UK maternity rights: Pregnancy and Maternity Discrimination at Work Explained

This guide applies to Employment Law in England, Scotland and Wales.

If you’re pregnant, on maternity leave, or preparing to return to work after becoming a parent, you might have noticed that something at work doesn’t feel quite right.

You may have shared your pregnancy and sensed a shift in how you’re treated. Conversations about your future at the company might feel less certain, there may be early discussions about redundancy, or your role might seem significantly different after your return to work.

It can sometimes be difficult to know whether these changes are part of normal workplace life or if they’re a sign of something unlawful. Many employees are unsure of their rights or what steps they can take without making things worse.

What’s most important to know is that pregnancy and maternity discrimination is unlawful under the Equality Act 2010. In England, Scotland, and Wales, employees have important legal protections during pregnancy, maternity leave, and after returning to work, and employers have clear responsibilities.

This guide will help you understand what those protections mean in practice during pregnancy and maternity leave, and what you can do if something about your situation at work doesn’t feel right.

Table of contents

• What is pregnancy and maternity discrimination?
• When pregnancy and maternity protections apply
• Pregnancy loss and early birth: what this means for your protections at work
• Examples of pregnancy and maternity discrimination at work
• Redundancy while pregnant or on maternity leave
• Can you be fired while pregnant or on maternity leave?
• How to prove pregnancy or maternity discrimination
• What to do if you experience pregnancy or maternity discrimination
• Pregnancy and maternity discrimination at work: how Valla can help
• UK maternity rights FAQs
  

What is pregnancy and maternity discrimination?

The law protects employees from unfair treatment related to pregnancy or maternity. In England, Scotland, and Wales, these are recognised as protected characteristics under the Equality Act 2010. This means that employers must not treat you unfavourably because you are pregnant or on maternity leave.

In simple terms, pregnancy and maternity discrimination happens when someone is treated unfavourably because they are pregnant, have recently given birth, or are on maternity leave.

Unfavourable treatment can take several different forms. Your employer might:

• reduce or reassign your responsibilities without a clear reason
  
• overlook you for promotion or development opportunities
  
• exclude you from meetings, projects or decisions
  
• put you under pressure to return early from maternity leave
  
• select you for redundancy because of your pregnancy or maternity leave

It’s important to know that discrimination does not need to be deliberate. An employer might believe they are making a practical or “business” decision, but if the reason is linked to pregnancy or maternity, it can still be unlawful.

When pregnancy and maternity protections apply

Pregnancy and maternity discrimination protection begins when pregnancy starts and continues until the end of your maternity leave.

This includes both statutory (ordinary) maternity leave (the first 26 weeks) and any additional maternity leave (a further 26 weeks).

This entire timeframe is known as the “protected period.”

Protections during the protected period can include:

● the right to return to the same or a similar role

● additional protection in redundancy situations

● protection from unfair treatment

After you return to work, you may still have important legal protections under pregnancy and maternity discrimination law if a decision that negatively affects you (such as a demotion or redundancy selection) was made during the protected period.

If you’re treated unfavourably because of something linked to your pregnancy or maternity leave after the protected period has ended, it may count as sex discrimination or another breach of your rights.

Pregnancy loss and early birth: what this means for your protections at work

Employees who experience pregnancy loss or early birth have several legal protections. Here’s what that means in practice.

Pregnancy loss before 24 weeks

If a pregnancy ends before 24 weeks, protection from pregnancy discrimination still applies.

An employer must not treat someone unfavourably because they were pregnant or because of a pregnancy-related illness.

In the rest of this guide, the following sections explain how the protection works in practice:

• Examples of pregnancy and maternity discrimination at work
• How to prove pregnancy or maternity discrimination
• What to do if you experience pregnancy or maternity discrimination
  

Pregnancy loss from 24 weeks onwards

If a loss occurs after 24 weeks, the same protections apply as they would during maternity leave, including:

• protection from pregnancy and maternity discrimination during the protected period
• redundancy protections (including Regulation 10, where applicable)
• protection from unfair dismissal

The rest of this guide explains how these protections work in practice.

Premature birth

If a baby is born early, maternity leave and the protected period begin from the date of birth.

Your rights continue in the same way as any other maternity leave situation. This includes protection from discrimination, redundancy protections, and the right to return to work.

The rest of this guide explains how these protections work in practice.

Examples of pregnancy and maternity discrimination at work

Discrimination is not always obvious. It often becomes clear through small changes in behaviour, communication, or decision-making that leave you at a disadvantage over time. Let’s take a look at some examples.

