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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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What is direct pregnancy and maternity discrimination?

When is an employer liable for pregnancy and maternity discrimination?


Is pregnancy and maternity-related harassment prohibited under the Equality Act 2010?

The Equality Act 2010 does not specifically prohibit pregnancy and maternity-related harassment. However, a woman who is subjected to a detriment because of acts of harassment that are related to pregnancy or maternity will be able to claim direct sex discrimination under s.13 of the Act.

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Are pregnancy and maternity rights covered by the Equality Act 2010?

Where a suitably qualified employee who is about to go on maternity leave wishes to apply for an internal vacancy must she be considered for the position even though she may not be able to start the new job for a year?

Can an employer reject a pregnant job applicant on grounds such as health and safety, the applicant's initial inability to take up the post and any cost implications therein?

Can an employer reject an applicant for a maternity leave cover role on the basis that the applicant is herself pregnant and will not be able to work for the full cover period?

Where a job applicant is currently on maternity leave and would not wish to start the new role until the end of her maternity leave can the potential employer reject her application for this reason?

Can an employer postpone the promotion of an employee on maternity leave until her due return date?

Can an employer withdraw a job offer if it subsequently discovers that the successful candidate is pregnant?

If an employee whose probation period has been extended due to poor performance announces that she is pregnant will the employer be obliged to confirm her in the post?

Where an employee who lives in employer-provided accommodation becomes pregnant must the employer permit her to continue to live there after the birth?

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