Pregnancy & Maternity Discrimination for Employees

Pregnancy and maternity discrimination happens when you are treated unfavourably because you are pregnant, have a pregnancy‑related illness, or are on maternity leave. This could include:

• Being left out of meetings or opportunities
• Negative comments about your pregnancy or future commitment
• Pressure to change your role or reduce responsibilities
• Being disciplined for pregnancy‑related sickness
• Being dismissed or made redundant because of pregnancy or maternity leave
• Protection starts as soon as your employer knows you are pregnant and continues until the end of your maternity leave. During this period, you do not need to compare yourself to colleagues, the question is simply whether the unfavourable treatment was because of your pregnancy or maternity.

You can be made redundant, but strict rules apply, and the redundancy must have nothing to do with your pregnancy or maternity leave.

Key protections include:

• You must be included in any consultation process.
• Your employer cannot select you for redundancy because you’re pregnant or on maternity leave.
• If there is a suitable alternative vacancy, you have the first right of refusal over other employees; your employer must offer it to you before anyone else.
• Any failure to consult you or consider you for suitable alternative employment may be discriminatory.

If your role is placed at risk during maternity leave, any issues with communication, consultation, or selection could amount to both unfair dismissal and maternity discrimination.

Employees have the right to reasonable support during pregnancy, particularly if symptoms affect their working day, as set out in HSE guidance. You can ask for:

• Adjustments to your duties if certain tasks become unsafe
• Temporary changes to hours or rest breaks
• Modifications to your workstation
• Time off for antenatal appointments (which must be paid)
• Sensitivity around pregnancy-related sickness, which must be recorded separately

Your employer must carry out a pregnancy risk assessment and take reasonable steps to protect your health and safety. If they refuse to make adjustments, or penalise you for requesting them, this could amount to discrimination.
If your symptoms amount to a medical condition that has a substantial and long-term impact on day-to-day activities, you may also be protected under the disability discrimination provisions of the Equality Act.