Pregnancy Discrimination

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What is pregnancy discrimination?

If you work and are pregnant or are on maternity leave you have greater rights and protections.

One of these rights is that your employer is not allowed to discriminate against you, either because you are pregnant or because you’re on maternity leave. This means that your employer can’t dismiss you, demote you or discipline you either because of your pregnancy or maternity leave. This is known as discrimination because of pregnancy and maternity leave.

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For example, it would be pregnancy and maternity leave discrimination if you were dismissed or disciplined:

because you have asked to take time off to attend ante-natal classes

because you are unable to do your job during your pregnancy for health and safety reasons

because you asked to take maternity leave or you are on maternity leave.

If you are treated unfairly because you are pregnant or on maternity leave, there are things you can do about it, including raising a grievance with your employer or making a claim to an employment tribunal.

Examples of discrimination because of pregnancy or maternity leave

Here are some examples of situations where your employer may be found to have discriminated against you because you're pregnant or on maternity leave:

if you are suspended from work by your employer for health and safety reasons and do not receive full pay

if you are dismissed because your employer says they can't afford to pay you statutory maternity pay

if you’re unable to go to a disciplinary meeting due to an illness connected with your pregnancy and your employer refuses to re-arrange the meeting

if you're disciplined for having performance issues due to an illness connected with your pregnancy

if your employer fails to carry out a health and safety risk assessment, forcing you to resign

if your employer demotes or dismisses you, or stops you from having training or promotion opportunities, because you are pregnant or on maternity leave

if your employer chooses you for redundancy because you are pregnant

if your employer decides to make people redundant while you're on maternity leave but doesn't consult with you about it.

Your rights to pay and other terms and conditions during your pregnancy and maternity leave

You have the right to keep the same terms and conditions while you’re on maternity leave. However, you don’t have an automatic right to carry on getting your full pay, unless your contract of employment says you do. If you don’t get full pay during maternity leave, this is not pregnancy or maternity discrimination and it isn’t sex discrimination either.

If you’re off work sick because of your pregnancy, you don’t have an automatic right to carry on getting your full pay. You do have the right to be paid whatever your employment contract says you should get when you’re off work sick.

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Time off sick for pregnancy and your sickness record

Time that you take off sick because of an illness resulting from your pregnancy, such as high blood-pressure, shouldn’t count towards your sickness record at work. This includes any time you take off because of a miscarriage.

If you are  disciplined or dismissed because of your sickness record when you're pregnant, this may be discrimination. You should get advice.

If your employer decides to dismiss you for taking too much time off sick when that time was due to being pregnant, this is likely to be pregnancy and maternity discrimination. You can make a claim to an employment tribunal about this.

If you take time off because of an illness connected with your pregnancy, or because of a miscarriage, this should be recorded. You might want to keep your own records of time you have taken off sick because of your pregnancy.

Not all time taken off sick when you’re pregnant may be to do with your pregnancy. For example, you may have a cold or the flu. If you’re off sick for a reason which has nothing to do with your pregnancy, this can be treated the same as the usual sick pay policy.

Example

You’re pregnant and have been off sick with a pregnancy-related illness since early in your pregnancy. Your employer dismisses you because their sickness policy says you can’t be off work sick for more than 20 weeks in a row. If all of this time off was due to pregnancy-related illness, this is discrimination.

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Time off for ante-natal care

If you are pregnant, you are entitled to paid time off for ante-natal care. Ante-natal care can include medical examinations, relaxation and parenting classes. Your employer must allow you to take time off for ante-natal appointments and to pay you for this time as long as what you’re asking for is reasonable.

Example

You’ve booked time off to go to a medical appointment related to your pregnancy. Your employer insists this time must be made up for through flexi-time arrangements or your pay will be docked. This is pregnancy discrimination. You can make a complaint to your employer by taking out a grievance and, if necessary, making a claim to an employment tribunal.

If you’re the partner of a pregnant woman, you don’t have the right to paid time off to go to ante natal  appointments. However your employer may choose to give you this time off or you may be able to take the time off as holiday or unpaid leave.

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Do you have a right to time off work to have fertility treatment?

If you’re a woman, you don’t have a right to paid time off for in vitro fertilisation (IVF) or any other fertility treatment. However, if you are dismissed or treated unfavourably because you are having IVF treatment, this may count as sex discrimination. You should get advice. Once a fertilised embryo has been implanted, you will be legally pregnant. You will then be entitled to time off for ante-natal care as well as all the protection from discrimination that other pregnant women are entitled to.

Applying for a job if you are pregnant or on maternity leave

An employer can’t refuse to employ you just because you’re pregnant. They should base their decision on whether you have the skills to do the job, not on whether you are pregnant. You don’t have to tell the employer that you’re pregnant when you apply for the job. If you do tell the employer you are pregnant at interview and are not offered the job because of this then this will be pregnancy discrimination.

If you don't tell the employer that you're pregnant and they give you the job, they must not dismiss you when they find out about the pregnancy.

Example

You apply for a job as a training instructor. On the basis of your application form and interview, the employer decides you are the best person for the job and offers it to you. But, you’ve just found out you’re pregnant and tell the employer when you accept the offer. The employer changes their mind and withdraws the job offer. This is discrimination and can't be justified. You can make a claim about it to an employment tribunal.

What can you do about pregnancy and maternity discrimination?

If you are experiencing pregnancy and maternity discrimination, take action as quickly as possible.

tell your manager what is happening. Put it in writing and keep a copy. Your employer is required by law to protect you from pregnancy and maternity discrimination. If it is your manager who is discriminating against you, tell someone higher up in the organisation

talk to your personnel department or trade union. They might be able to help you stop the discrimination

get advice.

collect evidence. This could include keeping a diary or record of the time, date and location of any incidents, what was said or done, who was involved, if there were any witnesses and evidence of any similar incidents against other colleagues.

You may find it helps to have the support of a colleague or trade union representative when you take some of this action.

Also see Discrimination at Work and Harassment at Work

How do I make a Discrimination or Harassment Claim?

If you are being discriminated or harassed in any way the call and speak to one of our network of solicitors and will handle you claim. They will process your claim and update you every step of the way until they have claimed the maximum amount of compensation to ease any suffering that you have had.

You can call our harassment claim line on 0845 519 7798 to speak to one of our harassment claim specialists or complete our online contact form and we will call you back within the hour.