Pregnancy Discrimination at Work

The Equality Act 2010 provides automatic protection for pregnant employees and those on maternity leave. Unlike other discrimination claims, you do not need to identify a male comparator to show you were treated less favourably — the treatment itself is unlawful if it is connected to pregnancy or maternity. This special protection applies throughout the "protected period" — from the beginning of pregnancy until the end of maternity leave (or return to work if earlier).

Unlawful treatment during this period includes:

• Dismissal for a reason connected to pregnancy or maternity leave
• Selection for redundancy because of pregnancy or maternity leave
• Being passed over for promotion or development opportunities because of pregnancy
• Having your pay or benefits reduced while on maternity leave (beyond what the law permits)
• Being subjected to disciplinary action for pregnancy-related sickness absence
• Facing detriment for attending antenatal appointments

Employees on maternity leave have special redundancy protections. Where a redundancy situation arises during maternity leave, the employer must offer the employee any suitable alternative vacancy that exists before making her redundant — even if other employees are also at risk and would otherwise have priority. This is a specific statutory obligation under the Maternity and Parental Leave Regulations 1999.

Failure to offer a suitable alternative vacancy to an employee on maternity leave when one exists is automatically unfair dismissal and pregnancy/maternity discrimination. This protection has been extended by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which extends the priority for suitable alternative vacancies to cover the period of pregnancy from the point the employer is notified, and for 18 months after the baby is born (or 18 months after the expected week of childbirth if the employee does not return to work).

On returning from maternity leave, you have the right to return to the same job on the same terms and conditions. If you have taken more than 26 weeks' leave (additional maternity leave), you have the right to return to the same job or, if that is not reasonably practicable, to a suitable and appropriate alternative job on no less favourable terms.

Your employer cannot use your absence on maternity leave as a reason to treat you less favourably on your return. You must receive any pay increase that occurred during your absence, be considered for any promotion that arose, and not be disadvantaged in performance assessments that cover a period including maternity leave.

If you face adverse treatment on returning from maternity leave — including being managed out, given a lesser role, or subjected to a change in terms — this may constitute maternity discrimination. Take advice from Acas or an employment solicitor.