This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to pregnancy and maternity discrimination law in England and Wales, explaining legal protections under the Equality Act 2010, the protected period, redundancy and return‑to‑work rights, tribunal claims, remedies and practical steps for employees and employers.
Pregnancy and maternity discrimination in the workplace is a serious legal issue in England and Wales, arising when an employee is treated unfavourably because of pregnancy, pregnancy‑related illness or maternity leave. Protections are set out in the Equality Act 2010 and related employment legislation, and they operate during a specific protected period and in defined circumstances. This article explains what the law says, who is protected, how discrimination can occur, how to challenge it, time limits, potential remedies, and practical steps for employees and employers. The aim is to provide clear, structured guidance that is understandable to non‑experts while retaining accuracy for solicitors and aligned with common employer and employee concerns.
Legal Framework: Protected Characteristic and Protected Period
Legal Basis
Under the Equality Act 2010, pregnancy and maternity are treated as a protected characteristic. This protects women from unfavourable treatment because of:
- being pregnant,
- pregnancy‑related illness,
- being on compulsory maternity leave,
- seeking to take or taking ordinary or additional maternity leave.
Unlike most other protected characteristics, pregnancy and maternity discrimination is defined by unfavourable treatment, not simply “less favourable treatment,” and applies only within specific circumstances provided by law.
Protected Period
The “protected period” is the timeframe during which these protections apply:
- From the start of the pregnancy once the employer is aware or should reasonably have been aware of it.
- Until the employee returns to work from maternity leave, or
- Where no maternity leave is taken, generally until two weeks after the end of the pregnancy.
For ordinary and additional maternity leave (which together can amount to up to 52 weeks), protection continues throughout and can extend to treatment connected to these periods after they end.
Who Is Protected?
Protection under pregnancy and maternity discrimination law applies to:
- Employees – those under a contract of employment with statutory rights.
- Workers and job applicants in relation to certain aspects such as rejection of a job because of pregnancy.
- Former workers in limited contexts where treatment is connected to a pregnancy or maternity event.
Importantly, because maternity leave rights under statutory schemes apply only to employees, protections specifically tied to ordinary and additional maternity leave usually require employment status.
Types of Unlawful Treatment
Unfavourable Treatment Because of Pregnancy
It is unlawful to treat someone unfavourably because they are pregnant. This may include actions such as:
- withdrawing a job offer on finding out about pregnancy,
- penalising or excluding an employee from training because of pregnancy,
- pressuring an employee to resign because she is pregnant.
Pregnancy‑related illnesses arising from the pregnancy are also protected from unfavourable treatment during the protected period.
Maternity Leave and Associated Rights
Treating an employee unfavourably because they are on compulsory maternity leave, or because they have taken or sought to take ordinary or additional maternity leave, is unlawful discrimination.
Employers must respect the right to take maternity leave and must not penalise employees for exercising these statutory rights.
Distinguishing from Other Forms of Discrimination
Pregnancy and maternity discrimination is distinct from indirect discrimination and harassment under general Equality Act provisions, although such conduct can still be unlawful under separate sex discrimination protections if it arises outside the protected period or in forms not covered by section 18 of the Act.
Employers are also permitted to make health and safety adjustments when necessary - for example, temporarily changing duties if a pregnant employee's job presents risks to her or her baby - provided the adjustments are appropriate and fair.
Redundancy and Return to Work Protections
Employees who are pregnant or on maternity leave have enhanced redundancy protections. Where a redundancy situation arises during the protected period, employers must offer any suitable alternative vacancy to the employee ahead of others if such roles exist. These protections now extend for up to 18 months after the baby is born, reflecting recent legal updates to redundancy rights for pregnancy and new parents.
Employers cannot use redundancy simply to remove an employee during maternity leave. Failure to follow the statutory rules can constitute both unfair dismissal and pregnancy and maternity discrimination.
Challenging Discrimination: Internal and Legal Processes
Internal Complaints
If an employee believes they have experienced pregnancy or maternity discrimination, they should:
- Raise concerns internally through grievance procedures or with Human Resources, setting out specific incidents, dates and the reasons why treatment is discriminatory.
- Keep records of communications, treatment, and relevant documents such as emails or performance reviews.
Employers are expected to take complaints seriously, investigate promptly, and provide feedback.
Early Conciliation and Tribunal Claims
Before lodging a claim with the Employment Tribunal, most claimants must contact Acas for Early Conciliation. Acas offers a free service to assist parties in resolving disputes and issues a certificate required to start an employment tribunal claim if conciliation is unsuccessful.
Time Limits
Tribunal claims for discrimination must typically be presented within three months less one day of the act of discrimination complained of, unless the act is part of a series where the last discriminatory act defines the start of the time limit. Early action is important to preserve rights.
Remedies and Outcomes
If an Employment Tribunal finds in favour of the claimant, it may award:
- Compensation for financial loss, including lost earnings and benefits.
- Compensation for injury to feelings where the unfavourable treatment has caused emotional harm.
- Interest on awards from the date of the act of discrimination to the date of settlement or judgment.
Compensation levels vary with the facts of each case, including the extent of loss and impact of discriminatory conduct.
Practical Considerations for Employers
Employers should adopt positive practices to prevent pregnancy and maternity discrimination, such as:
- Developing clear pregnancy and maternity policies that explain rights, responsibilities, risk assessments and communication procedures.
- Providing training for managers on legal obligations and inclusive practices.
- Conducting risk assessments when an employee discloses a pregnancy and adjusting duties where necessary.
- Treating maternity leave as part of employment continuity, respecting return‑to‑work rights and avoiding unfavourable decisions connected to pregnancy or maternity.
Common Questions
What happens if an employee's role changes while on maternity leave?
Employers must ensure that changes are not connected to the employee's pregnancy or maternity leave. Poor communication or unilateral removal of roles can constitute unfavourable treatment.
Is dismissal during pregnancy or maternity leave allowed?
Dismissal because of pregnancy or maternity leave is unlawful and may also breach unfair dismissal protections; employers must provide clear non‑discriminatory reasons if termination occurs.
Do protections continue after maternity leave ends?
Yes. If the unfavourable treatment is connected to pregnancy or maternity leave, protections can extend beyond the formal leave period.
Final Thoughts
Pregnancy and maternity discrimination law in England and Wales provides strong protections for women from the point an employer is aware of their pregnancy through maternity leave and associated periods. The law prohibits unfavourable treatment because of pregnancy, pregnancy‑related illness, and maternity leave, with additional redundancy protections and rights to return to work. Employees can raise internal complaints and, if unresolved, bring claims to an Employment Tribunal following Early Conciliation. Employers should adopt inclusive policies, conduct risk assessments, and ensure fair practices to avoid unlawful discrimination. Understanding the protected period, who is covered, and how claims operate helps both employees and employers manage workplace rights effectively.