Discrimination during pregnancy

After disclosing their pregnancy, some people notice changes in how they’re treated at work.

This might include:

• being treated differently after announcing a pregnancy
  
• a job offer being withdrawn without a clear explanation
  
• being passed over for training or development opportunities
  
• concerns about health and safety being dismissed or not properly addressed

Example scenario

Aisha works in a logistics role. After telling her manager she is pregnant, she notices she’s no longer invited to team planning meetings.

When she raises concerns, she’s told there’s “no point” in her attending these meetings. Over time, Aisha’s responsibilities become more narrow, and she feels increasingly sidelined.

If this unfavourable treatment is linked to Aisha’s pregnancy, it may amount to discrimination.

Discrimination while on maternity leave

While on maternity leave, some people notice changes in how decisions are made about their role or their future with the organisation.

This could look like:

• not being told about promotion opportunities
  
• missing updates about team changes or restructures
  
• being selected for redundancy during leave
  
• limited or no communication about changes affecting your role

Example scenario

Emma is on maternity leave when a more senior role becomes available in her team. The opportunity is shared internally, but she is not told about it or given the chance to apply. By the time she returns, she has missed the opportunity to be considered, and the role has been filled.

If this outcome is a result of Emma’s pregnancy or maternity leave, it may amount to discrimination.

Discrimination after returning from maternity leave

After returning to work, some people notice changes in how they are treated or what’s expected of them.

In practice, this might involve:

• returning to a role with fewer responsibilities
  
• a flexible working request being refused without proper consideration
  
• changes to your role without consultation
  
• new concerns about your performance being raised unexpectedly

Example scenario

Sophie returns from maternity leave to find that key parts of her role have been reassigned. Her responsibilities are reduced, and she is no longer involved in the same level of work as before. As a result, she has fewer opportunities to contribute, develop her skills, or progress her career with the organisation.

This treatment may amount to discrimination if Sophie was disadvantaged because she was on maternity leave.

Redundancy while pregnant or on maternity leave

Redundancy can feel especially unsettling during pregnancy or maternity leave. Here’s what you need to know if you find yourself in this difficult situation.

Can you be made redundant while pregnant?

In some situations, redundancy will be part of a genuine business process. However, your pregnancy must not influence the decision.

Employers are expected to follow a fair and transparent process, using consistent criteria and providing clear reasons for outcomes.

Although it might not be possible to know what’s going on behind the scenes, certain patterns can indicate that your pregnancy might be affecting the process. For example:

• redundancy discussions begin shortly after you disclose your pregnancy
  
• the reasons for redundancy are unclear or keep changing
  
• selection criteria are vague or not applied consistently
  
• only a few employees are affected, and you’re the only one who is pregnant

On their own, these signs don’t usually prove that discrimination is taking place. However, they can be a reason to ask questions, request clarity, and keep a record of what is happening.

Regulation 10 maternity redundancy protection explained

During pregnancy, maternity leave, and for a period after returning to work, employees have additional legal protection in redundancy situations. This protection is set out in Regulation 10 of the Maternity and Parental Leave Regulations 1999.

When this protection applies, your employer is legally required to offer you a suitable alternative role before offering it to other employees at risk of redundancy, as long as such a role exists. You should not be required to compete for that role.

A role is usually considered suitable if:

• it matches your skills and experience
  
• the terms and conditions are not substantially worse than your current role
  
• the responsibilities and location are reasonable

When it comes to identifying alternative roles that are genuinely “suitable”, employers are expected to actively consider the available roles and explain their decisions clearly.

If your employer fails to follow the rules of Regulation 10 when they apply, the redundancy may be automatically unfair or discriminatory.

Can you be fired while pregnant or on maternity leave?

If you’re pregnant or on maternity leave and something at work has changed, you might be wondering whether your job is at risk.

In some situations, an employer can lawfully dismiss an employee during this time. These situations might include:

• genuine redundancy
  
• serious misconduct
  
• documented performance issues

However, your pregnancy or maternity leave must not be a factor in that decision. If it is, this may amount to discrimination, and the dismissal may be treated as unfair or automatically unfair under the law.

Here are the key differences between the two:

• Automatic unfair dismissal: If your pregnancy or maternity leave influences your employer’s decision to dismiss you, the dismissal may be automatically unfair. This right applies from day one of employment and does not require a minimum length of service.
• Unfair dismissal: Unfair dismissal is a separate right that usually applies after two years of employment. From this point onwards, your employer must show a fair reason for dismissing you and follow a fair dismissal process. If they fail to meet either of these requirements, the dismissal may be unfair.

