Understanding Pregnancy and Maternity Discrimination
Pregnancy and maternity discrimination happens when you are treated unfairly because you are pregnant, on maternity leave, or have recently given birth. Under UK law, this type of discrimination is specifically protected to ensure that women are not disadvantaged in the workplace or elsewhere due to pregnancy or maternity.
The Equality Act 2010 and Your Rights
The main law that protects you from pregnancy and maternity discrimination is the Equality Act 2010. This Act makes it unlawful for employers and service providers to treat you unfavourably because of your pregnancy, a pregnancy-related illness, or because you are on maternity leave. Pregnancy and maternity are recognised as protected characteristics under the Equality Act 2010, which means you have specific legal protections from the moment you become pregnant until the end of your maternity leave.
What Does the Protection Cover?
Your rights start as soon as your employer knows, or could reasonably be expected to know, that you are pregnant. Protection continues through your pregnancy, any pregnancy-related illness, your statutory maternity leave (Ordinary and Additional Maternity Leave), and for a short period after you return to work.
The law covers:
- Recruitment: You cannot be refused a job or treated less favourably during the hiring process because you are pregnant or might take maternity leave.
- Terms and Conditions: Your terms of employment, including pay and benefits, must not be reduced because of your pregnancy or maternity leave.
- Promotion and Training: You must have the same opportunities for promotion, training, and development as others.
- Dismissal: It is unlawful to dismiss you or select you for redundancy solely or mainly because of your pregnancy or maternity leave.
- Day-to-Day Treatment: Any unfavourable treatment at work, such as being excluded from meetings, denied reasonable adjustments, or being subjected to negative comments, can count as discrimination.
Examples of Pregnancy and Maternity Discrimination
Understanding what counts as discrimination can help you recognise if your rights are being breached. Here are some common examples:
- Being overlooked for a promotion or training opportunity because you are pregnant.
- Having your hours cut or being given less favourable shifts after telling your employer about your pregnancy.
- Receiving negative comments or being harassed because of your pregnancy or maternity leave.
- Being dismissed or made redundant while on maternity leave without a fair process or genuine reason unrelated to your pregnancy.
- Not being allowed time off for antenatal appointments.
For a more detailed explanation of what the law says and practical advice on your rights, you can read pregnancy and maternity discrimination on the Acas website.
If you believe you have experienced unfair treatment because of pregnancy or maternity, it’s important to know that the law is on your side. Understanding your rights is the first step in seeking support and taking action if needed.
Your Rights at Work During Pregnancy and Maternity
When you are pregnant or on maternity leave, you are protected by law from unfair treatment at work. The Equality Act 2010 makes it illegal for employers to discriminate against you because of pregnancy or maternity. Here’s what those rights mean in practice:
Protection from Unfair Treatment and Dismissal
Your employer cannot treat you unfairly or dismiss you because you are pregnant, have recently given birth, or are on maternity leave. This includes any negative treatment such as reducing your hours, demoting you, or making your working environment uncomfortable because of your pregnancy. If you are dismissed or selected for redundancy for reasons connected to your pregnancy or maternity leave, this will usually count as automatic unfair dismissal and unlawful discrimination.
Recruitment, Promotion, and Training
Pregnancy and maternity discrimination is not limited to current employees. The law also protects you during recruitment and selection processes. Employers cannot refuse to hire you because you are pregnant or might take maternity leave. Similarly, you must not be overlooked for promotion, training opportunities, or other benefits because of your pregnancy or maternity status.
Reasonable Adjustments at Work
If your pregnancy makes certain aspects of your job difficult or unsafe, you have the right to request reasonable adjustments. This could include changes to your working hours, lighter duties, or additional breaks. Your employer should carry out a risk assessment and make adjustments where necessary to protect your health and safety during pregnancy.
Maternity Leave and Pay Rights
You are entitled to take up to 52 weeks of maternity leave, regardless of how long you’ve worked for your employer. During this time, you may also be eligible for Statutory Maternity Pay or Maternity Allowance, depending on your circumstances. Your employment rights, including your right to return to work, continue while you are on maternity leave. For more details about employment benefits during maternity, or to understand your options for maternity, paternity, and parental leave, you can explore further information.
How Pregnancy Discrimination Relates to Gender and Sex Discrimination
Pregnancy and maternity discrimination is closely linked to gender and sex discrimination under the Equality Act 2010. If you are treated unfairly because of pregnancy or maternity, it is also likely to be considered discrimination based on sex. Understanding these related protections can help you recognise your full rights under the law.
If you believe you have experienced pregnancy or maternity discrimination at work, you have the right to raise the issue with your employer and, if necessary, seek legal advice or take further action. Knowing your rights is the first step to ensuring you are treated fairly during this important time.
Examples of Pregnancy and Maternity Discrimination
When it comes to pregnancy and maternity discrimination, the law is clear: under the Equality Act 2010, it is unlawful to treat someone unfavourably because they are pregnant, on maternity leave, or have recently given birth. Discrimination can happen in various ways – sometimes openly, sometimes more subtly. Here are some common examples to help you understand what counts as pregnancy and maternity discrimination:
Being Treated Less Favourably Because of Pregnancy or Maternity Leave
If you are treated worse than others because you are pregnant or on maternity leave, this is likely to be discrimination. For example, your employer might refuse to consider you for a promotion, reduce your hours, or exclude you from important meetings simply because of your pregnancy or maternity status. The law protects you from such treatment from the moment you become pregnant until the end of your maternity leave.
Unfair Dismissal Related to Pregnancy or Maternity
It is unlawful for your employer to dismiss you because you are pregnant, have taken maternity leave, or have asked for your rights during this time. For instance, if you are dismissed after telling your employer you are pregnant, or while you are on maternity leave, this is likely to be an unfair dismissal and discrimination under the Equality Act 2010. You have the right to challenge this decision and seek compensation.
