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Pregnancy & maternity discrimination solicitors

If an individual feels that they have been discriminated against due to being pregnant or while on maternity leave, or you are an employer or service provider who has received a complaint of this, our pregnancy discrimination specialists would be happy to discuss your case. We appreciate that this can be a sensitive issue and offer a range of funding options to help. In some circumstances, we may be able to offer a ‘no win no fee' arrangement to you, so that you won’t pay any legal costs if your claim or defence is not successful. For advice, call us on 0161 696 6170 and we will be happy to guide you through the process. Alternatively, please complete our online enquiry form and a member of the team will contact you directly.

Under the Equality Act 2010, a woman is protected from unlawful discrimination because of a current pregnancy, or less favourable treatment as a result of that pregnancy or her attempts to assert her rights of maternity within the maternity period of 26 weeks following the birth of her child or children.

All pregnant women are protected from pregnancy and maternity discrimination at work or in the course of their engagement with service providers from the moment they become pregnant until they return to work or after 26 weeks. There are also some protections for breastfeeding mothers who are returning to work.

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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.

Pregnancy and maternity discrimination FAQs

Can I sue my employer for pregnancy discrimination?

You can take your employer to court if you have been a victim of pregnancy discrimination. Under the Equality Act 2010, you should not be treated unfavourably or unfairly if you are pregnant, recently given birth, on maternity leave or breastfeeding.

If you do have a pregnancy discrimination claim this may be brought in the Employment Tribunal. However, many employers tend to prefer to settle out of court. If you are offered a settlement agreement by your employer then you will be required to seek legal advice before signing the document. If you need legal advice regarding pregnancy or maternity discrimination then contact our employment lawyers today.

What qualifies as pregnancy discrimination?

The Equality Act 2010 prohibits employers and service providers from discriminating against a person because they are pregnant or on maternity leave. If you have been unfairly treated because you are pregnant, breastfeeding or have recently given birth, and you suffer a disadvantage as a result of this, (e.g. are passed over for promotion) the law may say that you have been treated unfavourably.

Most pregnancy and maternity leave discrimination cases fall into four categories:

  • Direct discrimination
  • Indirect discrimination
  • Harassment
  • Victimisation

Under the Equality Act 2010, you are protected from the moment you are pregnant until you return to work or up until 26 weeks after the birth, whichever comes first. If you are breastfeeding your child after the 26 weeks and you experience discrimination due to this, then it will fall under direct sex discrimination rather than pregnancy and maternity discrimination. When it comes to breastfeeding, you don't have to show that you were treated less favourably than the opposite sex, like other discrimination cases require, only that you have been treated worse than if you had not chosen to breastfeed or carry on breastfeeding.

Can an employer fire you when pregnant?

It is possible for an employer to dismiss you or make you redundant while pregnant or on maternity leave as long as the pregnancy is not the reason that you are being made redundant. If you think that you have been treated unfairly or unfavourably due to being pregnant or on maternity leave, contact our solicitors today.

What is maternity discrimination?

Pregnancy and maternity discrimination is when someone who is pregnant or on maternity leave has been treated unfairly due to the fact that they are pregnant, have just given birth or are breastfeeding. This can range from being passed over for promotion, being made redundant, unfair dismissal and being unreasonably refused flexible working requests, amongst others.

If you have been a victim of maternity discrimination, you may be entitled to compensation. Damages in Maternity discrimination cases vary depending on your individual case. Our expert solicitors will be able to help you determine how much compensation you may receive if your case is successful.

Do I have a pregnancy discrimination case?

Whether or not you have a pregnancy discrimination claim to be pursued will depend on the individual circumstances of your case. At Stephensons, we offer a free initial consultation and from this, we will be able to determine whether or not you have a case. Contact our experienced solicitors today.

Our experience

Recently settled pregnancy and maternity discrimination claims

  • We recovered compensation for our client who was unable to return to work due to the refusal of her employer to allow flexible working hours following her request prior to her return from maternity leave.

  • We acted for an employee alleging pregnancy discrimination following an incident at work in which she was hospitalised.
     
  • Our client was dismissed by her employer due to taking absence for pregnancy related medical reasons. We negotiated a favourable settlement within employment tribunal proceedings.
     
  • Our client was awarded compensation after she was subject to pregnancy discrimination by her employer due to child care arrangement issues.  

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