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 The core provisions of the Equality Act 2010, which repealed the Sex Discrimination Act 1975, came into force on 1 October 2010.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


    • 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...

    • Employment tribunals
    • Pregnancy and maternity discrimination

    54,000 new mothers forced out of jobs every year

    by Rob Moss 24 Jul 2015
    by Rob Moss 24 Jul 2015

    Around 54,000 new mothers a year lose their jobs through pregnancy and maternity discrimination, according to research by the Equality...

    • Tribunal Watch
    • Childcare
    • Military

    Women on maternity leave must keep childcare voucher benefits

    by Stephen Simpson 29 Jun 2015
    by Stephen Simpson 29 Jun 2015

    It is discriminatory to make employees leave a childcare voucher scheme while on maternity leave, according to an employment tribunal....

    • Tribunal Watch
    • Sexual harassment
    • Maternity

    Tribunal watch: £406,000 for architect subjected to maternity discrimination

    by Stephen Simpson 22 Jun 2015
    by Stephen Simpson 22 Jun 2015

    Reports suggest that an employment tribunal has awarded £406,000 to an architect who was subjected to sexist bullying and marginalised...

    • Tribunal Watch
    • Maternity
    • Pregnancy and maternity discrimination

    Tribunal watch: Intensive training requirement led to sex discrimination judgment

    by Stephen Simpson 27 Apr 2015
    by Stephen Simpson 27 Apr 2015

    An employment tribunal has held that a female police officer who was required to attend an intensive firearms training course...

    • Tribunal Watch
    • Bullying and harassment
    • Constructive dismissal

    Tribunal watch: £3.1m for banker falsely labelled “Ms Cokehead”

    by Stephen Simpson 13 Apr 2015
    by Stephen Simpson 13 Apr 2015

    An employment tribunal award of £3.1 million has been given to a former banker who was forced out of her...

    • Tribunal Watch
    • Age discrimination
    • Constructive dismissal

    Tribunal watch: Cricket umpires lose age discrimination case

    by Stephen Simpson 16 Mar 2015
    by Stephen Simpson 16 Mar 2015

    An employment tribunal has rejected the age discrimination claims brought by two former cricket umpires, who were removed from their...

    • Age discrimination
    • Equality, diversity and inclusion
    • Egg freezing

    Plans to finance egg freezing are a step backwards for gender equality

    by Sarah Taylor 21 Oct 2014
    by Sarah Taylor 21 Oct 2014

    Silicon Valley has a problem: it is failing to attract and retain sufficient numbers of talented women. To address this,...

    • Sickness absence
    • Pregnancy and maternity discrimination

    Sickness absence during pregnancy: four key questions for employers

    by Personnel Today 15 Oct 2014
    by Personnel Today 15 Oct 2014

    Employers need to take care when managing sickness absence during pregnancy, to ensure that they comply with their legal duties...

    • Employment law
    • Maternity
    • Discrimination

    Why you should not deny training or promotion to staff on maternity leave

    by Chris Weaver 11 Jun 2014
    by Chris Weaver 11 Jun 2014

    Two recent cases have highlighted the potential risk of employer’s policies on training and career advancement being discriminatory against employees...

    • Case law
    • Data protection
    • Maternity

    Case in point: maternity in surrogacy, pregnancy‑related illness and data protection

    by Eleanor Gelder 28 Mar 2014
    by Eleanor Gelder 28 Mar 2014

    Eleanor Gelder looks at surrogate mothers and their right to maternity leave, dismissals following post-maternity leave absence and what constitutes personal data...

    • Employment law
    • Maternity
    • Equality, diversity and inclusion

    Pregnancy and maternity: can you distinguish between fact and myth?

    by Jeya Thiruchelvam 24 Aug 2012
    by Jeya Thiruchelvam 24 Aug 2012

    Many employers continue to be incredibly nervous when navigating the myriad of potential legal issues surrounding pregnancy and maternity and...

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Personnel Today
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