Understanding Pregnancy & Maternity Discrimination

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It is unlawful discrimination to treat a woman unfavourably because of her pregnancy or a related illness, or because she is exercising, has exercised or is seeking or has sought to exercise her right to maternity leave.

Unfavourable treatment of a woman because of her pregnancy or maternity leave during ‘the protected period’ is unlawful pregnancy and maternity discrimination. This cannot be treated as direct sex discrimination. In some cases, employers have to treat workers who are pregnant or have recently given birth more favourably than other workers. 

The protected period starts when a woman becomes pregnant and continues until the end of her maternity leave, or until she returns to work if that is earlier.  Outside the protected period, unfavourable treatment of a woman in employment because of her pregnancy would be considered as sex discrimination rather than pregnancy and maternity discrimination.

However, if a woman is treated unfavourably because of her pregnancy (or a related illness) after the end of the protected period, but due to a decision made during it, this is regarded as occurring during the protected period.

The redundancy protected period during pregnancy and maternity starts when an employee tells their employer that they are pregnant and ends 18 months from the exact date the baby is born. If an employee does not tell their employer the exact date, the protected period ends 18 months from the expected week of childbirth.

Sources

• Equality Act 2010 
• ACAS – Pregnancy and Maternity Discrimination 
• ACAS – Redundancy Protection for Pregnancy and New Parents 
• Pregnancy and maternity: Pregnancy | EHRC 
• Pregnancy and maternity discrimination: | CIPD 

Employers in the UK are prohibited under the Equality Act 2010 from discriminating against, harassing, or victimising employees or job applicants because of protected characteristics, including pregnancy and maternity leave discrimination.

This applies to all aspects of employment, including terms and conditions, access to promotion, transfer or training opportunities, dismissal, and any other detriment.

Employers may be held liable for unlawful acts committed by their employees in the course of employment. However, they may avoid liability if they can show they took all reasonable steps to prevent such conduct. Employees may also be personally liable for their own discriminatory acts.

Employers also have legal obligations under the:

• Employment Rights Act 1996 
• Maternity and Parental Leave Regulations 1999

Pregnancy and maternity discrimination can arise in a wide range of workplace situations and through multiple communication channels, including in-person interactions, written communication, and digital platforms. 

Examples may include:

• unfavourable treatment after an employee announces a pregnancy 
• dismissal, redundancy selection, or non-renewal of a contract because of pregnancy or maternity leave 
• reducing responsibilities, hours, or opportunities due to pregnancy or maternity status 
• exclusion from meetings, training, promotions, or key projects during pregnancy or maternity leave 
• making assumptions about capability, commitment, or reliability because an employee is pregnant or returning from maternity leave 
• pressuring an employee to start maternity leave earlier than planned or discouraging them from taking full entitlement 
• failure to make reasonable adjustments for pregnancy-related health needs in the workplace 
• negative treatment linked to pregnancy-related illness or time off work 
• unfavourable treatment upon return from maternity leave, including role changes or loss of seniority or progression opportunities 
• inappropriate comments or behaviours relating to pregnancy, maternity leave, or childcare responsibilities 

In a workplace dispute we supported, an employee’s duties were reassigned to an external professional services provider during her maternity leave, without her prior knowledge.

On returning to work, she was informed that her role had been made redundant. She was subsequently offered alternative duties on a temporary basis and relocated to a different working environment, which differed significantly from her previous role in terms of equipment and working arrangements.

The employee retained contemporaneous evidence, including email correspondence and text messages, which supported her account of events. Following formal representation and the submission of detailed correspondence outlining potential breaches of UK equality law, the matter was resolved through a negotiated settlement.

Note: Outcomes will always depend on the specific facts, available evidence, and the employer’s internal processes.

If you believe you are experiencing pregnancy and/or maternity leave discrimination, our advice is:

• keep a written record of incidents  (dates, times, details, witnesses) 
• keep a diary of how each incident made you feel and the impact it had on your mental and physical health, and your relationships
• preserve evidence such as emails, messages, or screenshots 
• review your employer’s grievance and maternity procedures 
• report the issue to HR or management           
• raise a formal grievance where appropriate 
• seek early advice from ACAS 

️When does legal protection begin? Legal protection begins as soon as pregnancy starts. In many workplace situations, protection continues throughout pregnancy, maternity leave, and after returning to work where the treatment is connected to maternity leave or pregnancy-related circumstances. Additional redundancy protection for pregnant employees and new parents came into force in April 2024.

