Pregnancy Discrimination.

Pregnancy discrimination at work occurs when someone is treated unfavourably because they are pregnant or because of a pregnancy-related illness during the legally protected period. It can occur in recruitment, during employment, as a result of a one-off decision or through repeated conduct.

You do not usually need to identify a colleague who was treated better to establish pregnancy and maternity discrimination under the specific Equality Act provisions. The reason for the treatment and what the employer knew, or ought reasonably to have known, are important. Other employment rights, including health and safety duties and protection from detriment, may also apply.

There is no general obligation to disclose pregnancy as soon as you find out, and applicants do not have to tell an employer at interview. Certain rights, arrangements and notices, including maternity leave and workplace safety measures, do require communication at the relevant stage. The dates and form of notification may therefore be important.

For discrimination law, whether the employer knew or could reasonably have known about the pregnancy can affect the claim. If you suspect you are being treated differently after telling someone at work, keep a record of when you disclosed the information and to whom.

An employer must not refuse to employ, interview, shortlist or promote someone because of pregnancy. Nor should it use assumptions about future maternity leave, childcare or availability as a reason to disadvantage an applicant. The employer may still assess all candidates against legitimate job requirements.

If an offer is withdrawn, ask for the reason in writing and preserve the job advert, interview notes, messages and the sequence of events. A discrimination claim may be possible even if the applicant was never employed by the organisation. Our employment team can assess the evidence and possible remedies.

Pregnancy-related illness requires particular care. An employer should not treat it as ordinary sickness in a way that results in unlawful disadvantage because of pregnancy. That might include using the absence to trigger attendance warnings or refusing development opportunities for reasons connected to pregnancy-related illness.

Keep medical notes, absence records, correspondence and the relevant sickness policy. Different legal protections may apply depending on when the illness occurred and the employer’s response. If a disciplinary or capability process starts, the circumstances should be reviewed before you agree with the allegations.

Pregnant employees generally have a right to reasonable paid time off for antenatal care on the applicable statutory terms, including certain recommended classes or appointments. Employers can ask for evidence of appointments in some circumstances, but they should not impose requirements that undermine the right.

Where an employer refuses time off, requires you to make up hours or treats appointments as misconduct, the precise facts matter. Preserve appointment details and the employer’s communications. We can advise whether the issue is a statutory-rights dispute, discrimination, or both.

Employers must assess relevant workplace risks for pregnant workers and take appropriate protective measures when a risk has been identified and the legal requirements are met. Depending on the circumstances, this may involve changing conditions or hours, offering suitable alternative work or suspension on the relevant terms.

The right response depends on the job, the actual risk and what practical alternatives exist. An employer should not simply remove work, reduce pay or dismiss someone because pregnancy makes ordinary arrangements inconvenient. We can help review the evidence and the employer’s proposed measures.

A genuine redundancy situation can occur during pregnancy, but pregnancy must not be used as a reason for selection. Qualifying pregnant employees also have enhanced rights concerning suitable alternative vacancies, which can continue after birth. Those rights do not guarantee that an existing role can never be removed.

If you are at risk, request the selection criteria, consultation papers and information on any alternative vacancies. Our redundancy solicitors can help assess whether the process complies with the applicable protections and whether a proposed settlement should be negotiated.

Pregnancy is not a lawful reason to dismiss someone, including during a probationary period or before they have acquired the ordinary qualifying service for an unfair dismissal claim. Dismissal because of pregnancy may amount to discrimination and automatically unfair dismissal. However, an employer can still make a lawful decision for a genuine unrelated reason.

Timing alone does not prove discrimination, but it can be relevant alongside earlier appraisals, emails and explanations. We can review the decision and advise on unfair dismissal and any other available claims.

Pregnancy loss can have significant physical and emotional consequences and may engage several different workplace rights. Specific pregnancy and maternity discrimination protections may continue for a period after pregnancy ends; other rights may arise from sickness, disability, sex discrimination or statutory leave, depending on the circumstances.

An employer should not penalise someone because of pregnancy-related illness falling within the protected legal period. Record the dates, medical evidence where relevant and any changes to how you were treated. New statutory bereavement rights related to pregnancy loss are scheduled for April 2027, but should not be presented as already in force.

Start by preserving relevant records, such as the pregnancy notification, rota changes, attendance entries, appraisal history and correspondence. Depending on what has happened, an informal resolution or formal grievance may be appropriate. A solicitor can assess whether a negotiated solution is realistic or whether proceedings should be considered.

For many tribunal claims arising on or after 1 October 2026, the usual limit is six months less one day from the relevant act, subject to the claim type and early conciliation rules. An internal grievance does not itself stop time. Our Employment Tribunal solicitors can assess the applicable deadline promptly.