Employment law

Pregnancy and maternity discrimination

National law firm Solicitors representing clients across the UK

Reviewed by Abid Hussain, Solicitor

On this page
  1. What counts as pregnancy and maternity discrimination
  2. Your rights while pregnant and on leave
  3. Redundancy protection
  4. Changes coming under the Employment Rights Act 2025
  5. Compensation and time limits
  6. How we help
  7. What it costs
  8. Questions people ask
  9. Ask a question

It is unlawful to treat you unfavourably because you are pregnant, have a pregnancy-related illness, or are on or have taken maternity leave. That covers dismissal, being overlooked for promotion or a pay rise, being pushed out during maternity leave and being made redundant because you are away. You are protected from your first day in the job. We advise employees across England and Wales by phone and video, and in person at our Manchester office.

What counts as pregnancy and maternity discrimination

  • Dismissal because you are pregnant or on maternity leave. This is automatically unfair dismissal, with no qualifying service.
  • Redundancy selection that counts your pregnancy, sickness linked to pregnancy, or maternity leave against you.
  • Losing out on a promotion, bonus, pay rise or training because of pregnancy or leave.
  • Being moved, demoted or having your hours cut on your return.
  • Comments about your commitment, your plans or your ability to cope.
  • Being refused time off for antenatal care, or a health and safety risk assessment.

During your protected period, from the start of pregnancy to the end of maternity leave, you do not need to compare yourself with anyone else; you only need to show the unfavourable treatment was because of the pregnancy or leave. After that period, the claim is usually one of sex discrimination.

Your rights while pregnant and on leave

  • Paid time off for antenatal appointments.
  • A risk assessment of your work, and changes or suspension on full pay where there is a risk.
  • Up to 52 weeks' maternity leave, from day one.
  • Statutory maternity pay for 39 weeks if you qualify: 90% of your average pay for six weeks, then £194.32 a week or 90% of pay if lower.
  • Up to 10 keeping-in-touch days, if you both agree.
  • To return to the same job after 26 weeks' leave, or the same or a suitable job after a longer absence, on terms no less favourable.
  • To ask for flexible working on your return.
  • If you are dismissed while pregnant or on maternity leave, to written reasons without asking.

Redundancy protection

If your role is at risk of redundancy while you are pregnant, on maternity leave, or within 18 months of your child's birth, you must be offered any suitable alternative vacancy ahead of other staff. The 18-month period applies to maternity leave ending on or after 6 April 2024. Failing to offer it makes the dismissal automatically unfair.

Changes coming under the Employment Rights Act 2025

The Act will further restrict dismissing women who are pregnant, on maternity leave or recently returned. The government expects this to start during 2027; no date has been set.

Compensation and time limits

  • Compensation has no cap. It covers lost earnings and injury to feelings. For claims presented on or after 6 April 2026 the bands are £1,300 to £12,600, £12,600 to £37,700, and £37,700 to £62,900. See discrimination at work.
  • For anything that happened on or after 1 October 2026 you have six months less one day to start a tribunal claim, and you must contact Acas for early conciliation first. For earlier events the limit was three months, so check the date with us straight away. Being on maternity leave does not stop the clock.

How we help

We advise on whether what has happened is discrimination, draft a grievance you can send while on leave, check a redundancy process and any offer of an alternative role, negotiate an exit with a settlement agreement if you want to leave, and bring a tribunal claim where needed. We can work around feeds, naps and childcare with calls and video.

What it costs

The first consultation is £80 for half an hour or £200 for an hour, by phone, video or at our office. We then give you a written estimate before each stage. Typical costs for employment claims are on our fees page.

Questions people ask

Can I be made redundant while on maternity leave?

A genuine redundancy can happen while you are on leave, but you must be offered any suitable alternative vacancy first, and the selection must not count your pregnancy or leave against you.

My cover has been kept on and I have been told my job has changed. Is that allowed?

After 26 weeks' leave you have the right to return to the same job. After longer leave you can be offered a suitable alternative only if returning to the same job is not reasonably practicable. Being replaced by your cover is often discrimination.

Do I have to tell my employer I am pregnant?

You must tell them by the 15th week before the expected week of childbirth to take maternity leave. Protection against discrimination applies once your employer knows or suspects you are pregnant.

The time limit runs while I am on leave. What should I do?

Contact us early. We can start Acas early conciliation and protect your claim without you having to attend meetings in person.

Ask a question

Not sure where you stand? Ask a solicitor and we will reply by phone or email, or send an enquiry for a free initial assessment. Call 0161 222 5860, Monday to Friday, 9.30am to 5.30pm.

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