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Pregnancy Discrimination

Pregnancy Discrimination Claims

If you are pregnant and trying to juggle your career responsibilities before you take time off for a career break to care for your baby you’ll have enough on your hands, without being treated differently.

However, if you are treated any differently because you are pregnant you could be facing discrimination. It is unlawful to discriminate against someone at work because they are pregnant.

Therefore, there's no reason for you to sit back and accept this, you have employment rights on your side and our pregnancy discrimination solicitors can help you enforce them. For more information, get a free case evaluation from our expert legal assessment team today.

What is pregnancy and maternity discrimination?

You should not be discriminated against because you are pregnant. Your rights are protected under law. These are governed by The Equality Act 2010. 

Employers cannot discriminate against a pregnant person, or someone they’re considering employing because of:

• Pregnancy

• An illness related to their pregnancy, time off maternity leave, or leave they intend to take

This legislation applies irrespective of how long someone has been employed.

It applies to:

• Anyone with the employment status employee or worker

• some self-employed people if someone has to do work personally, you may need legal advice if you’re self-employed.

Discrimination can include:

• Being dismissed after telling your employer you’re pregnant

• Not offering a qualified pregnant person a job

• Changing someone’s pay or terms of employment because they are pregnant

• Making a pregnant person work on their maternity leave

• Preventing a mother from returning to work because they’re breastfeeding

The Acas guide to pregnancy and maternity discrimination is a really helpful resource with much more information.

You can make a claim to an employment tribunal if you believe you have been discriminated against because of pregnancy and maternity.

What doesn’t count as pregnancy and maternity discrimination?

In some cases what you might consider discriminatory is permitted under the law. 

This includes a trader or service provider refusing to provide you with a service, or treating you differently because you’re pregnant. But, they can only do this if there are legitimate health and safety reasons in the interest of protecting you and your baby.

The service provider must ‘reasonably’ believe that your health would be risked if you used the service. However, refusing to allow you to use a service is only legal if they would also refuse to serve someone with health conditions, like a back or heart condition, to not compromise their health.

You know those yellow warning signs with the image of a pregnant person and a line through them? The kind that you would see next to a rollercoaster ride? This is one example where a service provider has a legitimate health and safety reason for not serving someone who is pregnant.

What does unfavourable treatment mean?

Under the law unfavourable treatment means someone has suffered a disadvantage or detriment.

Detriment is an old-fashioned legal word it simply means something causing harm or damage. Under equality legislation, if you are disadvantaged, or something is made harder specifically for you, you could have experienced a disadvantage or detriment under the law.

Fortunately, in pregnancy discrimination law you do not necessarily have to show that you were treated differently to others. It is usually enough to demonstrate that you have been treated unfavourably.

Some common forms of unfavourable treatment include:

• Demotion

• Not considering you for promotion

• Refusing to offer you a pay rise or bonus

• Dismissal

• Excluding you

• Not crediting you

• Not mitigating health and safety risks

• Refusing training and development opportunities

• Not giving you time off to attend antenatal appointments

• Changing your job responsibilities, unless you agree, or it is for health and safety reasons.

Pregnancy and maternity discrimination at work

Under the Equality Act 2010, it is unlawful to treat someone unfavourably because they are pregnant, have an illness related to their pregnancy, have just given birth are breastfeeding or seeking maternity leave.

What rights do pregnant employees have?

Pregnant employees have 4 main legal rights:

• Paid time off for antenatal care

• Maternity leave

• Maternity pay or maternity allowance

• Protection against unfair treatment, discrimination or dismissal

Pregnant workers are entitled to 52 weeks' maternity leave. These rights begin from day one of employment.

Pregnant employees do not have to take all their statutory leave if they don’t want to – yet they must take the first two weeks after birth. This is referred to as compulsory maternity leave.

Anyone working in a factory must take the first 4 weeks after pregnancy off work. Employers must not discourage employees from taking all their maternity leave, this is unlawful.

Your rights are enforced under the law during the protected period. This lasts from the point in time that you became pregnant until:

• Your maternity leave ends

• You return to work

• You leave their job

Treating someone unfavourably out of the protected period can still be considered discrimination when it relates to their pregnancy or maternity. 

When an employer wants to dismiss someone who is pregnant, they must give their reasons in writing.

However, employers have rights related to pregnancy too. Once a maternity leave start date has been agreed upon, employees must give 28 days' notice when they want to change their maternity leave start date. When notice is shorter the new date must be agreed by both parties.

Health and safety at work for pregnant people

When an employee tells their employer they’re pregnant, the employer should assess the risks to the employee and their baby.

Risks could be caused by:

• Heavy lifting or carrying

• Standing or sitting for long periods without adequate breaks

• Exposure to toxic substances

• Long working hours

Where there are risks, the employer should take reasonable steps to remove them. For example, offering the employee different work or changing their hours.

The employer should suspend the employee on full pay if they cannot remove any risks. For example, offering suitable alternative work.

For full details about the regulations see the Health and Safety Executive website.

Pregnant employees who think they’re at risk but their employer disagrees should talk to their health and safety or trade union representative. If your employer still refuses to do anything, talk to your doctor or contact the Health and Safety Executive.

What should I do if I am dismissed while pregnant?

