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Pregnancy and maternity discrimination

The law relating to pregnancy and maternity discrimination is governed by the Equality Act 2010. The core provisions of the Equality Act 2010, which repealed the Sex Discrimination Act 1975, came into force on 1 October 2010. While the Equality Act 2010 largely consolidated previous discrimination legislation, it also designated pregnancy and maternity as a protected characteristic in its own right.

The Equality Act 2010 specifically protects women against direct discrimination and victimisation because of the protected characteristic of pregnancy and maternity. While there are no specific provisions in the Equality Act 2010 for indirect discrimination and harassment in relation to pregnancy and maternity, a woman can claim sex discrimination in these cases. For example, many indirect sex discrimination cases are connected with the refusal of employers to allow women returning from maternity leave to work part time.


    • Enhanced pay
    • Shared parental leave
    • Bereavement

    Family-friendly rights: what to look out for in 2020 and beyond

    by Esther Langdon 10 Jan 2020
    by Esther Langdon 10 Jan 2020

    Brexit seemed to put the brakes on progress for family-friendly rights last year, but 2020 and beyond could see some...

    • Latest News
    • Discrimination
    • Pregnancy and maternity discrimination

    Female police officer wins sexism appeal over London allowance

    by Jo Faragher 3 Dec 2019
    by Jo Faragher 3 Dec 2019

    A female police officer’s claim for sex discrimination has been upheld after she did not receive a ‘London allowance’ during her maternity leave.

    • Sexual harassment
    • Gender
    • Equality, diversity and inclusion

    #MeToo at two: how far have we come?

    by Adam McCulloch 15 Oct 2019
    by Adam McCulloch 15 Oct 2019

    The #MeToo movement is two years old this week and has been influential in altering behaviour, bolstering equality and respect...

    • Employment law
    • Latest News
    • Employment contracts

    Back to basics: Employment law foundations critical for all businesses

    by Brenda Charnock 9 Oct 2019
    by Brenda Charnock 9 Oct 2019

    Brenda Charnock examines the case of a woman unfairly dismissed for being pregnant and asks why some employers fail to...

    • Annual hours
    • Discipline
    • Latest News

    Top 10 HR questions August 2019: term-time holiday calculations

    by Brightmine 3 Sep 2019
    by Brightmine 3 Sep 2019

    How should you calculate holiday pay for a term-time worker without regular hours?
    A recent Court of Appeal decision, The...

    • Career development
    • Maternity
    • Latest News

    One in eight reluctant to hire women who may become pregnant

    by Ashleigh Webber 22 Aug 2019
    by Ashleigh Webber 22 Aug 2019

    One in eight (12%) employers would be reluctant to hire a woman who could become pregnant and one in seven...

    • Employee relations
    • Criminal records
    • Fit notes

    Top 10 HR questions July 2019: Spent convictions

    by Brightmine 5 Aug 2019
    by Brightmine 5 Aug 2019

    There are limits to the circumstances in which employers can take a candidate’s past criminal convictions into account when deciding...

    • Adoption
    • Department for Business and Trade (DBT)
    • Shared parental leave

    New parents and expectant mothers to receive more redundancy protections

    by Rob Moss 25 Jul 2019
    by Rob Moss 25 Jul 2019

    The legal protections for pregnant women and new mothers are to be extended to six months after they return to...

    • Latest News
    • Pregnancy and maternity discrimination
    • Maternity and paternity

    Employee wins pregnancy discrimination case

    by Adam McCulloch 24 May 2019
    by Adam McCulloch 24 May 2019

    A woman has won a claim of unfair dismissal and discrimination after resigning from her job because of her employer's attitude toward her pregnancy.

    • Shared parental leave
    • Department for Business and Trade (DBT)
    • Latest News

    MP seeks to rescue new mums’ redundancy protection plans

    by Adam McCulloch 21 May 2019
    by Adam McCulloch 21 May 2019

    The government is accused of dragging its feet over protections for new mothers as a private member's bill is introduced in the House of Commons...

    • Health and safety
    • Maternity
    • Latest News

    Employers ‘failing to take pregnant workers’ health seriously’

    by Ashleigh Webber 15 May 2019
    by Ashleigh Webber 15 May 2019

    Employers need to do “far more” to protect the health and wellbeing of pregnant staff, with travel commitments and irregular...

    • Service provision changes
    • Financial penalties
    • Discipline

    Top 10 HR questions April 2019: Maximum compensation, holiday entitlement and positive action

    by Brightmine 2 May 2019
    by Brightmine 2 May 2019

    The annual increase to the limits on compensation that can be awarded in an...

    • Adoption
    • Shared parental leave
    • Maternity

    Employers should publish new mum retention rates, MPs urge

    by Ashleigh Webber 1 May 2019
    by Ashleigh Webber 1 May 2019

    Large organisations should be forced to publish retention rates for new mothers returning to the workplace in order to tackle...

    • Latest News
    • Indirect discrimination
    • Pregnancy and maternity discrimination

    Removing pregnant police officer from front line was discrimination

    by Ashleigh Webber 18 Mar 2019
    by Ashleigh Webber 18 Mar 2019

    A case where a pregnant police officer was taken away from front line duties and placed in a desk-based role ...

    • Disability discrimination
    • Pregnancy and maternity discrimination
    • Sickness absence

    Tricky sickness issues – employers’ questions answered (webinar available on demand)

    by Brightmine 4 Mar 2019
    by Brightmine 4 Mar 2019

    Tuesday 26 March 2019, 11:00am GMT
    Handling the tricky issues that can arise when an employee is on sick leave...

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Personnel Today
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