Pregnancy & maternity discrimination

Discrimination at work

In an employment context the protection afforded by the law to pregnant women extends to protection from less favourable treatment because of pregnancy related illness, (such as morning sickness), by an employer.

Further this also extends to the protection from less favourable treatment by employers due to a woman asserting her right to maternity leave or because she is breast feeding during the maternity period.

When faced with a pregnant employee, an employer must not demote or dismiss an employee, or deny her training or promotion opportunities because she is pregnant or on maternity leave and must not take into account an employee’s period of absence during a pregnancy related illness when making a decision about her employment.

Wider discrimination

In the wider context, protection against pregnancy discrimination is afforded to women in the course of their day to day lives as consumers and service users.

Maternity discrimination is also prohibited and can take place during the 26 weeks after giving birth. Such discrimination can also include the less favourable treatment of a woman within this period because she is breast feeding.

Pregnancy and maternity discrimination is a separate claim to that of sex discrimination and is defined under it’s own section of the Equality Act (s.18).

An employer, public body, service provider or association can be held accountable for the conduct of their employees which gives rise to claims against these businesses or organisations.

If you believe that you have been the victim of discrimination due to your pregnancy and/or maternity and would like to speak to a member of our team call us on 0203 816 9302 or complete our online enquiry form without delay.