As mentioned, if you are dismissed while pregnant or on maternity leave your employer must present their reasoning in writing.

If your dismissal is directly linked to your pregnancy, you can make a claim to an employment tribunal for unfair dismissal and discrimination. 

When you are dismissed during maternity leave you can enforce your rights to Statutory Maternity Pay or Maternity Allowance for the entire maternity period, or until you find a new job. 

Employers should take note again that dismissing someone because they’re pregnant is against the law and unethical. If you feel you have been unfairly dismissed because you're pregnant, contact our legal assessment team today for a free case evaluation to see if you could make a pregnancy discrimination claim.

Our expert network of employment law solicitors is on hand to help you get the compensation you deserve.

Can pregnancy and maternity discrimination only happen at work?

We’ve referred to discrimination outside of work being legal when a vendor refuses service to a pregnant person on health and safety grounds.

The Equality Act sets out the following scenarios in which someone who is pregnant or has given birth should not be discriminated against outside work:

• You must not be discriminated against by being treated unfavourably because of pregnancy

• You must not be discriminated against by being treated unfavourably because you have given birth in the previous 26 weeks

• You must not be treated unfavourably when you are breast-feeding

• If you have a stillbirth after 24 weeks of pregnancy, you are protected from discrimination for 26 weeks after the stillbirth

Unfortunately, breastfeeding mothers are discriminated against too often. If you are asked to stop breastfeeding, to cover up, refused service or asked to leave you may have been discriminated against.

It’s worth knowing that a business such as a café cannot discriminate against a mother breastfeeding a baby of any age.

Do I have to tell my employer that I am pregnant?

Yes, a soon-to-be parent must tell their employer that they are pregnant at least 15 weeks before the week that the baby is due.

When this is not possible because the pregnancy has not been identified, you must tell your employer as soon as you know.

You also need to tell your employer when you want to start your Statutory Maternity Leave and when you want to receive your Statutory Maternity Pay.

Remember that you will not be able to take time off work for antenatal appointments until you have informed your employer that you are pregnant.

Can I claim pregnancy discrimination if I am made redundant while pregnant or on maternity leave?

An employer may need to make a role redundant during maternity leave, this is possible, but they must ensure the process is fair – that the redundancy is necessary – and ensure redundancy criteria is not discriminatory. They must also keep in touch with the employee at each stage of the process and be prepared to offer them alternative work.

You may be able to claim pregnancy discrimination if you have been selected for redundancy because you are pregnant or on maternity. Being dismissed while pregnant or on leave would be considered unfair dismissal and unlawful discrimination. 

Can I take time off for antenatal appointments?

Pregnant workers are entitled to time off with full pay to attend antenatal appointments, including travel time. There are no limits to the number of appointments you can attend as long as you inform your employer that you are pregnant.

Antenatal appointments include:

• Pregnancy health classes

• Medical appointments 

• Fitness or well-being sessions

Under pregnant employees’ rights, all pregnant employees are entitled to unlimited antenatal appointments. The law says pregnant workers can take off a reasonable amount of time. On average for a first baby, a pregnant employee will need 10 antenatal appointments.

Partners that are employees are entitled to unpaid time off for up to two antenatal appointments.

Sick leave and pregnancy

Pregnant employees have the same rights to sick leave as other employees in the UK. If you need to take sick leave when pregnant you should follow the same sickness procedures that other employees have to follow under your employer’s sickness and absence policy.

Your employer will record any pregnancy-related sick leave differently from regular sick leave, this means pregnancy-related leave for sickness is not counted as absence and cannot disadvantage you through disciplinary action, dismissal or redundancy.

If your employer usually pays you sick pay, you’re entitled to it when you take pregnancy sick leave.

If your contract does not include sick pay, you may be entitled to Statutory Sick Pay (SSP). If your employer refuses to pay either you may be able to claim for unauthorised deduction of wages.

Maternity leave and Statutory Maternity Pay are triggered when a pregnant worker is off work for a pregnancy-related illness in the four weeks leading up to the due date, despite previous agreements.

How to deal with pregnancy and maternity discrimination

In the first instance, as with any form of discrimination, you should speak with your line manager or HR department. If you are a member of a union you may want to seek advice from your local representative. 

If a manager is unable to resolve the issue you should write to your employer listing your complaints. 

In the last resort if nothing has been done you can write a formal complaint to your employer via their grievance procedure.

When your employer refuses to engage with you, your only option may be to make a claim for compensation. If you were discriminated against, for instance, you may be able to claim compensation for ‘injury to feelings’. Typical compensation packages will also include any loss you have suffered as a result of discrimination, such as loss of earnings and loss of pension.

You should consider seeking legal support as soon as you start thinking about taking legal action against your employer through an employment tribunal. Your chances of claiming successfully, and the amount you can claim will increase when you are represented by an experienced pregnancy discrimination solicitor.

Get in touch with Lawhive’s employment solicitors

Our network of employment law solicitors is ready to fight your corner by bringing their expertise to your case. We understand how tough it can be to deal with workplace discrimination when you’re pregnant and planning for your child’s future.

We’ve supported many pregnant workers in advocating for their rights with their employers.

Get in touch with us today for a free case assessment with no obligation.