This factsheet explains the types of discrimination claims that may be available to you if you are treated unfavourably for reasons related to being pregnant or taking maternity leave. The below information is correct as of January 1st 2025 and was kindly drafted by The Chester Community Law Project from The University of Chester’s School of Law and Social Justice Department for Pregnant Then Screwed.
FACT: Protection from discrimination is available from day one in your job.
Possible grounds for discrimination:
There are several grounds for discrimination, but those most relevant to you are likely to be:
Pregnancy and maternity discrimination:
– If your employer treats you unfavourably because you are pregnant, or because you have a pregnancy-related illness, you may be able to claim pregnancy discrimination.
– If you are an employee, you are protected from pregnancy discrimination throughout your pregnancy until you return to work from maternity leave.
– Those who are not entitled to maternity leave (for example, someone who is not an employee within the meaning of the ERA 1996) are protected from pregnancy discrimination for two weeks from the date the baby is born (this is called the ‘protected period’).
TIP: In most cases, your employer will need to be aware of the pregnancy for this type of claim to succeed. We recommend you tell your line manager and anybody else who should be aware (e.g. HR) in writing, so you have a clear record of who you told and when.
Sex discrimination:
– If you are treated unfavourably after the protected period for pregnancy/maternity discrimination, you may be able to claim sex discrimination.
– This is where you are discriminated against because you are a woman.
Possible discrimination claims that may be relevant:
Direct discrimination
This is where you are treated badly because of your pregnancy or maternity leave, or because you are a woman. An example of this is you are dismissed because you are pregnant OR you are given fewer shifts because you have been on maternity leave OR you are not given a job because the recruiter thinks you might have a baby and disrupt their business.
Indirect discrimination
This is where your employer applies a rule or policy to everyone, which disadvantages a group of people (in this case that group would be women) who share a protected characteristic (in this case that is sex); you are disadvantaged as part of this group; and your employer can’t justify the rule or policy. An example of this is your employer will not allow managers to work part-time and cannot show that there is a pressing business need for this rule to be in place and/or they cannot achieve the same result with a different (less disadvantageous) approach. Given it is still mostly women who take on the role of the main child carer, such a policy of not allowing part-time working for managers would unfairly disadvantage women over men.
Harassment
This is where you are treated in a way that violates your dignity, or creates a hostile, degrading, humiliating or offensive environment. An example of this is your manager gives you the ‘cold shoulder’ once they discover you are pregnant.
Victimisation
This is where you are treated badly because you have made a complaint about discrimination or have supported someone else in their discrimination complaint. An example of this is you are demoted because you complained that you had not been given a pay rise due to having been on maternity leave.
TIP: If you think you have been discriminated against, you should seek legal advice as soon as possible. If you wait until after your maternity leave to raise issues that arose during your pregnancy, it may then be too late to bring your complaint to the Employment Tribunal (generally, you need to bring a claim within three months less one day of the act you are complaining of).
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