Pregnancy Discrimination in the UK: One Woman Loses Her Job Every 7 Minutes

The Equality Act 2010 sets out anti-discrimination protections in the workplace. Pregnancy and maternity are recognised as protected characteristics under this legislation.

This means it is unlawful for an employer to discriminate against a woman because she is pregnant, on maternity leave or has recently returned from leave. The law applies across all stages of employment, from recruitment to dismissal.

The Act prohibits four key forms of discrimination:

• Direct discrimination - Treating someone less favourably because they are pregnant or are on maternity leave.
• Indirect discrimination - Implementing a policy, criterion or practice that puts pregnant women or mothers at a disadvantage without objective justification.
• Harassment - Subjecting someone to unwanted conduct related to pregnancy or maternity that has the purpose of violating their dignity or creates an intimidating, hostile, humiliating, degrading or offensive environment.
• Victimisation - Treating someone unfairly for asserting their legal rights or supporting another person in doing so.

Despite these legal protections, the Pregnant Then Screwed data shows that thousands of women find themselves pushed out of the workforce - often subtly - after informing their employer of a pregnancy or following their return from maternity leave.

During your maternity leave, with the exception of pay, all of the terms and conditions under your contract of employment are protected.

This means that your length of service is not broken by taking maternity leave.

It also means that you continue to accrue your holidays and will be entitled to all contractual benefits and pay raises.

Some particular types of bonus schemes and incentives are also protected.

Employees on maternity leave are entitled to the same redundancy protections as any other employee.

They cannot be made redundant simply due to their pregnancy or maternity leave status.

Employers must ensure that the redundancy process is genuine, with maternity status not influencing the decision-making process.

It's essential that employees on maternity leave are included in consultations and selection criteria, and failure to do so could lead to claims of discrimination or unfair dismissal.

If you believe you've experienced discrimination related to pregnancy or maternity, it's crucial to:

• Keep a written record of relevant conversations, emails, and actions;
• Raise your concerns internally, either informally or via your employer's grievance procedure;
• Seek legal advice early - an employment solicitor can help you understand your rights and guide you through your options, whether that involves negotiating a resolution or pursuing a claim via an Employment Tribunal.

It is important to note that claims related to discrimination must generally be brought within three months, less than one day of the discriminatory Act, so time is of the essence.