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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 The core provisions of the Equality Act 2010, which repealed the Sex Discrimination Act 1975, came into force on 1 October 2010.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.


    • Bonuses
    • Maternity
    • Latest News

    Five lesser known maternity rights women must be aware of

    by Beverley Sunderland 20 Aug 2018
    by Beverley Sunderland 20 Aug 2018

    With statistics suggesting autumn is the most popular season to give birth, Beverley Sunderland clarifies some lesser known maternity rights...

    • Brexit
    • Equality, diversity and inclusion
    • Gender

    Women facing routine workplace bias; warning issued on rights after Brexit

    by Adam McCulloch 23 Jul 2018
    by Adam McCulloch 23 Jul 2018

    Survey figures released last week indicate that women are routinely discriminated against at small and medium-sized businesses in the UK...

    • Latest News
    • Pregnancy and maternity discrimination

    Most employers say applicants should disclose pregnancy

    by Rob Moss 19 Feb 2018
    by Rob Moss 19 Feb 2018

    Six in 10 employers (59%) believe a woman should have to reveal she is pregnant during the recruitment process, according...

    • Sexual harassment
    • Pregnancy and maternity discrimination
    • Gender pay gap

    More protection needed against sexual harassment by third parties

    by Ashleigh Webber 23 Jan 2018
    by Ashleigh Webber 23 Jan 2018

    The law should be strengthened to protect women from sexual harassment by third parties, as well as colleagues, a gender...

    • Shared parental leave
    • Maternity
    • Discrimination

    Pregnant women and new mothers need more legal protection

    by Jo Faragher 7 Nov 2017
    by Jo Faragher 7 Nov 2017

    A charity has called for greater legal protections for new mothers, claiming the Government has failed to act on the...

    • Absence
    • Commission
    • Disability discrimination

    HR horrors: How to flee four frightening scenarios

    by Alexandra Bonner and Emily Kearsey 31 Oct 2017
    by Alexandra Bonner and Emily Kearsey 31 Oct 2017

    Halloween is upon us, but what are the most common HR horrors and how should employers deal with them? Alexandra...

    • Pregnancy and maternity discrimination
    • Employment tribunals
    • Trade unions

    Five tribunal claims that will increase in post-fees era

    by Zuraida Curtis 30 Aug 2017
    by Zuraida Curtis 30 Aug 2017

    Following last month’s decision of the Supreme Court declaring that employment tribunal fees were unlawful, the number of tribunal claims...

    • Absence
    • Employment law
    • Fit for Work

    Short-term sickness absence policy: a 15-step guide for HR

    by Stephen Simpson 3 May 2017
    by Stephen Simpson 3 May 2017

    Putting together a short-term sickness absence policy can be one of the most daunting tasks an HR professional can face....

    • Absence
    • Fit for Work
    • Employment law

    Long-term sickness absence policy: a 16-step guide for HR

    by Stephen Simpson 3 May 2017
    by Stephen Simpson 3 May 2017

    A watertight long-term sickness absence policy can give employees who are off work for an extended period the best chance...

    • China
    • Bank holidays
    • Asia

    Seven facts about employment law in China

    by Ashok Kanani 27 Jan 2017
    by Ashok Kanani 27 Jan 2017

    What is the Chinese statutory public holiday entitlement for employees? Do employers have to pay a premium for working during...

    • Department for Business and Trade (DBT)
    • Pregnancy and maternity discrimination

    Government to consult on proposals to stop pregnant women losing jobs

    by Rob Moss 26 Jan 2017
    by Rob Moss 26 Jan 2017

    The Government has pledged to ensure that pregnant women and new mothers are sufficiently protected from redundancy.
    Business minister Margot...

    • Reasonable adjustments
    • Childcare
    • Enhanced pay

    The 10 most important employment law cases in 2016

    by Stephen Simpson 30 Nov 2016
    by Stephen Simpson 30 Nov 2016

    What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments...

    • Tribunal Watch
    • Pregnancy and maternity discrimination
    • Flexible working

    Tribunals accept limits to flexible working after maternity leave

    by Stephen Simpson 17 Oct 2016
    by Stephen Simpson 17 Oct 2016

    In two recent unsuccessful cases, employment tribunals accepted that there is no absolute obligation on employers to accept new mothers’...

    • Pregnancy and maternity discrimination
    • Sex discrimination
    • Maternity and paternity

    EasyJet flight attendants win right to express milk

    by Jo Faragher 30 Sep 2016
    by Jo Faragher 30 Sep 2016

    Two easyJet flight attendants have won the right to express milk for their children while working, in a landmark indirect...

    • Maternity
    • Pregnancy and maternity discrimination
    • Maternity and paternity

    “Urgent action” needed to stop maternity discrimination

    by Jo Faragher 31 Aug 2016
    by Jo Faragher 31 Aug 2016

    The Women and Equalities Committee has called for “urgent action” to stop discrimination against new and expectant mothers at work....

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