Pregnancy should be an exciting and positive time — but sadly, many women and birthing parents still face unfair treatment at work. In fact, research shows that thousands of employees in the UK experience pregnancy or maternity discrimination each year, from being overlooked for promotion to losing their jobs altogether.
Under UK law, this type of discrimination is unlawful. But it isn’t always obvious what actually counts as pregnancy discrimination. Does sick leave for pregnancy-related illness fall under protection? Can an employer make you redundant during maternity leave? What about being refused flexible working?
This guide will break down what pregnancy discrimination means in 2026, the key laws that protect you, and real-world examples of when your rights may have been breached. By the end, you’ll know what’s legal, what’s not, and what steps you can take if you think you’ve been treated unfairly.
Legal Framework & Key Laws
Pregnancy and maternity discrimination is covered by some of the most important pieces of employment law in the UK. In 2026, the core protections remain the same, but awareness of rights is increasing — and tribunals continue to clarify how the law should be applied.
Equality Act 2010
- The Equality Act 2010 makes it unlawful to treat someone unfavourably because they are pregnant, have a pregnancy-related illness, or are on maternity leave.
- Pregnancy and maternity is one of the nine “protected characteristics” in the Act.
- The protection applies from the moment your employer knows (or reasonably should know) that you are pregnant.
Maternity and Parental Leave Regulations 1999
- These regulations set out the right to maternity leave, including Ordinary Maternity Leave (26 weeks) and Additional Maternity Leave (another 26 weeks).
- They also protect employees returning from maternity leave from being treated unfairly compared with colleagues.
Health and Safety at Work Act 1974
- Employers must make sure the workplace is safe for pregnant employees. This includes carrying out risk assessments and making adjustments where needed.
Recent Updates
- The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 has come fully into effect. This gives extended redundancy protection to employees from the point they notify their employer of pregnancy until 18 months after birth or adoption.
- This means employers must offer suitable alternative roles (where available) before considering redundancy.
Key takeaway: The law provides wide-ranging protection. If you are treated unfavourably in relation to pregnancy, maternity leave, or returning to work, it could amount to unlawful discrimination.
What Is Defined as Pregnancy Discrimination?
Pregnancy discrimination happens when an employee is treated unfavourably because of pregnancy, a pregnancy-related illness, or maternity leave. The law is clear: this kind of treatment is unlawful from the moment your employer knows you are pregnant until your maternity leave ends.
Note: Although the specific protection against pregnancy and maternity discrimination under section 18 of the Equality Act 2010 ends when maternity leave ends, extended redundancy protection continues under separate regulations.
Key definitions
- During pregnancy: You are protected if you are treated worse than other employees because you are pregnant.
- Pregnancy-related illness: Absence due to morning sickness, high blood pressure, or other related health issues must not be treated less favourably than other sick leave.
- Maternity leave: You cannot be disadvantaged for taking or planning to take maternity leave, or for exercising your rights while on leave.
Examples of unlawful treatment
- Being demoted, sidelined, or excluded from opportunities because you are pregnant.
- Losing out on pay rises, promotions, or training because you’ve taken maternity leave.
- Being selected for redundancy due to pregnancy or absence on maternity leave.
- Being dismissed or having your contract ended because you’re pregnant.
Key point: Pregnancy discrimination doesn’t just cover being fired — it includes any unfavourable treatment linked to pregnancy or maternity, from small changes in duties to major employment decisions.
Examples of Pregnancy Discrimination
Pregnancy discrimination can take many forms. Some are obvious, like being sacked when you tell your employer you’re expecting. Others are more subtle, but still unlawful under UK law.
Workplace Examples
- Redundancy selection
An employee on maternity leave is put at the top of a redundancy list simply because she’s absent. This is unlawful unless the employer can prove the redundancy is unrelated to pregnancy or maternity. - Refused promotion or training
A pregnant employee is told she won’t be considered for promotion because she’ll “be off soon anyway.” This is discriminatory and not a valid reason to block career progression. - Discrimination due to pregnancy-related illness
An employee who takes sick leave for morning sickness or pregnancy-related health issues is disciplined under the company’s absence policy. Pregnancy-related sickness must be treated differently from other sickness absence. - Failure to make adjustments
An employee’s doctor recommends lighter duties during pregnancy, but the employer ignores this and continues to assign heavy work. This can breach both health & safety duties and anti-discrimination laws. - Unfair treatment on return from maternity leave
A woman returning from leave is told her role has been downgraded or given to someone else. Unless a genuine redundancy situation applies with proper protections, this counts as discrimination.
Key takeaway: If the reason you’re treated differently is linked to pregnancy, childbirth, or maternity leave, it is very likely to count as discrimination.
Protection Periods & Key Rights
Pregnancy and maternity discrimination laws don’t just apply for a few weeks — they cover a clear period before, during, and after birth. Knowing these timelines helps you understand when you’re protected and what rights you have.
When protection begins
- Protection starts from the moment your employer knows, or could reasonably be expected to know, that you’re pregnant.
- This means even if you’ve only told your line manager informally, the law applies.
During pregnancy
- You have the right to paid time off for antenatal appointments.
- You must not be treated unfavourably because of pregnancy-related sickness.
- Your employer must carry out a risk assessment and make adjustments to keep you safe.
Maternity leave
- You’re entitled to 52 weeks of maternity leave (26 weeks Ordinary Maternity Leave + 26 weeks Additional Maternity Leave), regardless of how long you’ve worked for your employer. Statutory Maternity Pay is available for up to 39 weeks.
- You cannot be disadvantaged, demoted, or treated worse for taking maternity leave. After Ordinary Maternity Leave (26 weeks) you have the right to return to the same job; after Additional Maternity Leave (52 weeks), to the same or a similar job if that’s not reasonably practicable.
