Recent data from the campaign group Pregnant Then Screwed has revealed that approximately 74,000 women lose their jobs simply for being pregnant or for taking maternity leave.
That's the equivalent of one woman being pushed out of her job every seven minutes.
On top of this, half of pregnant women, those on maternity leave and those returning from maternity leave say they had a negative experience at work. A third of women also say they were sidelined or demoted whilst pregnant, on maternity leave or when they return from maternity leave. Of those who had a negative experience, 1 in 5 left their employer.
The impact of this kind of discrimination can be devastating for individuals and their families, both financially and emotionally. For employers, it also means that they can lose valuable employees and be exposed to legal, financial and reputational risks.
Below, our Employment Lawyers explore what constitutes pregnancy and maternity discrimination, the legal rights and protections available under the Equality Act 2010, and what employers can do to create a supportive and compliant workplace.
Legal protections under the Equality Act 2010
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.
Examples of pregnancy and maternity discrimination
Pregnancy and maternity discrimination happens when a woman is treated unfairly because of her pregnancy, pregnancy-related illness, maternity leave or because she has recently returned from maternity leave.
Examples of pregnancy and/or maternity discrimination can include:
- refusal of a job offer, training or promotion opportunities;
- making unfavourable changes to job duties following maternity leave;
- reducing pay and/or hours of work;
- being made redundant or dismissed because of pregnancy or maternity;
- being pressured to resign because of pregnancy or because of maternity leave; and
- being treated less favourably in performance reviews or disciplinary procedures
Find Out More About Our Pregnancy and Maternity Discrimination Service
Your contractual rights on 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.
Rights when returning from maternity leave
The law also provides statutory protection for women returning to work after maternity leave:
- After Ordinary Maternity Leave (the first 26 weeks), an employee has the right to return to the same job in which she was employed before her absence, on the same terms and conditions or on no less favourable terms.
- After Additional Maternity Leave (weeks 27 to 52), an employee is entitled to return to the same job, or if that is not reasonably practicable, to a suitable alternative role on no less favourable terms.
- In cases of redundancy, women on maternity leave must be offered any suitable alternative vacancies before other at-risk employees. From 6 April 2024, this protection was extended to 18 months following the birth of the child.
Failure to comply with these rules can amount to automatic unfair dismissal and/or discrimination under the Equality Act.
Watch: Pregnancy & Maternity Discrimination Explained
What if there is a redundancy situation when I'm on maternity?
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.
How employers can support their employees
While legal compliance is a minimum requirement, creating a truly inclusive workplace means going further. Employers should:
- Ensure line managers are trained in maternity and pregnancy rights;
- Foster a culture that genuinely supports flexible working and work-life balance;
- Introduce clear anti-discrimination policies and reporting mechanisms;
- Regularly review internal processes to ensure women are not being disproportionately affected by policies or redundancies; and/or
- Proactively help employees transition back to work smoothly by ensuring they are not overlooked for promotions or development opportunities and/or offering return-to-work meetings.
What should you do if you're affected?
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.
Contact Our Employment Law Team
If you're facing challenges at work due to pregnancy or maternity leave, or if you're an employer seeking advice on best practices and compliance, please don't hesitate to contact us.
0161 941 4000
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Amy Salim
Associate
Amy is an Associate Solicitor in the award-winning Employment team at Myerson, bringing a wealth of experience and a strong academic background to her role.
She studied Law at the University of Manchester, graduating with a 2:1. Amy then completed her Legal Practice Course at BPP University, where she achieved a Distinction.
Amy joined Myerson’s Employment team in December 2022 and quickly demonstrated her expertise and dedication, earning a promotion to Associate Solicitor in September 2024.
About Amy Salim