Pregnancy and maternity discrimination

Pregnancy and maternity discrimination is one of the strongest claims in employment law, and one of the most common. The protection is deliberately generous: for most of it you do not need a comparator, you do not need any length of service, and compensation is uncapped.

The protected period

Special protection runs from the start of your pregnancy to the end of your maternity leave. During that window it is unlawful to treat you unfavourably because of the pregnancy, a pregnancy-related illness, or because you are taking or have taken maternity leave.

Unlike most discrimination claims, you do not have to compare yourself with anyone else. You simply have to show unfavourable treatment because of one of those things.

After the protected period ends, treatment connected with having a baby, such as being penalised for childcare responsibilities, is usually dealt with as sex discrimination or indirect discrimination instead.

What it looks like

• Being made redundant, or selected for redundancy, shortly after announcing a pregnancy.
• Sickness absence related to pregnancy being counted towards absence triggers or performance ratings, which is unlawful.
• Losing responsibilities, clients or projects "to reduce your load" without asking you.
• Being overlooked for promotion, pay rises or bonuses while on leave.
• Having a flexible working request refused without proper consideration on return.
• Comments about commitment, priorities or "whether you will actually come back".

Health and safety obligations

Once you have told your employer in writing that you are pregnant, they must carry out a risk assessment and act on it. If risks cannot be removed, they must offer suitable alternative work on the same terms, and if none exists, suspend you on full pay.

You also have the right to paid time off for antenatal appointments.

Redundancy and the priority right

Redundancy is not unlawful during pregnancy or maternity leave, but the protection around it is strong.

Where a role is redundant and a suitable alternative vacancy exists, employees who are pregnant, on maternity leave, or in the protected period after returning must be offered it in priority to other candidates, without having to compete for it. Failing to offer a suitable vacancy makes the dismissal automatically unfair.

Selection because of pregnancy or maternity leave is discrimination and automatically unfair dismissal, with no qualifying period of service.

Returning to work

After ordinary maternity leave you are entitled to return to the same job. After additional maternity leave you are entitled to return to the same job, or if that is not reasonably practicable, to a suitable and appropriate alternative on terms no less favourable.

Keeping in touch days are optional on both sides and must be agreed. Being pressured to work while on leave is not acceptable.

Evidence and timing

Tell your employer in writing and keep the reply. Keep dated notes of meetings, comments and decisions, and save appraisals and correspondence to a personal email or print them before you lose access.

Watch the clock. The deadline is normally three months less one day from the act complained of, with the clock paused for ACAS early conciliation. If you were dismissed while on leave, that deadline can fall while you are dealing with a newborn, which is exactly why so many good claims are lost. Notify ACAS early even if you are not sure what you want to do.

What it is worth

Compensation is uncapped. It includes loss of earnings, which for a dismissal around maternity leave can be lengthy given how hard it is to find a new role while pregnant or with a new baby, an award for injury to feelings in bands, and interest. Automatically unfair dismissal adds a basic award.

Getting advice

These claims are often resolved before a hearing, because employers and their advisers know how they look in front of a tribunal. The most useful step is a conversation with a specialist employment solicitor as soon as the treatment starts, rather than after the dismissal, because a well-timed written objection frequently stops the process altogether.