After childbirth
- Protection continues until the end of maternity leave. In some circumstances you could even be protected after that, if the discrimination is related to something that happened whilst you were pregnant or on maternity leave. Also, you may be able to claim for sex discrimination instead if for example you are discriminated against due to breastfeeding.
- Since 2024, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 gives you extra security: redundancy protection from the point of pregnancy notification until 18 months after birth.
Key takeaway: You’re protected from pregnancy discrimination for a significant period — not just during pregnancy, but throughout maternity leave and beyond.
What Doesn’t Count / Common Misconceptions
Not every negative experience at work during pregnancy or maternity leave will amount to unlawful discrimination. It’s important to separate genuine breaches of the law from situations that, while difficult, may still be legal.
Genuine redundancy situations
If your role is made redundant for legitimate business reasons (for example, company closure or restructuring) and pregnancy is not the reason, this may not count as discrimination. However, in these cases, employers must follow strict rules — including offering suitable alternative roles before anyone else.
Health & safety restrictions
If your employer restricts certain tasks to protect your health or your baby’s wellbeing (such as heavy lifting or exposure to chemicals), this isn’t discrimination — it’s a legal duty under health and safety law.
Business decisions not linked to pregnancy
If an employer can demonstrate that a decision (such as not awarding a promotion) was based on clear, objective criteria unrelated to pregnancy, it may not be unlawful. However, the burden is on the employer to show this.
Misunderstandings about sick leave
While pregnancy-related sickness is protected, employers are still allowed to record it separately from ordinary absence. Problems only arise if they discipline you or treat you unfavourably because of it.
Key point: Not every setback equals discrimination — but if treatment is linked to your pregnancy, maternity leave, or related illness, it may still cross the legal line.
How to Respond If You Think You’ve Been Discriminated Against
If you believe you’ve experienced pregnancy discrimination, there are clear steps you can take to protect yourself and challenge the behaviour.
Step 1: Keep records
- Save emails, messages, meeting notes, or policies that show how you’ve been treated.
- Record dates and details of incidents, including who was involved.
- Evidence is crucial if the matter escalates.
Step 2: Raise it informally (if safe)
- Sometimes, employers may not realise their actions are discriminatory.
- If you feel comfortable, you can raise the issue directly with your manager or HR.
Step 3: Use your workplace procedures
- Submit a formal grievance if the issue isn’t resolved informally, or if you have been made redundant, submit a format appeal.
- Follow your company’s grievance or redundancy appeal process and keep copies of everything.
Step 4: Get external support
- Contact ACAS for free advice and Early Conciliation before going to a tribunal.
- Seek guidance from Citizens Advice or specialist charities like Maternity Action.
- If needed, speak with an employment law advisor or use platforms like Valla for tailored templates and coaching.
Step 5: Employment Tribunal
- If all else fails, you may bring a claim to an Employment Tribunal.
- Claims must normally be lodged within 3 months less one day of the discriminatory act. This time limit is extended by the Acas early conciliation period.
Tip: Don’t delay — the time limits for claims are strict, and getting advice early makes a big difference.
What to Watch Out for in 2026
Pregnancy and maternity discrimination protections remain strong in UK law, but 2026 brings some important developments and trends to be aware of.
Extended redundancy protection
- The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is now fully in force.
- This means employers must prioritise offering suitable alternative roles to pregnant employees and those on maternity leave — not just during leave, but up to 18 months after birth.
Greater scrutiny of employers
- Tribunals are increasingly strict about employers using redundancy as an excuse to push out pregnant workers.
- Employers are expected to have clear, documented business reasons if redundancies affect staff on maternity leave.
Flexible working changes
- From April 2024, the law gave employees the right to request flexible working from day one of employment. This continues into 2026, giving new parents more leverage to request arrangements that fit their family needs.
- Refusing such requests without good reason could expose employers to claims of indirect sex discrimination.
Rising awareness and claims
- Public awareness of pregnancy discrimination is higher than ever, with charities and campaigners reporting increased case numbers.
- Employers who fail to adapt risk reputational damage as well as legal claims.
Key point: In 2026, employees have stronger protections and more routes to challenge discrimination — and employers are under growing pressure to get it right.
Key Takeaways
- Pregnancy discrimination is unlawful under the Equality Act 2010 and other UK regulations.
- You’re protected from the moment your employer knows you’re pregnant until 18 months after birth (thanks to new redundancy protections).
- Discrimination includes being dismissed, denied promotion, disciplined for pregnancy-related illness, or treated worse because of maternity leave.
- Not every workplace decision counts — genuine redundancies and health & safety measures may be lawful if handled correctly.
- If you believe you’ve been discriminated against, gather evidence, raise a grievance, and seek support early.
- In 2026, awareness is growing and the law is stricter, giving you stronger grounds to challenge unfair treatment.
Conclusion
Pregnancy should never put your job, career, or financial security at risk. Yet, in 2026, many employees still face unfair treatment when they are pregnant, on maternity leave, or returning to work. UK law offers strong protections — from the Equality Act 2010 to the new redundancy safeguards — but understanding your rights is the first step to standing up against discrimination.
If you believe you’ve been treated unfairly, you don’t have to face it alone. By keeping records, raising the issue, and seeking advice early, you put yourself in the best position to protect both your rights and your future.
At Valla, we’re here to help you navigate workplace disputes with confidence. From Case Assessment, grievance letter templates to tribunal preparation guides and one-to-one coaching support, we give you the tools to challenge discrimination and get the fair treatment you deserve.
Explore our Pregnancy & Maternity resources or connect with a Valla coach today to take the next step.