Pregnancy & Maternity Discrimination for Employers

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Pregnancy & Maternity Discrimination for Employers

Pregnancy and maternity discrimination can create significant legal and employee relations risks for employers. UK law gives strong protection to employees who are pregnant, on maternity leave or returning from maternity leave, and employers must ensure they are treated fairly throughout the employment relationship.

Common areas of risk include recruitment and promotion decisions, managing sickness absence, performance concerns, redundancy exercises, antenatal appointments and workplace comments or assumptions about pregnancy, childcare or future career plans.

In many cases, issues arise not because of deliberate discrimination, but due to a lack of manager training, poor communication, inconsistent application of policies or misunderstandings about an employer’s legal obligations. However, even unintentional discrimination can result in costly Employment Tribunal claims and reputational damage.

Our specialist employment lawyers help employers navigate these situations confidently, providing practical advice to reduce risk, ensure compliance and foster a fair and supportive workplace culture. By taking a proactive approach, employers can protect their business, support their employees and minimise the likelihood of disputes arising.

We support employers of all sizes with managing pregnancy and maternity issues confidently, fairly and in compliance with the law.  Our specialist employment lawyers provide practical, commercially focused advice to help minimise legal risk and support positive workplace outcomes.

Our services include:

  • Policies and risk assessments – Drafting and reviewing maternity, pregnancy and family-friendly policies to ensure they remain legally compliant and fit for your organisation.
  • Manager training – Practical training to help managers understand their obligations and confidently manage pregnancy and maternity-related issues.
  • Workplace advice – Guidance on sickness absence, performance concerns, grievances, flexible working requests and other sensitive employee relations matters.
  • Redundancy and restructuring support – Advising on the additional protections that apply to pregnant employees and those on maternity leave during organisational change.
  • Employment Tribunal defence – Supporting employers in responding to complaints and defending pregnancy and maternity discrimination claims.

Taking a proactive and legally compliant approach can help your organisation:

  • Reduce the risk of Employment Tribunal claims.
  • Promote consistency and fairness across the workforce.
  • Improve employee engagement and retention.
  • Protect your reputation as an employer.
  • Foster a positive and inclusive workplace culture.

Key contact

Cassie Blackledge PNG
Cassie Blackledge
Solicitor, Employment

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Cassie Blackledge
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Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

Pregnancy and maternity discrimination occurs when an employee or job applicant is treated unfavourably because they are pregnant, experiencing a pregnancy‑related illness, or on maternity leave. Common examples include:

  • Making negative assumptions about performance or attendance because of pregnancy
  • Penalising absences related to pregnancy
  • Overlooking a pregnant employee for promotion, training or opportunities
  • Dismissing or selecting an employee for redundancy because they are pregnant or on maternity leave
  • Failing to carry out a fair consultation process during maternity leave

 

Under the Equality Act 2010, protection applies from the moment the employer knows about the pregnancy until the end of maternity leave. During this period, employees do not need to compare themselves with others; the question is simply whether they have been treated unfavourably because of pregnancy or maternity.

Yes. Employers must include employees on maternity leave in any process that affects their role, including restructures, reorganisations and redundancy consultations.

Key points for employers:

  • You can contact an employee on maternity leave (sensitively and appropriately).
  • They have the right to be consulted in the same way as colleagues who are at work.
  • They must be offered any suitable alternative vacancies before others if they are at risk of redundancy (a strict legal requirement).
  • Reasonable adjustments may be needed around meeting times or format.

 

Failing to involve an employee on maternity leave in a consultation process can amount to unfavourable treatment and therefore discrimination.

You can manage genuine performance or attendance issues, but you must not take pregnancy‑related absences or symptoms into account.

This means:

  • You cannot issue warnings or take disciplinary action based on absence that relates to pregnancy.
  • Pregnancy‑related sickness must be recorded separately from other sickness absences.
  • Adjustments may be required, such as changes to duties or hours, to support the employee during pregnancy.

 

If an employer disciplines, performance‑manages, or dismisses a pregnant employee for issues linked to their pregnancy, this is likely to be unlawful discrimination.

You can still address non‑pregnancy‑related conduct or performance issues, however, you must take extra care to ensure the decision is fair, objective, and clearly unrelated to the pregnancy.

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