Introduction
Have you experienced unfair treatment due to pregnancy, breastfeeding, or recent childbirth? You may be facing pregnancy and maternity discrimination, which is illegal under the Equality Act 2010. This article will help you understand your rights and the steps you can take to address any discrimination you may have encountered. If you need assistance navigating these issues, you can find useful information about discrimination on the EHRC website at www.equalityhumanrights.com.
If you’ve faced unfair treatment because you’re pregnant, breastfeeding, or have recently given birth, you may be a victim of pregnancy and maternity discrimination. This type of discrimination is covered under the Equality Act 2010, which protects individuals from being treated unfairly due to their pregnancy or maternity status. If you believe you’ve been discriminated against, there are steps you can take to address the situation.
What is Pregnancy and Maternity Discrimination?
Pregnancy and maternity discrimination occurs when someone treats you unfairly due to your pregnancy, breastfeeding, or recent childbirth. This unfair treatment must result in a disadvantage for you, meaning you are worse off than you would be otherwise.
Examples of Unfavourable Treatment
Unfavourable treatment can take many forms. For instance, if you are denied a promotion at work simply because you are pregnant, this could be considered discrimination. You do not need to compare your situation to someone else’s; you just need to show that your pregnancy or maternity status was a factor in the unfair treatment you received.
It’s important to note that even if someone didn’t intend to discriminate against you, their actions can still be unlawful. For example, if a shopkeeper refuses to sell you cigarettes because they believe it’s harmful to your pregnancy, this is still considered discrimination, regardless of their good intentions.
Discrimination Outside the Workplace
Discrimination isn’t limited to the workplace. It’s illegal to treat you unfavourably because:
- You are currently pregnant or have been pregnant in the past.
- You have recently given birth.
- You are breastfeeding.
You are protected from discrimination for 26 weeks after giving birth. Even if this time frame has passed, you may still have protections against sex discrimination if you are treated unfairly because of your gender.
Example of Discrimination Outside Work
Imagine you are breastfeeding your 6-week-old baby on a bus, and the driver asks you to stop or leave because another passenger complained. This would be considered unlawful discrimination, as you are still within the 26-week protection period after giving birth.
If your baby is stillborn, you are still protected against discrimination as long as your pregnancy lasted at least 24 weeks.
Additional Protections for Breastfeeding
If you are breastfeeding a child over 26 weeks old and face unfavourable treatment, this may be classified as direct sex discrimination. Unlike other sex discrimination cases, you do not need to show that you were treated worse than someone of the opposite sex. You only need to demonstrate that you were treated worse than if you had not been breastfeeding.
Example of Direct Sex Discrimination
If you are breastfeeding your 9-month-old baby on a bus and the driver asks you to leave, this could be direct sex discrimination if you can prove that a non-breastfeeding passenger would not have been asked to leave.
Discrimination in the Workplace
The Equality Act 2010 prohibits discrimination against you at work for being pregnant or suffering from a pregnancy-related illness. Your protection lasts throughout your pregnancy and includes a specific period known as the protected period.
For employees with maternity leave rights, the protected period ends when your maternity leave concludes or when you return to work, whichever comes first. If you are not entitled to maternity leave, your protection lasts for two weeks after your child is born.
Even after this period, you may still be protected from discrimination based on your sex.
Situations Where Discrimination is Lawful
There are instances where it is lawful for a service provider, like a gym or shop, to treat you differently due to health and safety concerns. For example, if a gym prohibits pregnant women from using a steam room due to health risks, this is acceptable as long as they apply the same rules to others with health conditions.
What to Do Next
If you believe you’ve experienced discrimination, it’s important to know your rights and consider your options. You can seek help from various organizations:
- Contend’s Legal Expert Chat: For tailored guidance and support regarding your situation, try Contend’s legal expert chat. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems.
Understanding your rights is the first step in addressing any unfair treatment you may have experienced due to pregnancy or maternity. If you’re unsure about your situation or how to proceed, don’t hesitate to reach out for help through Contend. They are the Easiest Legal Help in the UK.
For more info, check out some of our related articles:
- Understanding Your Rights: Tackling Discrimination in the UK
- Pregnancy Discrimination: Know Your Rights & How to Fight Back
- Fight Discrimination in the UK: Your Rights Under the Equality Act 2010
- Understanding Disability Rights: Combat Discrimination with the Equality Act 2010
- Fight Retail Discrimination: Know Your Rights Under Equality Act 2010
