Pregnancy and maternity discrimination:

Essential points

The Equality Act 2010 protects someone from discrimination based on their pregnancy or maternity. This protection starts when a woman is pregnant and the employer is informed, or it is reasonable for the employer to have known, that they are pregnant. This is the start of the ‘protected period.’

The aim of the Act is to ensure that during the protected period  a woman is not treated unfavourably because of their pregnancy, any pregnancy-related illness, whilst on maternity leave, or on return to work, because they have taken  maternity leave or are breastfeeding.  The protection often extends beyond these examples and specific periods as it is unlawful to treat them unfavourably because of (in other words, for a reason related to) pregnancy or maternity leave. .

The page below addresses discrimination relating to pregnancy, maternity and the protected period. There can be varying forms of discrimination:

• Direct discrimination: treating a woman unfavourably linked to pregnancy, maternity or the protected period
• Associative discrimination; where someone demonstrates that discrimination occurred because of their association with pregnancy or maternity
• Perceived discrimination; unfavourable treatment based on the perception of pregnancy
• Victimisation; where someone suffers detrimental treatment as a result of raising a claim or complaint relating to pregnancy or maternity

As forms of discrimination, indirect discrimination and harassment do not explicitly apply to circumstances linked to pregnancy and maternity. Although if these forms of discrimination and treatment do occur it is likely they are covered by protections against sex discrimination and harassment related to sex.

There are other protections and claims that can relate to pregnancy. For example, the right to (and special protection for) time off for ante-natal appointments, enhanced health and safety considerations, pregnancy related illness rights and enhanced rights during any  redundancy/redeployment processes. These rights are covered in our Maternity leave and pay law page and also in Acas guidance on redundancy protection.