Refusal to Allow Flexible Working or Reasonable Adjustments
Pregnant employees or those returning from maternity leave may need temporary changes to their working patterns or duties for health and safety reasons. If your employer refuses reasonable requests for flexible working or fails to make necessary adjustments (like providing more breaks or lighter duties), this can amount to discrimination. Employers have a legal duty to consider such requests seriously and to make adjustments where reasonable.
Harassment Related to Pregnancy or Maternity Status
Harassment happens when you are subjected to unwanted behaviour because of your pregnancy or maternity status, creating a hostile or intimidating environment. This could include offensive comments, jokes, or being singled out for negative treatment. The Equality Act 2010 makes it clear that such harassment is unlawful, and you have the right to report it and seek support.
Discrimination in Other Areas Like Education or Services
Pregnancy and maternity discrimination isn’t limited to the workplace. It can also occur in education, when accessing public services, or as a consumer. For example, being refused entry to a class or denied access to a service because you are pregnant is unlawful. To understand how these protections apply outside of work, see our page on pregnancy discrimination and consumer rights.
If you believe you have experienced any of these forms of discrimination, it’s important to know your rights and what steps you can take. The Equality Act 2010 provides strong protections, and you are entitled to challenge unfair treatment whether it happens at work, in education, or when using services.
What to Do If You Experience Pregnancy or Maternity Discrimination
If you believe you have experienced pregnancy or maternity discrimination, it’s important to take clear and timely steps to protect your rights. The Equality Act 2010 makes it unlawful for employers, service providers, or other organisations to treat you unfairly because you are pregnant or on maternity leave. Here’s what you can do if you think you’ve been discriminated against:
1. Keep a Record of What Happened
Start by making detailed notes about the incident(s) as soon as possible. Include dates, times, what was said or done, and who was involved or witnessed the event. Keep copies of relevant documents, such as emails, letters, or messages that support your case. This information can be vital if you decide to make a formal complaint or take legal action.
2. Raise Your Concerns Informally
If you feel comfortable, consider discussing the issue directly with your employer, manager, or HR department. Sometimes, discrimination arises from misunderstanding or lack of awareness, and an informal conversation may resolve the problem. Be clear about what happened and how it has affected you.
If the issue relates to a service provider (such as a shop, healthcare provider, or other organisation), you can ask to speak to a manager or submit feedback about your experience.
3. Make a Formal Complaint or Grievance
If informal discussions do not resolve the issue, or you do not feel able to raise it informally, you can make a formal complaint (known as raising a grievance with your employer). Each employer should have a grievance procedure – usually outlined in your staff handbook or contract. Submit your complaint in writing, explaining what happened, how it has affected you, and what outcome you are seeking.
If you are dealing with a service provider, ask about their official complaints process and follow it in writing.
4. Understand Your Legal Rights
You are protected by the Equality Act 2010, which prohibits discrimination because of pregnancy or maternity. Additionally, your rights to maternity leave and protection from dismissal are set out in the Employment Rights Act 1996. This law covers your entitlement to maternity leave, your right to return to work, and protection from unfair treatment or dismissal related to pregnancy or maternity.
5. Bringing a Claim to an Employment Tribunal or Court
If your complaint is not resolved, you may be able to bring a claim to an employment tribunal (for work-related discrimination) or to court (for discrimination by a service provider). It’s important to be aware of the following:
- Time Limits: Claims for pregnancy or maternity discrimination at work must usually be made within three months less one day from the date of the discriminatory act. For claims against service providers, the time limit is generally six months less one day. Missing these deadlines can mean you lose your right to claim.
- Evidence Needed: Gather as much evidence as possible, including your notes, copies of correspondence, witness statements, and any official responses from your employer or the service provider.
6. Seeking Support and Advice
Facing discrimination can be stressful, especially if it affects your financial situation or housing. If you need extra support, you might be eligible for financial and housing assistance support.
You may also want to seek advice from a trade union, a solicitor, or a local advice centre before taking formal action. They can help you understand your rights and guide you through the process.
Taking action against pregnancy or maternity discrimination can seem daunting, but knowing your rights and following these steps can help you achieve a fair outcome. For more detailed information about your legal entitlements, you can read the relevant provisions in the Employment Rights Act 1996.
Related Discrimination Topics to Know About
The Equality Act 2010 protects people from discrimination in various areas of life, including work, education, and access to services. While this page focuses on pregnancy and maternity discrimination, it’s important to know that the law also covers other forms of unfair treatment based on different protected characteristics.
For example, you may have rights if you experience age discrimination at work or when accessing services, or if you face unfair treatment due to a disability, which is covered under disability discrimination protections. Similarly, the law makes it illegal to treat someone unfairly because of their race, as explained in race discrimination, or because of their religion or beliefs, described in religious discrimination.
Pregnancy and maternity discrimination can sometimes overlap with these other forms of discrimination. For instance, a pregnant employee who is also disabled may face both pregnancy and disability discrimination if their employer fails to make reasonable adjustments. Similarly, someone could experience discrimination on multiple grounds, such as race discrimination and pregnancy, at the same time.
The Equality Act 2010 also protects against discrimination based on sexual orientation and gender identity. If you want to learn more about these rights, see our pages on sexual orientation discrimination and trans and non-binary discrimination.
Understanding all the protected characteristics under the Equality Act 2010 can help you recognise your rights and take action if you experience unfair treatment. If you believe you have been discriminated against for more than one reason, it’s important to consider all the relevant protections that might apply to your situation. Exploring these related topics can give you a fuller picture of your rights and the support available.
