Maternity discrimination in the workplace

How maternity discrimination affects thousands of pregnant women each year

Women who have just had or are about to have a baby can feel vulnerable – their entire world has changed. Sadly, many also find they become subject to maternity discrimination. It is more common than you may expect, so our employment solicitors have looked at how it affects families and what can be done about it.

What is maternity discrimination?

The Equality Act 2010 protects women against direct discrimination and victimisation because of the characteristic of pregnancy and maternity.
Maternity discrimination is when you are treated unfairly – worse than somebody else – because you:

– Are pregnant
– Are breastfeeding
– Have given birth

This could be one-off or ongoing unfavourable treatment, and it can even be unintentional and still be classed as discrimination. One example of maternity discrimination could be applying for a promotion at work while pregnant. Although you are the best candidate for the job, the role is given to someone else by the employer. This could be because your employer is looking to avoid paying the increased maternity leave rate or provide cover for you during maternity leave.

Protection against maternity discrimination

Under the Equality Act, when it comes to pregnancy and maternity, the act protects you from discrimination from the moment you are pregnant to the end of your maternity leave when you return to work.

If you are employed and pregnant, you are entitled to 52 weeks (1 year) of maternity leave, no matter how long you’ve worked for your employer. This is made up of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave.. That period of time is called the ‘protected period’. When women return to work after or during the 26 weeks of maternity leave, they are entitled to return to the same job position. If upon your return, your employer can show it is not reasonable for you to return to the same role, you must be offered a suitable alternative job role within the company. The act also protects women during the protected period when they have an illness due to pregnancy.

Unlawful maternity discrimination relates to incidents during an employee’s maternity leave, whether it is compulsory or additional maternity leave. It is unlawful maternity discrimination if you are treated unfairly because you are on compulsory maternity leave, are taking, or are trying to take standard or additional maternity leave, or have already tried to take or have taken such leave.

What is the new law to help pregnant women and new parents stay in work?

The Protection from Redundancy Bill provides extended protection to new parents from redundancy to the time of pregnancy, adoption and shared parental leave and for a set period after they return to the workplace. If it becomes law, employers must abide by their statutory duty to prioritise pregnant women if redundancy were to occur by providing them with a suitable alternative job role if their current job role were to be at risk. South Yorkshire MP Dan Jarvis proposed the bill, and in November 2022, it was passed unanimously by MPs in Parliament. It will go on to its third reading in February 2023 in the next stage before becoming law. During the debate, Mr Jarvis told Parliament: “We know the official numbers are that 54,000 women lose their jobs yearly because they are pregnant. “As we can all imagine, that has a devastating impact on them, but also, of course, on the wider family unit.”

The impact of maternity discrimination

Research by the Department for Business, Innovation and Skills and the Equality and Human Rights Commission found in 2016 that three out of four mothers said they had a negative or potentially discriminatory experience during pregnancy, maternity leave or upon their return from maternity leave. As well as the considerable emotional impact, mothers have been discouraged from attending antenatal appointments and feel forced to leave their jobs. This, in turn can significantly affect a family’s finances and well-being.

Help if you have been subject to maternity discrimination

If you have been subject to maternity discrimination, you can take action in the employment tribunal. Please be aware that important time limits apply, you have just three months less one day from the date of an unlawful act to take action, so don’t delay seeking advice. This article covers some of the main examples of discrimination. If you believe you have been unfairly treated, you should seek specific legal advice. Taylor Bracewell is one of the longest-established law firms in Sheffield and Doncaster. We can offer employment law advice to help you with your query.