Pregnancy discrimination at work (2026): Examples, rights, and compensation

Pregnant employees and those on maternity leave have the strongest employment protections in UK law. Under sections 18 and 39 of the Equality Act 2010, unfavourable treatment because of pregnancy or maternity is unlawful automatically, regardless of intent, comparator, or length of service. Dismissal, redundancy selection, or withdrawal of benefits related to pregnancy will almost always be unlawful. If this has happened to you, a three-month tribunal deadline applies (paused during ACAS Early Conciliation), and many claims succeed where the burden of proof shifts to your employer to prove the treatment was not pregnancy-related. A specialist employment solicitor can assess claim strength and identify financial recovery you might miss alone.

Pregnant or recently dismissed? You have statutory rights, and strict deadlines.

What counts as pregnancy discrimination in the workplace

Pregnancy discrimination occurs when an employer treats you less favourably because of pregnancy, childbirth, or maternity-related circumstances. Under section 18 of the Equality Act 2010, this is automatically unlawful; no comparator is required.

Common scenarios include:

• Failure to reinstate to an equivalent role at the end of maternity leave.
• Withdrawal of flexible working, remote work, or training opportunities once pregnant.
• Dismissal or suspension following pregnancy disclosure or maternity leave notification.
• Refusal to accommodate medical appointments or pregnancy-related sickness absence.
• Redundancy selection disproportionately affecting pregnant employees or those on maternity leave.
• Non-payment of contractual maternity pay, bonuses, or pension contributions during maternity leave.

Your statutory rights at work during pregnancy and maternity

Maternity rights are statutory and automatic; they do not depend on contract terms, length of service, or employer consent. These protections apply to all pregnant employees regardless of hours or contract type.

Legally protected entitlements:

• Paid time off for antenatal appointments without loss of pay or detriment.
• Right to return to the same or equivalent role with no reduction in status or pay.
• Right to statutory maternity leave (up to 52 weeks) without loss of employment contract.
• Protection from detriment (exclusion, harassment, disadvantageous treatment) for exercising maternity rights.
• Right to request flexible working; employer may refuse only on business grounds with documented justification.
• Automatic unfair dismissal (no qualifying service) if dismissed for pregnancy, childbirth, or maternity-related reasons.
• Continued occupational pension contributions during maternity leave (unless contractually suspended by written agreement pre-pregnancy).

Dismissal and redundancy during pregnancy: Automatic unfairness under employment law

Automatic unfair dismissal under section 99 of the Employment Rights Act 1996 applies if pregnancy, childbirth, or maternity status was the sole or principal reason for dismissal or redundancy selection. No length of service is required, and the employer cannot rely on operational convenience or cost.

Protections in dismissal and redundancy:

• Dismissal is automatically unfair if pregnancy, maternity leave entitlement, or maternity rights exercise was the reason (or a contributing reason).
• Redundancy selection is discriminatory if pregnancy status or maternity absence disproportionately influenced the outcome.
• Maternity leave absence cannot be treated as a negative factor in redundancy scoring, selection, or consultation.
• Customer preference, client concerns, or alleged business need do not justify pregnancy-related dismissal.
• Failure to consult, or selective consultation excluding pregnant staff, compounds the unfairness finding.

How to file a pregnancy discrimination claim: Deadlines and tribunal procedure

Time limits for pregnancy discrimination claims are strict and enforced rigorously. A three-month deadline applies from the act of discrimination, and procedural non-compliance frequently leads to rejection unless the tribunal exercises its discretion to extend time.

How to bring a claim:

• Notify ACAS first for mandatory Early Conciliation; th;:is pauses the three-month deadline for up to one month while settlement is attempted.
• File within three months of the discriminatory act (or last act, if continuing discrimination); the tribunal may extend time where it is just and equitable, but this is applied narrowly.
• Submit via ET1 form (online at justice.gov.uk or paper) including facts, legal basis, respondent details, and remedy sought.
• Gather evidence: emails, dismissal letters, redundancy documents, payslips, medical records, and witness statements before time limits expire.
• Serve the respondent: the employer must file a response (ET3) within 28 days; non-response may result in liability judgment in your favour.

How tribunals assess pregnancy discrimination claims

Burden of proof in pregnancy-related discrimination claims is reversed: once you establish basic facts suggesting pregnancy caused the treatment, the employer must prove otherwise. Tribunals routinely apply this reversal in pregnancy cases.

