Maternity Discrimination
What is maternity discrimination? Understand your protection from unfair treatment during pregnancy and maternity leave.
Last updated: 30 January 2025
Maternity discrimination protections are among the strongest employment rights, ensuring fair treatment during pregnancy and maternity leave.
What Is Maternity Discrimination?
Legal Definition
Under the Equality Act 2010:
| Type | Protection |
|---|---|
| Direct discrimination | Unfavourable treatment because of pregnancy |
| No comparator needed | Automatic protection |
| Protected period | Pregnancy to end of maternity leave |
The Protected Period
| Starts | Ends |
|---|---|
| When pregnant | End of maternity leave |
| Or when employer learns | Or 2 weeks after birth (if no leave) |
What's Protected
| Category | Examples |
|---|---|
| Pregnancy | Being pregnant |
| Illness | Pregnancy-related sickness |
| Maternity leave | Taking leave |
| Breastfeeding | After return |
Types of Discrimination
Direct Pregnancy Discrimination
| Situation | Unlawful |
|---|---|
| Not hired | Because pregnant |
| Dismissed | For pregnancy |
| Passed over | For being on leave |
| Comments | About pregnancy |
Unfavourable Treatment
| Treatment | Example |
|---|---|
| Job changes | Demoted on return |
| Pay | Missing bonus |
| Training | Excluded while pregnant |
| Projects | Not given opportunities |
Harassment
| Behaviour | Unlawful |
|---|---|
| Offensive comments | About pregnancy/leave |
| Unwanted conduct | Related to pregnancy |
| Hostile environment | Because of maternity |
Common Examples
Recruitment
| Discrimination | Example |
|---|---|
| Interview questions | "Are you planning children?" |
| Withdrawal of offer | On learning of pregnancy |
| Not shortlisting | Because might be pregnant |
During Employment
| Discrimination | Example |
|---|---|
| Denied promotion | "You'll be on leave" |
| Worse assignments | Because pregnant |
| Risk assessment failure | Not protecting health |
| Comments | "Pregnancy brain" |
Redundancy
| Discrimination | Example |
|---|---|
| Selection criteria | Disadvantage maternity leavers |
| Not offering alternatives | When others offered |
| Timing | Announced during leave |
On Return
| Discrimination | Example |
|---|---|
| Job not available | Given to someone else |
| Worse terms | Pay cut |
| Different role | Without consent |
| Hostile treatment | For having been away |
Your Rights
Key Protections
| Right | Detail |
|---|---|
| Job security | Cannot dismiss for pregnancy |
| Same job | Return after leave |
| Same pay | No reduction |
| No detriment | For taking leave |
Health and Safety
| Employer Must | Action |
|---|---|
| Risk assess | For pregnant workers |
| Remove risks | Where possible |
| Offer alternatives | If risks remain |
| Suspend on full pay | If no alternative |
Priority in Redundancy
| During Leave | Protection |
|---|---|
| Suitable alternatives | Offered first |
| Before others | Priority right |
| Fair selection | Cannot disadvantage |
Making a Claim
Time Limits
| Deadline | When |
|---|---|
| ACAS notification | 3 months less 1 day |
| From act | Or last in series |
| Ongoing conduct | May extend |
Evidence
| Gather | Examples |
|---|---|
| Documents | Emails, letters |
| Comparators | How others treated |
| Timeline | Of events |
| Witnesses | Who saw what |
Tribunal Process
| Stage | What Happens |
|---|---|
| ACAS conciliation | Mandatory first step |
| Claim form (ET1) | Submit to tribunal |
| Response | Employer replies |
| Hearing | Present case |
Burden of Proof
Shifting Burden
| Stage | Requirement |
|---|---|
| Employee shows | Facts suggesting discrimination |
| Burden shifts | To employer |
| Employer proves | Non-discriminatory reason |
| If can't | Tribunal assumes discrimination |
What Employee Needs
| Show | Example |
|---|---|
| Less favourable treatment | Compared to expectation |
| During protected period | Pregnancy/maternity |
| Facts suggesting link | Timing, comments |
Compensation
Award Components
| Element | Range |
|---|---|
| Injury to feelings | £1,100 - £56,200 |
| Financial loss | Past and future |
| Aggravated damages | If conduct bad |
| Interest | On all elements |
Injury to Feelings Bands
| Band | Award | Used For |
|---|---|---|
| Lower | £1,100 - £11,200 | Less serious cases |
| Middle | £11,200 - £33,700 | Serious cases |
| Upper | £33,700 - £56,200 | Most serious |
Financial Losses
| Loss | Included |
|---|---|
| Lost earnings | If dismissed |
| Lost benefits | Pension, etc. |
| Future loss | Career damage |
| Expenses | Job search, etc. |
No Cap
Unlike unfair dismissal:
- No maximum compensation
- Can be very substantial
- Reflects actual loss
If You Experience Discrimination
Immediate Steps
| Action | Why |
|---|---|
| Document | Record everything |
| Raise concern | Grievance if appropriate |
| Get advice | Early help |
| Know deadlines | Time limits apply |
What to Record
| Information | Detail |
|---|---|
| Dates | When things happened |
| What was said/done | Exact words if possible |
| Who was involved | Names, roles |
| Witnesses | Who saw |
| Impact | How it affected you |
Internal Process
| Option | When |
|---|---|
| Raise informally | First step |
| Formal grievance | If informal fails |
| Appeal | If grievance rejected |
Preventing Discrimination
Employer Obligations
| Duty | Action |
|---|---|
| Policy | Clear anti-discrimination |
| Training | Managers understand |
| Risk assessment | For pregnant workers |
| Fair process | In all decisions |
Warning Signs
| Red Flag | Concern |
|---|---|
| Questions about children | Recruitment discrimination |
| Comments about pregnancy | Harassment |
| Changes to role | Unfavourable treatment |
| Exclusion from meetings | Detriment |
Support and Advice
Getting Help
| Organisation | Support |
|---|---|
| Maternity Action | Specialist charity |
| ACAS | Free advice |
| Citizens Advice | General guidance |
| Trade union | If member |
| Solicitor | Legal advice |
Useful Resources
| Resource | Information |
|---|---|
| EHRC guidance | Pregnancy and maternity |
| Gov.uk | Your rights |
| Maternity Action | Factsheets |
Related answers
Dismissal During Pregnancy and Maternity Leave
Special protection against dismissal during pregnancy and maternity leave. Know your rights and what employers cannot do.
Maternity Rights Overview
Complete guide to maternity rights in the UK. Understand leave entitlement, pay, job protection, and key dates for pregnant employees.
Employment Tribunal Claims: Employer's Guide
What to do when an employee makes a tribunal claim. Understand the process, time limits, costs, and how to defend claims or settle through ACAS.
Frequently Asked Questions
- What is maternity discrimination?
- Maternity discrimination is unfavourable treatment because of pregnancy, childbirth, maternity leave, or breastfeeding. It's automatically direct discrimination - you don't need to compare yourself to others. It's unlawful from day one of employment.
- What examples count as maternity discrimination?
- Examples include: not hiring because you're pregnant, redundancy selection influenced by maternity leave, denying training or promotion, negative comments, failure to carry out risk assessments, and not offering suitable alternative work during pregnancy.
- How much compensation for maternity discrimination?
- Compensation is uncapped and includes: financial losses (past and future), injury to feelings (typically £1,100-£56,200), and potentially aggravated damages. High awards are common because courts take pregnancy discrimination seriously.