Understanding your rights during pregnancy and maternity
When you are pregnant or on maternity leave, it’s crucial to understand your employment rights under UK law. The Equality Act 2010 protects you from unfavourable treatment due to pregnancy, childbirth, or any pregnancy-related illness. These legal protections are in place to ensure that you are treated fairly throughout your employment, including recruitment, working conditions, promotions, and redundancy situations.
Pregnancy discrimination can happen at various stages — from the job application process to your return from maternity leave. If an employer fails to make reasonable adjustments for your condition, or penalises you directly or indirectly because of your pregnancy, you may have a claim for discrimination.
Common examples of maternity discrimination in the workplace
It’s not always easy to recognise pregnancy or maternity discrimination. Below are common scenarios where discrimination may occur:
- Being overlooked for a promotion due to pregnancy or maternity leave
- Refusal to provide flexible working upon returning from maternity leave without justification
- Dismissing an employee shortly after disclosing pregnancy
- Failing to carry out a risk assessment for a pregnant employee working in unsafe conditions
- Reduction in responsibilities or demotion after returning to work
If you have experienced any of these issues, our team of maternity discrimination solicitors can offer support and guidance on the next steps to take.
Time limits for bringing a maternity discrimination claim
There are strict time frames when it comes to maternity and pregnancy discrimination claims. Generally, you must start the claim within three months, less one day, from the date of the discriminatory act. Failure to adhere to this deadline may result in your claim being struck out unless exceptional circumstances apply.
Before initiating a claim in the Employment Tribunal, you must also notify ACAS (Advisory, Conciliation and Arbitration Service) to take part in early conciliation. This process gives both the employee and employer the opportunity to resolve the matter without going to court.
What compensation can you receive for pregnancy discrimination?
If your claim is successful, the Employment Tribunal may award you financial compensation. This can include:
- Loss of earnings (past and future)
- Injury to feelings, which is calculated based on the severity of the discrimination
- Loss of statutory rights
- Aggravated damages, in cases of particularly serious or malicious behaviour
Our experienced pregnancy discrimination solicitors will assess your case thoroughly to ensure you receive the full amount of compensation you are entitled to.
Navigating flexible working requests after maternity leave
Many mothers return to work seeking flexible working arrangements that accommodate childcare responsibilities. You have the legal right to request flexible working after 26 weeks of continuous service. Common requests include altered start or finish times, part-time work, or job sharing.
While employers are not obligated to agree to every request, they must consider them in a reasonable manner and provide a valid business reason if refusing. If an employer rejects the request without proper grounds or fails to follow the correct process, you may have a claim for indirect discrimination or breach of statutory rights.
Why choose Stephensons
At Stephensons, we pride ourselves on delivering expert legal advice with compassion and professionalism. Our firm is ranked by The Legal 500 and Chambers UK as a leading national law firm. We have won numerous awards, including the Legal Services Innovation Award and Excellence in Client Care. Our employment law team is consistently recognised for its dedication and expertise in handling complex discrimination claims.
Here’s why clients trust our maternity and pregnancy discrimination solicitors:
- Extensive experience in employment law, with a strong success record in discrimination cases
- A client-first approach with clear, jargon-free communication and regular updates
- Flexible funding options, including conditional fee agreements (‘no win no fee’ in certain cases)
- Strong reputation for securing high-value settlements and positive outcomes
- National law firm with local outreach and personalised service
Our solicitors understand the emotional impact of pregnancy discrimination and offer a supportive, understanding environment in which to discuss your legal options.
How Stephensons can help
Pursuing a claim for pregnancy or maternity discrimination can be daunting, especially while managing the responsibilities of parenthood. At Stephensons, we take the legal burden off your shoulders and guide you through every stage of the process — from initiating ACAS early conciliation to representing you in the Employment Tribunal, if necessary.
We will carefully assess your situation during your initial consultation and outline the best course of action tailored to your circumstances. Our priority is to protect your legal rights and achieve the most favourable outcome possible, whether that’s through negotiation or formal legal proceedings.
Speak to our pregnancy discrimination solicitors today
Do not let discrimination go unchallenged. If you think you've been unfairly treated because of pregnancy or maternity leave, contact our team today. We offer a free initial consultation to assess your claim and provide practical, down-to-earth advice. Our maternity discrimination solicitors are here to support and represent you with professionalism and dedication.
Call us on 0161 696 6170 or complete our online enquiry form. Let Stephensons help you seek the justice you deserve.