Pregnancy Discrimination at Work

The Equality Act 2010 provides automatic protection for pregnant employees and those on maternity leave. Unlike other discrimination claims, you do not need to identify a male comparator to show you were treated less favourably — the treatment itself is unlawful if it is connected to pregnancy or maternity. This special protection applies throughout the "protected period" — from the beginning of pregnancy until the end of maternity leave (or return to work if earlier).

Unlawful treatment during this period includes:

• Dismissal for a reason connected to pregnancy or maternity leave
• Selection for redundancy because of pregnancy or maternity leave
• Being passed over for promotion or development opportunities because of pregnancy
• Having your pay or benefits reduced while on maternity leave (beyond what the law permits)
• Being subjected to disciplinary action for pregnancy-related sickness absence
• Facing detriment for attending antenatal appointments

Employees on maternity leave have special redundancy protections. Where a redundancy situation arises during maternity leave, the employer must offer the employee any suitable alternative vacancy that exists before making her redundant — even if other employees are also at risk and would otherwise have priority. This is a specific statutory obligation under the Maternity and Parental Leave Regulations 1999.

Failure to offer a suitable alternative vacancy to an employee on maternity leave when one exists is automatically unfair dismissal and pregnancy/maternity discrimination. This protection has been extended by the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which extends the priority for suitable alternative vacancies to cover the period of pregnancy from the point the employer is notified, and for 18 months after the baby is born (or 18 months after the expected week of childbirth if the employee does not return to work).

On returning from maternity leave, you have the right to return to the same job on the same terms and conditions. If you have taken more than 26 weeks' leave (additional maternity leave), you have the right to return to the same job or, if that is not reasonably practicable, to a suitable and appropriate alternative job on no less favourable terms.

Your employer cannot use your absence on maternity leave as a reason to treat you less favourably on your return. You must receive any pay increase that occurred during your absence, be considered for any promotion that arose, and not be disadvantaged in performance assessments that cover a period including maternity leave.

If you face adverse treatment on returning from maternity leave — including being managed out, given a lesser role, or subjected to a change in terms — this may constitute maternity discrimination. Take advice from Acas or an employment solicitor.

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended the special redundancy protections that previously applied only during maternity and adoption leave. The Act gave the government power to extend the "priority for suitable alternative vacancies" protection by secondary legislation. The relevant regulations — the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 — came into force on 6 April 2024.

Under the extended protections, an employee who is at risk of redundancy is entitled to be offered any suitable alternative vacancy before being made redundant during the following protected periods:

• From the date the employee notifies her employer of her pregnancy in writing
• During statutory maternity leave (up to 52 weeks)
• For 18 months from the first day of the expected week of childbirth (or the actual date of birth if the employer knows it)
• During adoption leave and for 18 months from the date of placement
• During a period of shared parental leave of at least six consecutive weeks (and for 18 months from the first day of the expected week of childbirth where the total SPL taken is six or more consecutive weeks)

This is a significant expansion: previously, the priority only applied during maternity or adoption leave itself. Now an employee who returns from maternity leave and is then threatened with redundancy within 18 months of the birth retains the priority for any suitable alternative vacancy. If your employer fails to offer you a suitable alternative vacancy and instead makes you redundant, this is likely to be automatically unfair dismissal and maternity discrimination.

Practically, the extended protection means that if you returned from maternity leave six months ago and your employer is now restructuring, they must offer you any suitable alternative role before confirming your redundancy — even if other employees who are not in the protected period are also at risk. A "suitable alternative vacancy" is a role that is appropriate for you in terms of skills, experience, capacity, and location. Your employer cannot simply claim there are no vacancies when suitable roles are available within the organisation. Where the employer fails to offer a vacancy that was available, this alone can make the dismissal automatically unfair regardless of whether the selection criteria were otherwise fair. Seek Acas advice or legal advice promptly — the three-month time limit applies from the effective date of termination.

The 18-month post-birth protected period also interacts with the right to request flexible working. Employees are entitled to make a flexible working request from day one of employment under the Employment Relations (Flexible Working) Act 2023. Returning from maternity leave into a redundancy situation while simultaneously needing to adjust working arrangements is a common and stressful scenario. You can exercise both sets of rights concurrently — request a flexible working arrangement for childcare reasons while simultaneously challenging any redundancy process that fails to offer you priority for suitable alternative vacancies. Keep all communications in writing. If your employer combines a redundancy consultation with pressure to accept a reduced role or lesser pay, check carefully whether those changes are being offered on terms consistent with the suitable alternative vacancy requirement or whether they amount to a separate contractual variation that you are entitled to resist. Acas and Citizens Advice both provide practical guidance on asserting these rights without legal representation, and many employment solicitors offer a free initial consultation to help you assess whether you have a viable claim.