Pregnancy Discrimination

Treating a woman unfavourably because of pregnancy or maternity is automatically unlawful under the Equality Act 2010. No qualifying period. Compensation is uncapped.

Is there a qualifying period for pregnancy discrimination claims?

No. There is no qualifying period. You can bring a pregnancy discrimination claim from day one of employment. This is different from unfair dismissal, which requires 2 years' service. Pregnancy is one of the strongest protected characteristics in UK employment law.

Can I be made redundant while on maternity leave?

Yes, but the employer must follow fair redundancy procedures and cannot select you because of pregnancy or maternity. Crucially, if a redundancy situation arises during maternity leave, the employer must offer you any suitable alternative vacancy before considering redundancy. Failure to do this is automatic unfair dismissal. Compensation is uncapped.

What are my rights when returning from maternity leave?

You have the right to return to the same job after ordinary maternity leave (26 weeks). After additional maternity leave (26–52 weeks), if your job no longer exists, the employer must offer you a suitable alternative on no less favorable terms. If they haven't offered you a role that matches your original job, duties, pay, and hours, that's a breach.

What if my employer says the dismissal was for performance, not pregnancy?

The reason the employer gives doesn't matter—the tribunal looks at the real reason. If performance issues were not raised (or only raised) during/around pregnancy or maternity, and you were performing normally beforehand, the tribunal will infer pregnancy was the reason. Document your performance history and any feedback from before pregnancy—this is crucial evidence.

Do I have the same rights on shared parental leave as on maternity leave?

Shared parental leave does not have the same statutory protections as maternity leave. You cannot take a pregnancy discrimination claim. However, if you're treated unfairly during shared parental leave, you may have an unfair dismissal claim (if 2 years' service). Seek specific advice if you're concerned about your position on SPL.

What if my employer refuses to allow me to breastfeed at work or provide facilities?

Employers are required to make reasonable adjustments for breastfeeding employees and provide suitable facilities (a private space, not a toilet). Refusing or failing to accommodate breastfeeding can be pregnancy/maternity discrimination. This is protected conduct. If refused, raise it immediately in writing and seek advice.

Can I combine pregnancy discrimination with unfair dismissal?

Yes. If you were dismissed while pregnant or on maternity leave, you can bring both. The dismissal is automatically unfair under the Employment Rights Act 1996. You can also bring a discrimination claim under the Equality Act 2010. Discrimination claims have uncapped injury to feelings compensation, whereas unfair dismissal is capped. Claiming both strengthens your case and maximizes recovery.

Pregnancy Discrimination

No qualifying period needed

standalone characteristic

unfair dismissal if pregnant

The Legal Protection

Pregnancy and maternity is one of the 9 protected characteristics under the Equality Act 2010. Unlike sex discrimination, no comparator is needed—treatment is assessed against how a non-pregnant person would be treated, or against the pregnant woman's own circumstances.

If you are dismissed, refused a promotion, excluded from work, or otherwise treated unfavourably because of pregnancy, that is automatically unlawful. You do not need to have 2 years' service (unlike unfair dismissal). You can bring a claim from day one of employment.

What Counts as Pregnancy Discrimination

Dismissal or resignation under pressure:

Being dismissed or forced to resign because of pregnancy or maternity. Even if the stated reason is different, if pregnancy was a factor, that is discrimination.

Denial of promotion or opportunities:

Being passed over for promotion, training, project assignment, or other opportunities because of pregnancy or maternity plans.

Exclusion from meetings or work:

Being excluded from team meetings, decisions, or projects during pregnancy or maternity leave without legitimate reason.

Changes to job or terms:

Your role, duties, hours, or pay being changed without consent during maternity leave or on return—without offering you a suitable alternative.

Unfavourable redundancy treatment:

Being given a worse redundancy package, higher selection score, or dismissed in a redundancy situation without being offered a suitable alternative vacancy (if one exists).

Being subjected to comments, jokes, or behaviour related to pregnancy, breastfeeding, or maternity leave. This can include seemingly "friendly" comments if repeated or unwanted.

Refusal of flexible working:

Refusing a request for flexible working after maternity leave (especially where other employees with similar needs are accommodated) can also be indirect sex discrimination.

Redundancy During Maternity Leave

You have special protection during maternity leave. If a redundancy situation arises, the employer must offer you any suitable alternative vacancy before considering redundancy.

This means your name must go forward for suitable alternative roles, and you must have a fair chance at those roles, before redundancy is considered. Suitable means: on not less favorable terms and conditions than your original job.

If the employer fails to do this, that is automatic unfair dismissal. Compensation is uncapped and you can also claim pregnancy discrimination. This is one of the strongest protections in employment law.

Returning to Work After Maternity Leave

You have a right to return to the same job:

After ordinary maternity leave (26 weeks):

You must be able to return to the same job—same duties, same pay, same hours, same location. The employer cannot move you without your agreement.

After additional maternity leave (26–52 weeks):

If your job no longer exists, the employer must offer you a suitable alternative on no less favorable terms. Suitable means: same or equivalent pay, hours, location, and type of work where reasonably possible.

If your job has been downgraded, merged, outsourced, or your pay/hours reduced without your consent while you've been away, that is a breach. You can claim unfair dismissal and/or discrimination. Document your original job description, contract, and any changes made in your absence.

How to Bring a Claim

3 months from the act of discrimination (or last act in a series). For dismissal, this is 3 months from the dismissal date. Act quickly.

ACAS early conciliation:

Before bringing a tribunal claim, you must notify ACAS. There is a 30-day conciliation window (can be extended by agreement). Most cases settle here.

Uncapped. You can recover loss of earnings, future loss, loss of statutory rights, loss of pension, injury to feelings (Vento bands apply), and any other loss caused by the discrimination.

Discrimination claims allow uncapped injury to feelings compensation (unlike unfair dismissal, which is capped). Vento bands guide the tribunal (claims presented on or after 6 April 2026): lower £1,300–£12,600, middle £12,600–£37,700, upper £37,700–£62,900, exceptional above £62,900.

Tell your employer in writing.

Once you know you are pregnant, notify your employer as soon as you feel comfortable. This creates a clear date from which you are protected.

Document all changes in treatment.

From the moment you notify pregnancy, keep a detailed record of any changes in how you are treated: meetings you're excluded from, comments made, changes to your workload, any negative feedback that did not exist before.

Keep maternity communication in writing.

Requests for flexible working, KIT day arrangements, return date confirmations—get these in writing or confirm them in writing after verbal discussion.

Challenge redundancy selection immediately.

If you are selected for redundancy while on maternity leave, or offered a worse package than non-pregnant comparators, write to the employer immediately noting the potential discrimination and requesting a meeting to discuss suitable alternatives.

Understand your rights on return.

Know your contract and job description before maternity leave. On return, ensure your role, pay, and hours match what was promised. If changes have been made, query them in writing.

Frequently Asked Questions

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Equality Act 2010 s.18

Employment Rights Act 1996