Pregnancy and Maternity Discrimination

What is Pregnancy and Maternity Discrimination?

Pregnancy and maternity discrimination occurs when an individual is treated unfairly because they are pregnant, have recently given birth, or are breastfeeding. Under the Equality Act 2010, this type of discrimination is unlawful and applies to all aspects of employment, including recruitment, terms and conditions of employment, training, promotion, and dismissal. This protection extends from the beginning of pregnancy to the end of maternity leave, also known as the "protected period."

Types of Pregnancy and Maternity Discrimination

Direct Discrimination happens when an individual is treated less favourably than another person in a similar situation because they are pregnant or on maternity leave. For example, not offering a job to a qualified candidate after finding out they are pregnant is a form of direct discrimination.

Indirect Discrimination occurs when a workplace policy, practice, or criterion is applied universally but disadvantages people who are pregnant or on maternity leave. For instance, a company policy that requires all employees to work overtime could disproportionately affect those unable to comply due to pregnancy or maternity-related medical appointments.

Harassment involves unwanted behaviour related to a person’s pregnancy or maternity that violates their dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This could include making derogatory comments about someone’s pregnancy or ridiculing them for taking maternity leave.

Victimisation occurs when someone is treated unfairly because they have made or supported a complaint about pregnancy or maternity discrimination. For example, if an employee files a grievance about discriminatory treatment during pregnancy and is subsequently overlooked for a promotion, this could constitute victimisation.

How We Can Help?

At Dutton Gregory, we offer a full range of legal services to help employers manage pregnancy and maternity discrimination issues effectively.

Policy Audits and Development

We can review your existing policies to identify potential risks of pregnancy and maternity discrimination and help you develop or update policies that promote equality and comply with current legislation.

Risk Management

We can work with you to assess the potential risks of pregnancy and maternity discrimination within your organisation and recommend proactive measures to address these risks, reducing the likelihood of costly legal disputes.

Defending Pregnancy and Maternity Discrimination Claims

If your organisation faces a pregnancy or maternity discrimination claim, our skilled solicitors can provide expert legal representation, developing a robust defence strategy to protect your interests. We have a proven track record of successfully defending employers in complex discrimination cases.

Bespoke Training Programmes

We can deliver customised training sessions to educate your HR team, managers, and employees about pregnancy and maternity discrimination and how to prevent it. This includes guidance on best practices for creating an inclusive environment, understanding legal obligations during recruitment, performance management, and handling grievances effectively.

What next?

For more information about employment law advice, please contact us at contact@duttongregory.co.uk or contact Darren Tibble as head of our employment team.