Pregnancy and Maternity Discrimination

Pregnancy and Maternity Rights at Work

Pregnancy should never result in unfair treatment at work. Unfortunately, many employees experience discrimination during pregnancy, maternity leave, or upon returning to work following the birth of a child.

If you have been treated unfairly because you are pregnant, have a pregnancy-related illness, are on maternity leave, have recently returned to work, or are breastfeeding, you may have legal rights and could be entitled to bring a claim for discrimination.

Pregnancy and maternity discrimination can have a significant impact on your career, financial security, and wellbeing. Many employees are unaware that the law provides extensive protection during pregnancy and maternity leave, regardless of their length of service.

Examples of Pregnancy and Maternity Discrimination

You may have experienced unlawful discrimination if:

  • You were subjected to negative comments about your pregnancy or your ability to perform your role.

  • You were overlooked for promotion, training opportunities, or career development because you were pregnant or on maternity leave.

  • You received unfair treatment due to pregnancy-related or postnatal illness.

  • Your responsibilities were reduced or altered without justification after announcing your pregnancy.

  • You were excluded from meetings, projects, or workplace opportunities.

  • You were disciplined or criticised for attending pregnancy-related medical appointments.

  • You were dismissed shortly before, during, or after maternity leave.

  • Your role was given permanently to somebody covering your maternity leave.

  • You were selected for redundancy because of pregnancy, maternity leave, or childcare responsibilities.

  • Your flexible working request was unfairly refused following your return to work.

  • You were treated unfavourably because you were breastfeeding or expressing milk at work.

If any of these situations apply to you, you may have grounds to pursue a claim for pregnancy discrimination, maternity discrimination, sex discrimination, unfair dismissal, or another employment-related claim.

What Does the Law Say?

Pregnancy and maternity are protected under the Equality Act 2010.

The law protects:

  • Employees

  • Workers

  • Some contractors and agency workers

  • Job applicants

Protection applies regardless of how long you have worked for your employer and regardless of whether you work full-time or part-time.

This means that employers must not treat someone unfavourably because they are:

  • Pregnant;

  • Experiencing a pregnancy-related illness;

  • Taking maternity leave; or

  • Exercising rights connected to pregnancy and maternity.

The protection generally begins when the pregnancy starts and continues throughout maternity leave.

Importantly, job applicants are also protected. An employer should not refuse employment, withdraw a job offer, or treat someone less favourably because they are pregnant or planning to take maternity leave.

Employer Responsibilities

Employers have a responsibility to ensure that pregnant employees and those on maternity leave are treated fairly and lawfully.

This includes ensuring that employees are not disadvantaged in relation to:

  • Recruitment and promotion opportunities;

  • Pay and benefits;

  • Training and professional development;

  • Flexible working arrangements;

  • Performance assessments;

  • Disciplinary and grievance procedures;

  • Redundancy selection processes; and

  • Dismissal decisions.

Pregnancy-related absences should not generally be treated in the same way as ordinary sickness absence when making employment decisions.

Employers must also consider the health and safety of expectant and new mothers. Depending on the circumstances, this may require adjustments to working practices, altered duties, amended working hours, or suitable alternative work arrangements.

Pregnancy-Related Harassment

Pregnancy discrimination often overlaps with workplace harassment.

Harassment can include:

  • Offensive remarks relating to pregnancy or motherhood;

  • Humiliating comments about childcare responsibilities;

  • Jokes or inappropriate behaviour directed at pregnant employees;

  • Pressuring an employee to return from maternity leave early;

  • Creating an intimidating, hostile, degrading, or offensive working environment.

Every employee has the right to work in an environment that is respectful, supportive, and free from discriminatory behaviour.

Redundancy During Pregnancy or Maternity Leave

Being pregnant or on maternity leave does not prevent an employer from carrying out a genuine redundancy process. However, pregnancy, maternity leave, or anticipated periods of absence must never be the reason for redundancy selection.

Where redundancy situations arise, employees on maternity leave benefit from additional legal protections. Employers must follow a fair process and comply with their obligations under employment and equality legislation.

Failure to do so may lead to claims for discrimination, unfair dismissal, or both.

What Can You Do If You Experience Pregnancy

Discrimination?

If you believe you have been treated unfairly, there are several options available.

Depending on the circumstances, you may wish to:

  • Raise concerns informally with your employer;

  • Submit a formal grievance;

  • Seek early resolution through negotiation;

  • Engage in settlement discussions;

  • Bring a claim before the Employment Tribunal.

Where discrimination has occurred, compensation may include:

  • Loss of earnings;

  • Future financial losses;

  • Pension losses;

  • Injury to feelings awards; and

  • Other losses directly arising from the discriminatory treatment.

In some cases, employees feel forced to resign because of their employer's conduct. This may potentially give rise to a constructive dismissal claim alongside a discrimination claim.

How Bridgefield Legal Can Help

At Bridgefield Legal, we understand how distressing pregnancy and maternity-related workplace disputes can be.

We provide practical, professional support to individuals experiencing unfair treatment at work, including:

  • Assessing whether discrimination may have occurred;

  • Advising on workplace rights and protections;

  • Assisting with informal workplace resolutions;

  • Drafting grievances and appeals;

  • Reviewing employer correspondence and disciplinary decisions;

  • Negotiating settlement agreements;

  • Preparing Employment Tribunal claims and responses;

  • Providing representation throughout Employment Tribunal proceedings.

Our approach is focused on helping clients understand their options, protect their rights, and achieve the best possible outcome based on their individual circumstances.

Time Limits

Strict time limits apply to Employment Tribunal claims.

In most cases, a claim for pregnancy or maternity discrimination must be commenced within three months less one day from the date of the discriminatory act or the most recent act in a series of related incidents.

Because these time limits can be complex, it is important to obtain advice as soon as possible.

Make an Enquiry Today

If you believe you have experienced pregnancy or maternity discrimination, contact Bridgefield Legal for a free initial consultation.

📞 Call us on 0141 255 1068 or book a free consultation to discuss your circumstances with an experienced adviser.

We will assess your situation, explain your legal options, and discuss the most appropriate strategy for resolving your matter, whether through workplace procedures, negotiation, settlement discussions, or Employment Tribunal proceedings.

Book a free consultation