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 The core provisions of the Equality Act 2010, which repealed the Sex Discrimination Act 1975, came into force on 1 October 2010.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


    • Case law
    • Maternity
    • Pregnancy and maternity discrimination

    Workplace maternity discrimination: 10 common scenarios in tribunals

    by Stephen Simpson 23 Aug 2016
    by Stephen Simpson 23 Aug 2016

    The Citizens Advice Bureau reports that it has seen a 58% increase in the number of maternity leave queries in...

    • Brazil
    • Constructive dismissal
    • Health and safety

    Zika and employees – an unfortunate Olympic challenge

    by Ed Stacey 5 Aug 2016
    by Ed Stacey 5 Aug 2016

    Ed Stacey examines whether employees can be forced to work in Brazil in light of the Zika virus

    • Reasonable adjustments
    • Case law
    • Childcare

    Five important employment law cases in 2016… and five more to come

    by Stephen Simpson 21 Jul 2016
    by Stephen Simpson 21 Jul 2016

    Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…

    • Acas
    • Early conciliation
    • Employment tribunals

    MPs recommend substantial cut to employment tribunal fees

    by Rob Moss 20 Jun 2016
    by Rob Moss 20 Jun 2016

    A committee of MPs has concluded that the introduction of employment tribunal fees has had a “significant adverse impact” on...

    • NHS
    • Equality, diversity and inclusion
    • Industrial action / strikes

    Government publishes equality impact assessment as BMA launches judicial review

    by Rob Moss 31 Mar 2016
    by Rob Moss 31 Mar 2016

    The Department of Health has today made changes to the contract it is imposing on junior doctors in England following...

    • Brexit
    • Case law
    • Europe

    EU referendum: 12 European cases that have shaped UK employment law

    by Stephen Simpson 31 Mar 2016
    by Stephen Simpson 31 Mar 2016

    The “Brexit” referendum on whether or not the UK should withdraw from the European Union takes place on 23 June...

    • Department for Business and Trade (DBT)
    • Employment tribunals
    • Family-friendly working

    “Shocking scale” of maternity discrimination revealed

    by Rob Moss 22 Mar 2016
    by Rob Moss 22 Mar 2016

    As many as 390,000 female workers a year have a “negative or possibly discriminatory” experience during pregnancy and maternity leave,...

    • Adoption
    • Shared parental leave
    • Dismissal

    Q&A: Providing a written statement of reasons for dismissal

    by Personnel Today 11 Mar 2016
    by Personnel Today 11 Mar 2016

    Some employees have an automatic right to a written statement of reasons for dismissal, others are entitled only if they...

    • Childcare
    • Case law
    • Maternity

    Suspending childcare vouchers during maternity leave is lawful

    by Personnel Today 10 Mar 2016
    by Personnel Today 10 Mar 2016

    Employers do not have to provide childcare vouchers during maternity leave when offered through salary sacrifice, the Employment Appeal Tribunal...

    • Childcare
    • Case law
    • Maternity

    Suspending childcare vouchers during maternity leave – EAT appeal

    by Stephen Simpson 26 Jan 2016
    by Stephen Simpson 26 Jan 2016

    Is an employer obliged to continue to provide childcare vouchers during maternity leave? The Employment Appeal Tribunal (EAT) last week...

    • Maternity
    • Health and safety
    • Pregnancy and maternity discrimination

    Maternity leave return: five key actions for employers

    by Felicity Alexander 8 Dec 2015
    by Felicity Alexander 8 Dec 2015

    Aside from making arrangements to welcome an employee back from maternity leave and settling her into work, there are other...

    • Tribunal Watch
    • Discipline
    • OH employment law

    MoD dismissal of sick worker who appeared as medium judged fair

    by Stephen Simpson 21 Sep 2015
    by Stephen Simpson 21 Sep 2015

    A Ministry of Defence (MoD) employee was fairly dismissed for making public appearances as a medium while on sick leave,...

    • Austria
    • Disability discrimination
    • Bank holidays

    Eight important facts about employment law in Austria

    by Fiona Cuming 16 Sep 2015
    by Fiona Cuming 16 Sep 2015

    Austria offers its citizens some of the most generous holiday entitlements in the world, with some staff entitled to as...

    • Tribunal Watch
    • Case law
    • Disability discrimination

    Mother dismissed over absenteeism suffered sex discrimination

    by Stephen Simpson 14 Sep 2015
    by Stephen Simpson 14 Sep 2015

    An insurance company committed sex discrimination against a mother dismissed over absenteeism linked to her daughter’s ill health, an employment...

    • Maternity
    • Pregnancy and maternity discrimination
    • Legal opinion

    Child’s play: managing maternity discrimination

    by Janvi Patel 11 Aug 2015
    by Janvi Patel 11 Aug 2015

    Research issued last month by the Equality and Human Rights Commission showed that 54,000 new mothers are forced out of...

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