A recent survey by the charity ‘Pregnant Then Screwed’ found the following concerning statistics after surveying 24,000 mothers on the workplace challenges they faced*:

• over half of all mothers (52%) faced some form of discrimination when pregnant, on maternity leave or when they returned;

• 1 in 5 mothers left their job following a negative or discriminatory experience; and

• 7% of women lost their job through redundancy, sacking, or feeling forced to leave due to a flexible working request being declined or due to health and safety issues.

Against this backdrop, it is perhaps unsurprising that pregnancies in the UK dropped to their lowest since 1977 in 2023**. But does it have to be this way? What protections are there for pregnant women and new mothers?

What are ‘pregnancy rights’?

Under the Equality Act 2010 (the ‘EA’), pregnancy is a ‘protected characteristic’, making it unlawful to treat someone unfavourably due to:

• their pregnancy itself, or

• any illness suffered because of their pregnancy.

This means employers cannot directly discriminate against employees (i.e. dismiss, deny promotions, or deny roles) because they are pregnant or suffering a connected illness.

Employers also have positive obligations towards pregnant employees, such as conducting proper risk assessments. For example, when an employee is pregnant, breastfeeding, or has given birth in the preceding 6 months, employers are obligated to conduct an individualised risk assessment.

It is worth noting that the protected characteristic of pregnancy and maternity is expressly excluded from the indirect discrimination and harassment provisions. However, there are other legal protections against discriminatory treatment in these contexts which an employee may rely upon. For example, they can bring a claim under the provisions prohibiting indirect sex discrimination and sex or sexual harassment.

What are your protections whilst on maternity leave?

Similarly to pregnancy discrimination, maternity discrimination will occur where an employee is treated unfavourably because:

• they are on compulsory maternity leave, or

• they are exercising (or seeking to exercise) the right to ordinary or additional maternity leave.

One example of unfavourable treatment relates to training and development. Employers must ensure that women on maternity leave are informed of any jobs that become available, including opportunities for promotion and transfer, and must enable them to apply. Failure to do so is likely to be direct pregnancy and maternity discrimination.

Another example is in a redundancy situation. An employer’s selection criteria must not discriminate against employees who are, or have been, pregnant or on maternity leave. For instance, including an employee’s maternity-related absence when scoring their attendance will likely constitute discrimination.

Tackling the motherhood penalty

The law provides protections against the motherhood penalty, but what does this mean in practice?

Consider a recent case of Holly Grant, a trainee accountant who requested a private space to express milk and flexible working to help her manage her childcare responsibilities. Within a few weeks of her requests, Holly was subjected to a series of negative comments from her supervisor regarding childcare (it being compared to a “time-intensive hobby” and a “barrier to success”), and she was accused of “skiving” whilst working from home.

One month into her traineeship, Holly was dismissed over fears she would struggle to complete the training required to pass the exams.

Holly later issued proceedings against her employer, and they were found liable for discrimination based on sex. Despite subsequent attempts to cite performance concerns as the reason for Holly’s dismissal, the Tribunal found that childcare was a ‘central concern’ for the employer, concluding that a male employee would not have suffered in the way Holly had. Holly’s compensation will be decided by the Tribunal in the near future.

Paternity pay and leave

Eligible fathers should also keep in mind that they are entitled to take up to two weeks of paternity leave following the birth or adoption of a child. Paternity pay is compensated at the statutory rate of £184.03 per week (rising to £187.18 from 6 April 2025) or 90% of average weekly earnings, whichever amount is lower. To qualify, you must have been employed by the same employer for a minimum of 26 weeks by the 15th week prior to the expected due date (this calculation differs for adoption or surrogacy). You must give your employer at least 15 weeks’ notice.

What next?

Have you or a loved one been affected by pregnancy or maternity leave discrimination? Our experienced employment team which has experienced pregnancy discrimination lawyers are here to help. We offer confidential consultations to discuss your situation and explain your legal options. Contact us at enquiries@bpcollins.co.uk or or call 01753 889995 to speak with a specialist who can guide you through your next steps.

*This data was obtained from a survey done by ‘Pregnant Then Screwed’

**From the Office for National Statistics


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Jo Davis
Practice Group Leader

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