Tribunal assessment framework:

• Your threshold: establish facts from which discrimination is reasonably concluded (e.g., dismissal shortly after disclosure, redundancy of pregnant staff only, withdrawal of benefits).
• Shift to employer: once prima facie case is made, the employer must prove the reason was not pregnancy-related and was not discriminatory.
• Comparators not required: unlike age or sex discrimination, you do not need to show a non-pregnant comparator was treated better; pregnancy discrimination stands alone under statute.
• Causation test: if pregnancy was a contributing cause of the treatment, the claim is likely to succeed; employer intent is irrelevant.
• Limited defences: genuine occupational requirement does not normally apply in pregnancy cases; only objective justification for specific health-and-safety adjustments may apply in rare circumstances.

Compensation for pregnancy discrimination claims

Compensation under the Equality Act 2010 is uncapped and includes lost earnings, maternity pay, benefits, pension contributions, and injury to feelings. The tribunal assesses all recoverable losses using established frameworks.

Compensation components:

• Lost earnings: gross salary from dismissal until tribunal hearing or reasonable mitigation period, including bonuses and commission.
• Maternity pay gap: statutory or contractual maternity pay not paid or reduced during maternity leave or following dismissal.
• Occupational benefits: pension contributions, car allowance, health insurance, training not provided during maternity leave or after dismissal.
• Injury to feelings: assessed by reference to the Vento bands (updated annually); typically £5,000–£30,000 depending on severity, dignity impact, and discrimination duration.
• Aggravated damages: additional compensation if the employer’s tribunal conduct was unreasonable or insulting (e.g., dismissive responses, failure to acknowledge fault).

FAQs

Can my employer dismiss me for being pregnant? No. Dismissal solely or principally because of pregnancy is automatically unfair under section 99 of the Employment Rights Act 1996, regardless of length of service, contract type, or any other factor. This protection applies from the moment pregnancy is disclosed or becomes known.

What if I was dismissed for “performance” or “conduct” during maternity leave? The tribunal will examine whether the true reason was maternity-related. If performance concerns did not exist before maternity leave, or if the concern arose from maternity absence itself, the claim is likely to succeed. The employer must prove the reason was genuine and unrelated to maternity status.

Can I be made redundant while pregnant? Yes—but only if redundancy is genuine, selection criteria are pregnancy-neutral, and you are offered any suitable alternative vacancy before others. Disproportionate selection of pregnant employees or weighting maternity absence as a negative factor is discriminatory.

How much compensation might I realistically receive? Compensation depends on salary, maternity leave length, lost benefits, and injury severity. A dismissal on median salary might yield £18,000-£28,000; higher earners or multiple losses may recover significantly more. Only a tribunal assessment provides a reliable figure for your circumstances.

Must I have written evidence that pregnancy caused the dismissal? Not necessarily, but documentary evidence (dismissal timing relative to disclosure, emails, redundancy documents, absence records) strengthens your case considerably. The tribunal will also assess credibility and consistency of your account versus the employer’s; witness statements support both.

Can I claim if I’ve already left the job? Yes. Claims can be brought during employment or after dismissal, redundancy, or resignation in response to discrimination. The three-month deadline runs from the last discriminatory act, not employment end.

Pregnancy discrimination is automatically unfair and unlawful under the Equality Act 2010. Protection is strong, but tribunal deadlines are strict (three months), and procedural compliance is essential. Early solicitor consultation clarifies claim strength, identifies all recoverable losses, and maximises compensation recovery.

This guidance is not personalised legal advice; consult a regulated employment solicitor for your circumstances.

Locate regulated employment solicitors for pregnancy discrimination claims

Qredible connects you with specialist employment solicitors verified for regulation, experience in maternity rights, and track record in discrimination claims.

KEY TAKEAWAYS:

• Pregnancy discrimination is automatically unlawful under the Equality Act 2010 (sections 18-39); dismissal, redundancy selection, or withdrawal of maternity benefits related to pregnancy constitutes automatic unfair dismissal, with no length-of-service requirement or genuine occupational defence.
• Claims must be presented within three months of the discriminatory act (after ACAS Early Conciliation notification); procedural non-compliance frequently results in rejection, and the tribunal may extend time only where it is just and equitable, which is applied narrowly.
• Compensation is uncapped and includes lost earnings, maternity pay, occupational benefits, pension contributions, and injury to feelings (assessed by Vento bands, typically £5,000–£30,000); early specialist solicitor consultation identifies all recoverable losses and strengthens negotiation and tribunal prospects.