Maternity Discrimination at Work: Rights and Evidence

What pregnancy and maternity discrimination means

Pregnancy and maternity is a protected characteristic under the Equality Act 2010. Unfavourable treatment can be unlawful where it happens because someone is pregnant, has a pregnancy-related illness, is on maternity leave or has the right to take it.

Protection can apply during recruitment, employment and maternity leave. The protected period has specific start and end points; after it ends, connected treatment may need to be analysed under sex discrimination or another legal route.

This guide covers England, Scotland and Wales. Rights depend on employment status, dates and the treatment complained of. It is general information, not legal advice.

Examples of maternity discrimination

• Rejecting an applicant because she is pregnant or expected to take maternity leave.
• Using pregnancy-related sickness as a negative attendance or performance factor.
• Removing duties, opportunities, clients or training because of pregnancy without a lawful reason.
• Failing to consult someone properly during maternity leave about a restructure or redundancy.
• Blocking promotion or treating maternity leave as evidence of a lack of commitment.
• Dismissing someone because of pregnancy, maternity leave or a connected statutory right.

Redundancy protection during and after pregnancy

Special redundancy rules can require an employer to offer a suitable available alternative vacancy to protected employees. The current protection can begin when the employer is informed of the pregnancy and continue through maternity leave and, in qualifying cases, for 18 months after the birth.

The rule does not prevent every redundancy, but it changes how suitable alternative vacancies must be handled. Record when the employer was notified, the pregnancy or birth date, the restructuring pool, vacancies and communications.

Evidence to preserve

• The date and method used to notify the employer of pregnancy.
• Performance reviews, promotion records and responsibilities before and after notification.
• Pregnancy-related sickness records and how those absences were treated.
• Risk assessments, adjustment requests and responses.
• Restructure scores, consultation papers, vacancy lists and suitable-role discussions.
• Comments, emails or decisions connecting treatment with pregnancy or maternity leave.

Raising the problem

1. 01

   Identify the treatment and date

   Record what changed, who decided it and why you believe pregnancy or maternity was connected.

2. 02

   Ask for an explanation

   Raise the issue promptly and request the policy, criteria and records behind the decision.

3. 03

   Use the grievance or appeal process

   Set out the facts, legal concern, evidence and practical outcome requested.

4. 04

   Check the Tribunal deadline

   Internal action does not normally stop time running. Work from the earliest possible discriminatory act and obtain advice quickly.

Maternity-discrimination questions