Pregnancy and maternity discrimination

Fiona Cuming

Editor's message: Pregnancy and maternity discrimination differs from other forms of direct discrimination because it does not require the complainant to show that they have been treated less favourably than someone else. Instead, they must show that they have been treated unfavourably because of their pregnancy or maternity leave.

For example, if an employee has high absence levels due to pregnancy-related sickness, it would be unlawful for your organisation to take action under its absence policy as a result of this. There is no need for the employee to compare their treatment with that of someone who is not pregnant.

There is no provision under the Equality Act 2010 for indirect discrimination in relation to the protected characteristic of pregnancy and maternity. Many cases are connected with the refusal of part-time or job-share work for employees returning from maternity leave and these would be considered under the provisions relating to indirect sex discrimination.

Fiona Cuming, employment law editor

New and updated

Type:

Legal timetable

Enhanced redundancy protection for pregnant employees and those returning from family leave

Updated to reflect that the Regulations have been finalised.
Date:

10 January 2024

Type:

Commentary and insights

Employment law changes 2024: Progress report for HR

As we plunge into a new year, HR professionals could be forgiven for losing track of all the upcoming employment law changes and what they mean for their organisation. To assist HR with planning for 2024 and beyond, we round up the major legislative changes in the pipeline.
Type:

Employment law guide

Discrimination in recruitment and selection

Updated with information on a new section in the Equality Act 2010 about discriminatory statements, effective from 1 January 2024.
Type:

Employment law cases

High discrimination awards: Employment tribunal round-up

We look at four discrimination cases where an employment tribunal has ordered the employer to pay a large compensation award.
Type:

Employment law guide

Discrimination law: The protected characteristics

Updated to include a reference to Omooba v Michael Garrett Associates Ltd and another, in which the EAT considered if a Christian actor had been subjected to religious discrimination.
Type:

Employment law guide

Pregnancy and maternity discrimination

Updated to include a reference to the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, which have been passed by Parliament.
Date:

1 July 2022

Type:

Commentary and insights

Employment law changes 2022: Mid-year progress report for HR

As we reach the midpoint of 2022, HR professionals would be forgiven for losing track of all the live employment law proposals and what they mean for their organisation. To assist HR with planning for the rest of the year and beyond, we round up the major employment law changes in the pipeline as of mid-2022.
Type:

Employment law cases

Pregnancy and maternity discrimination: Employment tribunal round-up

We look at five recent cases in which employers have been found to have discriminated against employees who were pregnant or on maternity leave.
Date:

22 April 2022

Type:

Employment law cases

Mishandled flexible working requests: Case law round-up

We look at three successful employment tribunal claims brought over the mishandling of flexible working requests. We also examine two Employment Appeal Tribunal decisions on getting agreement from the employee to extend the three-month decision period and the requirement for a single mother to be available to work late shifts.
Date:

10 February 2022

Type:

Employment law cases

Difficult pregnancies and pregnancy loss: Employment tribunal round-up

We look at four employment tribunal cases in which the claimants successfully argued that they were discriminated against during difficult pregnancies and pregnancy loss.

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Topics

Pregnancy and maternity discrimination

New and updated

Enhanced redundancy protection for pregnant employees and those returning from family leave

Employment law changes 2024: Progress report for HR

Discrimination in recruitment and selection

High discrimination awards: Employment tribunal round-up

Discrimination law: The protected characteristics

Pregnancy and maternity discrimination

Employment law changes 2022: Mid-year progress report for HR

Pregnancy and maternity discrimination: Employment tribunal round-up

Mishandled flexible working requests: Case law round-up

Difficult pregnancies and pregnancy loss: Employment tribunal round-up

About this topic

Pregnancy and maternity discrimination: key resources

Employment law guide: Pregnancy and maternity discrimination

What is direct pregnancy and maternity discrimination?

Where an employee who is about to go on maternity leave applies for an internal vacancy, must the employer consider them for the position?

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