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. 

Whether you believe you’ve been discriminated against or you are an employer concerned about handling such matters lawfully and fairly and ensuring any dispute is resolved swiftly and in your favour, our experienced employment solicitors are here to help. We provide clear, strategic legal advice to resolve workplace issues promptly and effectively.

What Is Pregnancy and Maternity Discrimination? 

Both employees and employers need to understand what amounts to pregnancy and maternity discrimination under the law.

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

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

This protection applies from the moment they become pregnant until the end of their maternity leave period—even if they 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 was unfavourable because of pregnancy or maternity status.

Common Examples of Pregnancy and Maternity Discrimination 

We regularly advise clients who have faced: 

• Being dismissed, demoted or sidelined after announcing a pregnancy

• Lack of risk assessments or workplace adjustments during pregnancy

• Loss of promotion or training opportunities

• Exclusion from decisions during maternity leave

• Unreasonable return-to-work arrangements

• Being targeted for redundancy

• Pressure to resign or subtle tactics to force them out

We also work with employers who need guidance on:

• Complying with maternity-related obligations

• Handling redundancy processes involving pregnant staff fairly

• Planning reasonable return-to-work procedures

• Ensuring internal policies align with current legislation

• Preventing disputes through proactive risk management

• Should a dispute arise, we will advise you in taking the appropriate legal strategy to defend that claim, including (if necessary) up to the point that there is an Employment Tribunal process.

If any of these situations apply, legal advice at an early stage can prevent escalation.

Rights and Responsibilities During Pregnancy and Maternity Leave 

For employees, you are entitled to:

• Paid time off for antenatal appointments

• Up to 52 weeks of maternity leave

• Statutory Maternity Pay or Maternity Allowance (if eligible)

• Protection from unfair dismissal, redundancy or less favourable treatment

• A guaranteed right to return to your job, or a suitable alternative role

For Employers you must:

• Conduct appropriate pregnancy risk assessments

• Make necessary workplace adjustments for health and safety

• Avoid discriminatory treatment based on pregnancy or maternity

• Handle maternity leave and return-to-work fairly and in line with the law

• Appropriately manage requests for flexible working

We can help you to review and improve these obligations.

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, employers must: 

• Genuinely consult the affected employee

• Offer suitable alternative roles before anyone else

• Base decisions solely on objective, non-discriminatory criteria

If you’re an employee who suspects the process is unfair—or an employer unsure how to approach a redundancy situation—we can guide you through next steps to ensure legal compliance and fair treatment.

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

If You’re an Employee:

• Keep records of all relevant conversations, emails and events

• Raise concerns informally with HR or your manager

• Escalate to a formal grievance if necessary

• Seek legal advice as soon as possible

🕒 Claims to the Employment Tribunal must usually be made within three months minus one day of the last discriminatory act.

If You’re an Employer:

• Review all relevant documentation and actions taken

• Seek early legal input to avoid legal and reputational risks

• Consider mediation or early settlement where appropriate

• Ensure your internal procedures align with legal best practice

How We Can Help 

At The Jonathan Lea Network, our employment solicitors help both employees and employers resolve pregnancy and maternity discrimination issues with professionalism and clarity.

For Employees:

• Assess the strength of your claim

• Draft grievance letters or correspondence

• Represent you in ACAS Early Conciliation or Tribunal proceedings

• Help you secure a settlement agreement, where appropriate

For Employers:

• Review HR practices and provide policy audits

• Advise on maternity leave handling, risk assessments and return-to-work plans

• Draft legal correspondence and defend Tribunal claims

• Support early resolution strategies and settlement negotiations

Whether you’re defending or pursuing a claim, we work to protect your interests and resolve disputes effectively.

Why Choose The Jonathan Lea Network? 

• ✅ Experienced employment law specialists with expertise in pregnancy and maternity claims 
• ✅ Compassionate, clear advice tailored to your situation
• ✅ Proven track record in resolving disputes and securing favourable settlements
• ✅ Flexible pricing, 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 or you are an employer concerned about handling such matters lawfully and fairly, our experienced employment solicitors are here to help. We provide clear, strategic legal advice to resolve workplace issues promptly and effectively.

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

Image Credit to Andrej Lišakov