Pregnancy and Maternity Discrimination at Work

Pregnancy and maternity discrimination at work occurs when a woman is treated unfavourably because she is pregnant, has given birth or is on maternity leave. In England and Wales, this form of discrimination is prohibited under the Equality Act 2010 and related employment rights. The law recognises a specific protected period during which women have strong legal protections against unfavourable treatment, dismissal, redundancy and other detriments connected to pregnancy or maternity leave. This article explains how the law applies, the types of unlawful conduct, employer duties, how claims and time limits work, and practical steps for employees and employers. The content is structured in clear, plain language with authoritative references to UK law and guidance.

Legal Framework and Who Is Protected

Equality Act 2010 – Section 18

Under section 18 of the Equality Act 2010, it is unlawful for an employer to treat a woman unfavourably because of her pregnancy or maternity status during the protected period. This protection covers:

• Being pregnant
• Having a pregnancy‑related illness
• Being on compulsory, ordinary or additional maternity leave
• Taking or seeking to exercise rights to maternity leave

Unlike other protected characteristics, pregnancy and maternity are treated as a unique category under the Act, with a focus on unfavourable treatment during a clearly defined period.

Who Is Covered

Protection from pregnancy and maternity discrimination applies to:

• Employees and workers (including apprentices and agency workers)
• Contractors and self‑employed people providing personal services
• Job applicants
• Former workers in certain contexts such as references or post‑employment detriments

Importantly, there is no minimum length of service required for pregnancy and maternity discrimination protections to apply.

The Protected Period Explained

The law defines a protected period that generally lasts from the start of pregnancy until:

• The end of statutory maternity leave (up to 52 weeks), or
• The day the woman returns to work (whichever is earlier).

Women who are not entitled to statutory maternity leave (for example, some agency workers) are protected until two weeks after the end of their pregnancy, provided the unfavourable treatment relates to the pregnancy or a pregnancy‑related illness.

This protected period ensures legal protection against unfavourable treatment while pregnant, on leave and shortly after birth, even if the individual has no entitlement to maternity leave.

Types of Unlawful Discrimination

Direct Discrimination

Direct pregnancy and maternity discrimination occurs when a woman is treated unfavourably because of her pregnancy or maternity status. Examples include:

• Being denied promotion or training opportunities due to pregnancy
• Altering job duties unfavourably after disclosure of pregnancy
• Treating a woman less favourably on return from maternity leave than she would have been treated had she not been pregnant

Victimisation

Victimisation arises when an individual is treated badly because she has raised concerns about pregnancy or maternity discrimination, supported another's complaint, or given evidence in proceedings. Although indirect discrimination and harassment specific to pregnancy are not separately defined, other forms of discriminatory behaviour may still constitute unlawful sex discrimination.

Redundancy and Dismissal

Automatic unfair dismissal applies where a woman is dismissed because of her pregnancy or maternity leave. Employers cannot use redundancy processes to circumvent protections unless they can justify them lawfully and follow fair procedures. In redundancy situations arising during maternity leave, employers must offer a suitable alternative vacancy where one exists.

Other Workplace Rights Connected to Pregnancy and Maternity

Pregnancy and maternity rights extend beyond discrimination protections. Some complementary rights include:

Health and Safety Protections

Employers must undertake risk assessments for pregnant workers and new mothers and take reasonable steps to remove or reduce risks. This may lead to temporary adjustments, alternative work, or suspension on full pay where necessary.

Antenatal Appointments

Employees are entitled to paid time off for antenatal appointments during working hours.

Maternity Leave and Pay Entitlements

Employees qualify for statutory maternity leave (up to 52 weeks) and, subject to eligibility, statutory maternity pay (SMP). These entitlements are separate from discrimination law but interconnect with protections against unfavourable treatment.

Examples of Unfavourable Treatment

Unlawful pregnancy and maternity discrimination can show itself in many workplace situations, including:

• Refusing promotion opportunities or training after disclosure of pregnancy
• Reducing pay or responsibilities on return from maternity leave
• Pressuring a pregnant worker to resign
• Ignoring pregnancy‑related health needs or risk adjustments
• Failing to offer suitable alternative work during redundancy while on maternity leave

Real tribunal cases illustrate these principles: for example, awards for discrimination where employers ignored staff on maternity leave or staged redundancies targeting new mothers.

Making a Claim: Time Limits and Process

Early Conciliation

Most discrimination complaints must begin with Acas Early Conciliation before an employment tribunal claim can be issued. Early Conciliation is a statutory step that encourages resolution without formal litigation. Failure to notify Acas can prevent the tribunal from hearing a claim.

Time Limits

A claim for pregnancy or maternity discrimination must usually be presented to an employment tribunal within three months minus one day from the date of the discriminatory act. In cases involving ongoing detriments, the time limit is calculated from the last relevant act. Standard UK employment tribunal procedure applies.

Evidence and Burden of Proof

For a successful claim, the claimant must show they were treated unfavourably due to pregnancy or maternity status. Once such facts are established, the employer may be required to justify the treatment, although pregnancy and maternity discrimination claims often do not require direct comparison with another worker.

Remedies and Compensation

Employment tribunals can award remedies including:

• Compensation for financial loss such as loss of earnings or benefits
• Compensation for injury to feelings arising from discriminatory treatment
• Reinstatement or reengagement in appropriate circumstances

Compensation levels depend on the facts and severity of the discrimination, and tribunals take into account established guidelines and statutory frameworks.

Practical Steps for Employees and Employers

For Employees

1. Notify your employer in writing when pregnant or intending to take maternity leave to begin the protected period.
2. Document incidents and correspondence relating to unfavourable treatment.
3. Use internal grievance procedures to raise concerns before pursuing legal action.
4. Engage with Acas Early Conciliation before a tribunal claim.
5. Seek advice from Citizens Advice, pregnancy‑focused support organisations or employment law specialists.

For Employers

1. Review policies to ensure compliance with discrimination and maternity rights law.
2. Conduct individual risk assessments for pregnant and breastfeeding workers.
3. Train managers on legal protections and reasonable adjustments.
4. Communicate clearly and fairly with employees on maternity leave.
5. Follow fair redundancy procedures and consider suitable alternative employment.

Summary

Pregnancy and maternity discrimination at work is unlawful under the Equality Act 2010. The law protects women from unfavourable treatment from the start of pregnancy through maternity leave and into the return to work or shortly thereafter. Discrimination may take the form of dismissal, demotion, denial of opportunities or poor treatment related to pregnancy or maternity status. Complementary rights cover health and safety protections, antenatal appointments and redundancy safeguards. Individuals have recourse to employment tribunals, subject to statutory time limits and procedural requirements. Employers must actively prevent discrimination and support pregnant and returning employees in compliance with legal duties.