The Equality Act 2010 states that you cannot be discriminated against because of pregnancy or maternity. If you believe that you've been treated unfairly in the workplace due to planning to start a family, becoming pregnant, having a baby, taking maternity leave, because of any pregnancy related illness or if you have had a miscarriage, talk to one of our friendly employment law solicitors today.
The Equality Act 2010 makes it unlawful for any employer to discriminate against an employee because they become pregnant, or when they wish to return to work as a mother. Unfortunately, women are frequently treated unfairly by employers due to pregnancy and maternity issues.
We've represented a great many women who've been sidelined at work after telling their employer they're pregnant, and in some cases have been selected for redundancy after becoming pregnant or have returned to work to find they've been placed in an inferior role.
If you've been treated unfairly by an employer because of your pregnancy or maternity, our sympathetic and experienced employment solicitors are here to talk to you and advise you of your rights.
Pregnancy or maternity discrimination can look different in every case, and all types are unlawful. Typically, cases fall into four broad categories, each of which presents its own challenges:
Direct discrimination: this refers to unfair treatment as a direct result of your pregnancy or maternity leave; for example, you may be passed over for a promotion you were promised because you are pregnant
Indirect discrimination: this occurs when rules or procedures put you at a disadvantage due to your pregnancy or maternity leave; for example, being ineligible for a salary review if you’re on maternity leave
Victimisation: this refers to unfair or negative treatment because you made a compliant about pregnancy or maternity leave discrimination. It can also be the case if you’ve been victimised because you supported someone in making a complaint.
Harassment: this occurs when you are bullied, intimidated, degraded or humiliated because you are pregnant. This could include name-calling, or physically intimidating acts.
What are my pregnancy rights?
It's your responsibility to tell your employer that you're pregnant at least 15 weeks before your baby is due. This helps them to plan around your absence and arrange maternity cover where necessary.
Once you've done this, you're fully protected by the Equality Act 2010, which states that you must not be discriminated against in any way due to pregnancy or maternity. In the first instance, your employer should carry out a Health & Safety risk assessment, particularly if your job involves anything that might harm your health or the health of your baby. They should also be aware that you have a right not to be:
Treated detrimentally to other employees in terms of things like promotion or training opportunities
Made redundant or dismissed because of your pregnancy or maternity leave
All employees are entitled to reasonable paid time off for antenatal appointments while pregnant. In addition to these rights, if you've been with the same employer for at least 26 weeks before notifying your employer of your pregnancy, and earn at least £102 a week on average, you're entitled to statutory paid maternity leave of 26 weeks and up to 26 weeks of additional maternity leave.
You also have a right to expect that your job will be waiting for you when you return from maternity leave, and that your employer will at least consider the option of offering you flexible working to help you with childcare arrangements once you return to work.
If you believe you've been unfairly discriminated against in the workplace on account of pregnancy or maternity, speak to one of our experienced solicitors about seeking redress today. Call us on 0330 041 5869 or contact us online and we’ll call you back at a time that suits you.
Why choose Slater and Gordon’s pregnancy and maternity discrimination solicitors?
No one should be made to feel uncomfortable or treated unfairly because of pregnancy or maternity leave. Pregnancy and maternity discrimination can be incredibly troubling, causing difficulties not only at work, but with your health and well-being too. It is therefore critical that if you’re experiencing discrimination at work, you speak to a specialist solicitor who can help work with you to set things right.
Our friendly and compassionate employment team have an outstanding track record of success in handling pregnancy and maternity discrimination cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.
If you believe you've been unfairly discriminated against, victimised or harassed on the grounds of pregnancy or maternity leave, it's time to speak to one of our experienced solicitors.
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you!
V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue.
D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service.
H L (employment case)
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Frequently asked questions about pregnancy and maternity discrimination
Can I lose my job if I’m on maternity leave?
You have a right to expect that your job will still be yours when your maternity leave ends. If your employer terminates your employment without just reason, you could be able to make a claim.
However, there are circumstances where your employer may be able to reasonably terminate your employment. For example, your employer is making redundancies and the team you work in were all made redundant while only you were pregnant, that might not be regarded as discriminatory. However, if you were the only one to be made redundant, you might well have a case for discrimination. In this scenario, if there was an alternative role available, your employer may have to show preference to you above your colleagues.
How do I make a claim for pregnancy or maternity discrimination in the workplace?
Pregnancy and maternity discrimination at work are unacceptable. If you have made attempts to resolve the matter informally with your manager, boss or HR team and haven’t received the support you needed, you may be able to take your employer to an employment tribunal.
Speak to a member of our team on 0330 041 5869 or get in touch online and request a call back at a time that suits you.
Is there a time limit for making a claim for pregnancy or maternity discrimination?
The deadline for making a claim for discrimination is quite tight – you only have three months, minus one day, from the last act of discrimination to submit a complaint to an employment tribunal.
We strongly advise that, if you’re the victim of discrimination at work, you contact a specialist solicitor as soon as possible to discuss how we can support you. Call us on 0330 041 5869 or get in touch online.
What compensation can I claim for pregnancy or maternity discrimination in the workplace?
If an employment tribunal rules that you’ve been discriminated against, they can order your employer to pay you compensation for any financial losses you’ve suffered because of the discrimination, as well as:
Injury to feelings (the harm or distress you have suffered)
Aggravated damages (this is compensation for any notably bad behaviour from your employer)
Any personal injury, whether physical or mental, caused by the discrimination
I am very happy with the service provided which was professional, quick and efficient. I would certainly recommend Slater and Gordon Lawyers should any chance arise. Huge thank you! V K (employment case)
The Manchester Office has been very professional, helpful and prompt when dealing with a settlement agreement regarding my voluntary redundancy. I would have no hesitation in recommending Slater and Gordon for any employment law issue. D M (employment case)
I would 100% recommend Slater and Gordon if you need any help in employment law. They offer an incredible service. H L (employment case)