If you’re concerned that a decision to dismiss you may be linked to your pregnancy or maternity leave, it’s important to keep a clear record of events and consider the steps set out later in this guide.

How to prove pregnancy or maternity discrimination

Proving pregnancy or maternity discrimination is not usually about identifying one clear comment or decision. In many cases, it comes down to showing a pattern of changes in how you were treated during the protected period.

Evidence that may support a discrimination claim

If your treatment changed after you shared your pregnancy or returned from maternity leave, the most useful question to ask is: what changed, and when?

Once you identify those changes, start to collect the evidence that supports what you have noticed.

Relevant evidence might include:

• emails or written messages that show a shift in tone, expectations, or decision-making after you disclosed your pregnancy
  
• meeting notes or summaries that reflect changes in how you are spoken to, included, or consulted
  
• changes in performance reviews, feedback, or objectives that were not raised before your pregnancy or maternity leave

Bring this information together into a simple timeline. Note when you shared your pregnancy, what happened next, and how decisions or behaviour changed over time. You can do this in Valla for free.

Start recording this information as early as possible. Writing things down as they happen helps create a clear record and reduces the need to rely on memory later.

What to do if you experience pregnancy or maternity discrimination

If you believe your employer is treating you unfairly because of pregnancy or maternity leave, there are steps you can take to address the issue.

1. Document what has happened: Keep a written record of incidents, including dates, messages, and any changes in treatment. This helps build a clear timeline of events.
2. Raise the issue informally: You may choose to speak with your manager or HR representative to clarify what has happened and explain your concerns.

   Note:

   If you’re a member of a trade union, you can contact your representative for advice and support. They may be able to help you raise concerns or accompany you in meetings.

3. Submit a formal grievance: If the issue is not resolved, you can raise a formal grievance. This requires your employer to review the situation and respond.
4. Contact ACAS for early conciliation: ACAS early conciliation is a free and confidential service that helps resolve disputes before a tribunal claim.
   
   Both sides are given the opportunity to reach an agreement.
   
   If you decide to contact ACAS, it’s important to act promptly. In most cases, you have three months less one day from the act you are challenging to start the process.
   
   In some situations, discrimination can happen over a period of time rather than as a single event. However, a “continuing act” of discrimination can be difficult to establish in practice, so it’s usually best to act as soon as possible after a single event occurs.
   
   This time limit of three months less one day pauses when you notify ACAS. It then continues once early conciliation has ended. You can use the remaining time to decide whether to submit an Employment Tribunal claim.
   

   Good to know

   You don’t have to wait for your employer’s internal process to finish before contacting ACAS. This means that you can raise a grievance and start early conciliation at the same time. Some people decided to do this if their ACAS deadline is approaching.

5. Consider an Employment Tribunal claim: If the issue is not resolved through conciliation, you may be able to bring a claim against your employer at an Employment Tribunal. A Judge will assess the evidence and make a decision. Download our action toolkit to learn more about the Tribunal process and how to prepare for it.

Pregnancy and maternity discrimination at work: how Valla can help

If you’re experiencing pregnancy or maternity discrimination, it can be difficult to know what to do next or how to prepare to challenge it.

That’s where Valla comes in. We help employees understand their rights and take practical steps with confidence.

You can use Valla to:

• record workplace incidents as they happen
  
• organise your evidence into a clear timeline
  
• draft documents such as grievance letters
  
• prepare for conversations with your employer

If you need more support, you can also book time with one of our legal experts to talk through your situation and next steps.

Important: You have other rights during pregnancy and maternity leave – and Valla is here to help

Alongside protection from discrimination, you also have wider workplace rights during pregnancy and maternity leave.

These rights are collectively known as “maternity rights”. They’re set out in legislation, including the Employment Rights Act 1996 and the Maternity and Parental Leave Regulations 1999.

Maternity rights include:

• the right to take up to 52 weeks of maternity leave
• the right to return to the same job after statutory maternity leave (the first 26 weeks)
• The right to return to the same job, or a suitable alternative if it’s not reasonably practicable for you to do so, after any additional maternity leave (a further 26 weeks)
• protection from unfair dismissal
• additional protection in redundancy situations
• protection of your health and safety at work during pregnancy

These rights are designed to ensure you are not placed at a disadvantage because of pregnancy or maternity leave.

If your employer does not respect these rights, you may be able to take action. Valla is here to help you document everything that’s happened, organise your evidence, and prepare for further conversations or formal legal steps.

UK maternity rights FAQs