Can I be made redundant whilst pregnant or on maternity leave? Pregnancy does not prevent a genuine redundancy situation. However, it is unlawful to select someone for redundancy because they are pregnant or on maternity leave.

Under current UK legislation, pregnant employees, those on maternity leave, and certain returning parents may have priority rights to suitable alternative vacancies in redundancy situations.

Can my employer change my role whilst I am on maternity leave? No, employers should not make detrimental changes to your role because of pregnancy or maternity leave. Significant changes to duties, seniority, pay, opportunities, or working arrangements connected to maternity leave may give rise to discrimination or unfair treatment concerns.

Am I entitled to return to the same job after maternity leave? In most cases, yes.

After Ordinary Maternity Leave (first 26 weeks), employees are generally entitled to return to the same role. After Additional Maternity Leave (up to 52 weeks total), employees are usually entitled to return to the same role, or if that is not reasonably practicable, to a suitable alternative role on no less favourable terms.

Can my employer treat pregnancy-related sickness absence differently?
Yes. Pregnancy-related sickness absence should generally be recorded and managed separately from ordinary sickness absence. An employer should not count pregnancy-related absence towards absence-management trigger points or use it as a reason for disciplinary action, redundancy selection, promotion decisions, or other treatment that would disadvantage an employee because of pregnancy or pregnancy-related illness. 

Can my employer exclude me from a company-wide salary increase whilst I'm on maternity leave?  Generally, no. Employees on maternity leave should normally receive the benefit of company-wide pay rises and improvements to contractual terms and conditions that would have applied had they not been on maternity leave. 

Can my employer exclude me from a company-wide bonus whilst I'm on maternity leave?  Not necessarily. It depends on the type of bonus and the terms of the bonus scheme. Bonuses linked to company performance, profit-sharing, loyalty, or length of service will often continue during maternity leave. However, bonuses linked to individual performance, productivity, commission, or attendance may be treated differently.

Most claims under the Equality Act 2010, including pregnancy and maternity leave discrimination, must be submitted within 3 months less one day from the date of the last incident. Before submitting a claim, individuals must normally engage in ACAS Early Conciliation, which is a mandatory step. 

Employment Tribunal Information – GOV.UK 

Where a claim is successful, an Employment Tribunal may award compensation for financial loss, compensation for injury to feelings, and interest where applicable. Each case is assessed on its individual facts, including severity, duration, and impact.

Our HR Consultant supports employees experiencing workplace issues including discrimination, harassment, unfair dismissal, grievance and disciplinary matters, other workplace disputes, and Employment Tribunal claims.

Step 1 — Initial Case Review

We offer an initial complimentary review of your situation to assess your circumstances and provide clear, professional guidance on whether we may be able to assist.

Step 2 — Formal Workplace Representation

Where appropriate, we can prepare detailed correspondence to your employer outlining the relevant workplace concerns, applicable employment legislation, and potential procedural issues. In some cases, matters can be resolved through early settlement discussions without the need for Employment Tribunal proceedings.

Step 3 — Employment Tribunal Preparation Support

Where disputes remain unresolved, we can support you with Employment Tribunal proceedings.

📧 Tracey@PracticalPeople.co.uk

📞 07939 132480

We aim to respond within the same working day where possible.

This guidance is written by Tracey Hirst, an experienced HR consultant specialising in discrimination, maternity rights and Employment Tribunal preparation support. Her qualifications include FCIPD and MSc Strategic Management from Loughborough University. Tracey is the founder of Practical People.

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FairDeal4You™️ is a trading style of Practical People Limited who provide HR consultancy services only and are not a regulated law firm. We do not provide reserved legal services. This content is intended for general guidance purposes and should not be considered legal advice. Individuals should seek independent legal advice where appropriate. Practical People Limited holds professional indemnity insurance. 

Last Reviewed: 10 June 2026

Reviewed by Tracey Hirst, FCIPD - qualified HR Consultant

Reviewed against the Equality Act 2010, ACAS guidelines, and EHRC technical guidance

FairDeal4You™️ is a trading style of Practical People Limited

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