Pregnancy and maternity discrimination at work

Pregnancy and maternity are protected characteristics under the Equality Act 2010.  

Under the act, it is unlawful for employers to discriminate against someone they employ, or are considering employing because of their pregnancy, pregnancy-related illness (including related time off for sickness or antenatal care), maternity pay, or leave.  

It is also unlawful to be mistreated by colleagues at work because you are pregnant or on maternity leave. 

You are protected against pregnancy and maternity discrimination for 26 weeks after the date you gave birth. If you are discriminated against after this time limit, you can still be discriminated against for being pregnant or on maternity leave, but it would be classed as sex discrimination. 

If you miscarry, you are protected against pregnancy and maternity discrimination if you were pregnant for 24 weeks or longer. 

In certain situations, it may be lawful to discriminate against someone who is pregnant or on maternity leave, if there is a health or safety risk involved. For this to be lawful, your employer must reasonably believe there is a risk to your health and safety due to you being pregnant. In these instances, your employer must also prove that they would treat anyone else with a physical condition the same. 

It is vital to understand the different types of pregnancy and maternity discrimination so that you know what your rights are under the Equality Act 2010. They are as follows: 

• Direct discrimination – When you are treated less favourably because you are pregnant/on maternity leave, you are associated with someone who is pregnant/on maternity leave, or when someone thinks you are pregnant. 
• Indirect discrimination – When a practice, policy or rule applies to everyone, but puts women who are pregnant or on maternity leave at a disadvantage.  
• Harassment – When you experience unwanted behaviour because you are pregnant or on maternity leave that either violates your dignity or has created a hostile work environment. 
• Victimisation – When you are treated differently or less favourably because you are involved with a pregnancy and maternity discrimination or harassment complaint. 

Your employer has a responsibility to protect employees, workers, contractors, the self-employed and job applicants from pregnancy and maternity discrimination and they must take steps to prevent it from happening. 

Your employer is also responsible for the wellbeing of their employees. If an employer is unsupportive of an employee who experiences discrimination at work because they are pregnant, or are on maternity leave, they could be in breach of their employment contract, and could even face charges for constructive dismissal. 

Employers also have a duty of care to ensure that employees aren’t disadvantaged at work because they are pregnant, or on maternity leave. 

Employers should take any complaints of pregnancy and maternity discrimination and any following investigations seriously. 

Pregnancy and maternity discrimination can occur in person or online via email, social media, or messaging apps. 

This can occur as a one-off incident, or regularly. This can take on many forms, ranging from obvious discrimination to less obvious interactions. The following can constitute:  

• Making inappropriate comments about someone being pregnant/on maternity leave 
• Telling jokes which are offensive to pregnant women/women on maternity leave 
• Giving people who aren’t pregnant/on maternity leave unfair advantage 
• Viewing women who are pregnant/on maternity leave as inferior 
• Bullying someone because they are pregnant/on maternity leave 
• Hiring an employee over another because they aren’t pregnant 
• Refusing to hire women who are pregnant 
• Enacting workplace policies that unfairly disadvantage women who are pregnant/on maternity leave 
• Refusing to promote someone because they are pregnant/on maternity leave 
• Making a worker redundant because they are pregnant/on maternity leave 

It is important to remember that even if the perpetrator of the discrimination considers their behaviour to be in good faith, or as a joke, it is still classified as pregnancy and maternity discrimination if their behaviour is: 

• Of a discriminatory nature 
• Unwanted 
• Violating yours or someone else’s dignity or creates an intimidating or degrading environment at work 

Discrimination typically directed at an individual or group of individuals, but some workplaces can normalise a culture of pregnancy and maternity discrimination e.g., discriminatory inappropriate “banter” between colleagues. Remember, you are not alone, and can still make a complaint of discrimination in this situation and we’ll be there to support you. 

If you are the target of pregnancy and maternity discrimination at work, we recommend you do the following: 

• Speak to your union (us!) or your union rep immediately for support. 
• Make a complaint to your employer (remember, it is their legal duty to protect your wellbeing at work). 
• Keep a note of any instances of discrimination, including dates/times or witnesses. 
• Speak up – don’t be afraid to challenge prejudice and confront discrimination at work if you feel safe to do so. 

We would first advise that you speak with your trade union rep to receive support when making a formal complaint about being the victim of pregnancy and maternity discrimination at work. 

Your employer may have policy which covers harassment, bullying and discrimination in the workplace, so you should follow that procedure to raise a grievance. 

This should be in the same place your workplace houses all your workplace policy on discrimination. 

This should be somewhere easily accessible such as a staff handbook or company intranet. 

It should outline how your employer deals with discrimination complaints and who to send your complaint to.  

Your line manager or HR department should be able to provide you with a copy 

If you have been the victim of pregnancy and maternity discrimination, raised a formal grievance or the problem has not been resolved, you can make a claim to an employment tribunal. You should inform Community immediately if you intend to do this as our legal team may be able to provide advice and support you through this process.     

If you witness pregnancy and maternity discrimination at work, we will always recommend that if you feel safe to do so, speak out against it. 

No one should feel afraid to confront discrimination in the workplace and by speaking out, you may also encourage other employees, and your employer to contribute to a more inclusive work environment. 

If you do not feel safe to do so, please speak to us and we will support you to raise this safely. 

• Following an incident of pregnancy and maternity discrimination, you may also want to consider:   
• Supporting any complaints made by the victim. 
• Reporting the incident to your trade union rep and/or employer. 
• Making a discrimination complaint yourself if the incident has created an intimidating or degrading environment at work. 
• Keeping a note of any instances of discrimination, including dates/times or witnesses. 
• Talking to the victim to see if they want your support. 
• Becoming a Community Equalities Rep and help us fight against discrimination across the UK.