Pregnancy and Maternity Discrimination at Work

Legal Support for Discrimination Before, During and After Maternity Leave 

At The Jonathan Lea Network, we understand how important it is to feel supported and secure at work—especially during pregnancy and maternity leave. Sadly, many women still face unfair treatment or career setbacks simply because they are pregnant or on maternity leave. 

If you believe your employer has discriminated against you because of your pregnancy, maternity status or a related issue or you are an employer and feel you have treated someone unlawfully, our experienced employment solicitors are here to help. We provide clear, strategic legal advice to help you resolve the matter.

What Is Pregnancy and Maternity Discrimination? 

Under the Equality Act 2010, pregnancy and maternity are recognised as protected characteristics. This means that you must not be treated unfairly or unfavourably because: 

• You are pregnant 
• You have a pregnancy-related illness 
• You are on maternity leave (ordinary or additional) 
• You have recently returned to work following maternity leave 

This protection applies from the moment you become pregnant until the end of your maternity leave period—even if you are on a fixed-term or part-time contract. 

Unlike other types of discrimination, claims involving pregnancy and maternity do not require a comparator. The focus is solely on whether the treatment you received was unfavourable because of your condition or status. 

Common Examples of Pregnancy and Maternity Discrimination 

We regularly advise clients who have faced: 

• Being dismissed, demoted or sidelined after announcing a pregnancy 
• Employers failing to carry out risk assessments or make workplace adjustments for pregnant staff 
• Loss of training or promotion opportunities while pregnant or on maternity leave
• Being excluded from communication or decision-making during maternity leave
• Return-to-work arrangements that are unfair or unreasonable
• Redundancy selection targeting pregnant employees or new mothers
• Criticism, pressure to resign, or subtle tactics to force someone out If any of these sound familiar, it’s essential to seek legal advice promptly. 

Your Rights During Pregnancy and Maternity Leave 

As an employee, you are entitled to: 

• Paid time off for antenatal appointments 
• Maternity leave of up to 52 weeks (regardless of length of service)
• Statutory Maternity Pay or Maternity Allowance (depending on eligibility)
• Protection from unfair dismissal, redundancy, or less favourable treatment 
• Right to return to your job after maternity leave, or to a suitable alternative if your role no longer exists 

Your employer must also conduct pregnancy risk assessments and take action to protect your health and safety at work. 

Redundancy and Maternity Leave 

Pregnant employees or those on maternity leave are at particular risk of being unfairly selected for redundancy. While redundancy is not automatically unlawful, your employer must: 

• Genuinely consult you about changes or potential redundancy 
• Offer any suitable alternative roles available, before offering them to others
• Avoid making decisions influenced by your pregnancy or maternity status 

If your redundancy appears suspicious, unjustified, or based on factors related to your pregnancy, you may have a strong claim. 

Taking Action: What to Do If You’re Being Discriminated Against 

1. Document everything: Keep records of conversations, emails, missed opportunities and unfair treatment. 
2. Speak to HR or your manager: Raise concerns informally, if possible.
3. Submit a formal grievance: Use your employer’s internal process to escalate the issue. 
4. Contact our team: We’ll review your case and advise you on your legal options. 

Claims relating to pregnancy and maternity discrimination must usually be made to an Employment Tribunal within three months less one day from the date of the last discriminatory act. Early legal advice can make all the difference. 

How We Can Help 

At The Jonathan Lea Network, our employment solicitors are experienced in handling sensitive and complex discrimination claims. We can: 

• Assess the strength of your case and explain your options clearly 
• Draft and submit grievance letters or legal correspondence on your behalf
• Represent you in settlement negotiations or ACAS Early Conciliation
• File and manage your claim at the Employment Tribunal 
• Help you negotiate a settlement agreement if you wish to exit your employment 

We always put your best interests first—whether you want to resolve the issue quickly or pursue a formal claim to the fullest extent of the law. 

Why Choose The Jonathan Lea Network? 

• ✅ Experienced employment law specialists with expertise in pregnancy and maternity claims 
• ✅ Compassionate, clear advice throughout your journey 
• ✅ Proven track record in resolving disputes and securing favourable settlements
• ✅ Flexible fee options, including fixed-fee consultations 
• ✅ Remote consultations available for clients across the UK 

We act for professionals and employees across a wide range of sectors, including healthcare, finance, education, and legal services.

Contact Us Today 

If you believe you’ve been discriminated against because of your pregnancy or maternity status, don’t wait. Our employment solicitors are here to support you with advice, advocacy and strategic solutions. 

📞  Call us: [01444 708 640]
📧  Email: wewillhelp@jonathanlea.net
📩  Or submit an enquiry via our Contact Form

Image Credit to Andrej Lišakov