Pregnancy Discrimination at Work: How to Recognise It & What to Do

What Is Pregnancy Discrimination?

Pregnancy discrimination is when you're treated unfairly because you're pregnant, on maternity leave, or because you've recently given birth. Under the Equality Act 2010, pregnancy and maternity are a protected characteristic, making discrimination illegal.

Pregnancy discrimination is unfortunately common. Research by the Equality and Human Rights Commission found that 77% of working mothers reported negative or discriminatory treatment during pregnancy, maternity leave, or on return to work.

Types of Pregnancy Discrimination

Direct Discrimination

This is when you're treated less favourably specifically because of your pregnancy or maternity. Examples include:

•Being dismissed or made redundant because of pregnancy

•Not being promoted because you're pregnant or about to go on maternity leave

•Being pressured to resign when you announce your pregnancy

•Having your job offer withdrawn when the employer discovers you're pregnant

•Being excluded from meetings or training opportunities

•Receiving negative performance reviews related to pregnancy absence

Indirect Discrimination

This is when a workplace policy applies to everyone but disproportionately disadvantages pregnant women or new mothers. Examples include:

•A requirement to work late shifts that makes it impossible for breastfeeding mothers

•Attendance policies that count pregnancy-related absence against you

•Performance targets that don't account for maternity leave

Harassment

Pregnancy-related harassment includes:

•Colleagues making unwanted comments about your pregnancy or body

•Being called unreliable because of pregnancy appointments

•Jokes about you not coming back after maternity leave

•Being ignored or excluded socially because of your pregnancy

Victimisation

This is when you're treated badly because you complained about pregnancy discrimination or supported someone else's complaint.

Your Legal Rights

Under UK law, you're protected from the moment you become pregnant until the end of your maternity leave (and beyond, in many cases):

•You cannot be dismissed for being pregnant or for any reason connected to your pregnancy

•You cannot be made redundant in preference to other employees because of pregnancy

•If genuine redundancy occurs, you have priority right to suitable alternative employment during maternity leave

•Pregnancy-related sickness cannot be counted in sickness absence records

•You have the right to all contractual benefits during maternity leave (except salary)

•You have the right to return to the same job after ordinary maternity leave

What to Do If You Experience Discrimination

Step 1: Keep Detailed Records

Document everything:

•Dates, times, and locations of incidents

•What was said or done (as close to word-for-word as possible)

•Names of witnesses

•Any emails, texts, or written communications

•How it made you feel and any impact on your health

Step 2: Raise It Informally

If you feel comfortable, speak to your line manager or HR department. Sometimes issues can be resolved quickly at this stage, especially if the discrimination is unintentional.

Step 3: Use the Formal Grievance Process

If informal resolution doesn't work:

1.Submit a written grievance following your employer's procedure

2.Attend the grievance hearing

3.Appeal if you're not satisfied with the outcome

Step 4: Contact ACAS

ACAS provides free, impartial advice and can help with Early Conciliation — a process where ACAS tries to help you and your employer reach agreement without going to tribunal.

ACAS helpline: 0300 123 1100

Step 5: Employment Tribunal

If other options fail, you can take your case to an Employment Tribunal. Key points:

•You must start Early Conciliation within 3 months less 1 day of the discriminatory act

•Tribunal claims are free to bring

•You can claim compensation for financial loss and injury to feelings

•There is no cap on discrimination compensation

Redundancy During Pregnancy and Maternity Leave

If your employer is making redundancies, special protections apply:

•From the Pregnancy Protection Act 2024, pregnant employees and those on maternity leave have priority for suitable alternative vacancies

•This priority extends from notification of pregnancy until 18 months after the birth

•Your employer must offer you a suitable alternative role before offering it to other at-risk employees

•Being selected for redundancy because of pregnancy is automatically unfair dismissal

Read our detailed guide on redundancy during pregnancy and maternity.

Getting Legal Support

If you believe you've experienced pregnancy discrimination, several organisations can help you take action:

•Maternity Action helpline: 0808 802 0029 — free, specialist advice on maternity rights and discrimination. They can help you understand your options and draft grievance letters

•ACAS: 0300 123 1100 — provides free Early Conciliation to help resolve disputes without going to tribunal

•Citizens Advice: citizensadvice.org.uk — can help you understand your legal position and refer you to local solicitors

•Equality Advisory Support Service (EASS): 0808 800 0082 — specialist equality and discrimination advice

•Working Families helpline: 0300 012 0312 — legal advice for working parents and carers

If you need to take your case to an Employment Tribunal, you may be able to find a solicitor who works on a no-win, no-fee basis for discrimination claims. Legal aid is not usually available for employment cases, but some trade unions provide legal representation as part of membership.

Remember, you must start the ACAS Early Conciliation process within 3 months less 1 day of the discriminatory act — so don't delay in seeking advice. Use our maternity leave checklist to keep track of key dates and deadlines throughout your pregnancy and leave.

Related Guides

•Pregnancy Rights at Work — your full legal protections

•Redundancy During Pregnancy — what to do if facing redundancy

•Returning to Work After Maternity — your rights on return

•Time Off for Antenatal Appointments — another area where discrimination can occur

•Maternity Leave Rights — know your full entitlements