Pregnancy and Maternity
Pregnancy and maternity are protected characteristics under the Equality Act 2010, meaning individuals cannot be discriminated against due to pregnancy, maternity leave, or breastfeeding. Employers have a legal obligation to provide a safe, fair, and supportive workplace for pregnant employees.
| Key Employee Rights | What Employers Must Do |
|---|---|
| Protection from dismissal or redundancy due to pregnancy | Conduct risk assessments to prevent workplace hazards for pregnant employees |
| Right to maternity leave (up to 52 weeks) | Allow time off for antenatal appointments (fully paid) |
| Statutory Maternity Pay (SMP) for eligible employees (up to 39 weeks) | Implement fair policies ensuring pregnancy-related absences are not counted as standard sickness |
| Right to paid time off for antenatal appointments | Prevent dismissal, demotion, or discrimination due to pregnancy or maternity leave |
| Right to breastfeed in public without discrimination | Foster an inclusive work culture supporting equality, diversity, and inclusion |
| Protection against pregnancy-related discrimination at work |
Key Legal Concepts
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All employees are entitled to up to 52 weeks of maternity leave.
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Fathers or partners may be eligible for up to 2 weeks of paternity leave following the birth or adoption of a child.
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Employers should have a policy setting out the types and amounts of leave available, and the rate of pay.
Case Law
Mrs. L Herring vs. J Lovric & Sons
Mrs. Herring was dismissed due to pregnancy-related illness, leading to an unfair dismissal ruling by the Employment Tribunal.
Significance: Reinforces that pregnancy-related discrimination is unlawful.
What’s Protected and What Isn’t?
| Protected | Unprotected |
|---|---|
| Dismissal or redundancy due to pregnancy | Time off for fertility treatment |
| Hiring discrimination due to pregnancy | Surrogate mothers (no maternity leave unless keeping the baby) |
| Pregnancy-related sickness (should be recorded separately from standard sickness absence) | Miscarriages before 24 weeks (no automatic maternity leave) |
| Required workplace risk assessments | Pregnancy complications before notifying the employer |
How Employers Can Support Pregnant Employees
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Ensure pregnancy-related rights are clearly outlined in workplace policies.
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Offer remote work or adjusted schedules for employees experiencing pregnancy-related health issues.
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Provide private spaces for expressing milk if required.
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Promote equality and non-discrimination in promotions and training.
“Employers who proactively support pregnant employees foster a positive, legally compliant workplace while reducing risks of discrimination claims.”