UK Family Right · 2026
What counts as pregnancy discrimination and how do I challenge it?
Statutory rights
Equality Act 2010 — section on legislation.gov.uk">Equality Act 2010 s.18 (pregnancy/maternity discrimination); s.99 ERA 1996 (automatically unfair dismissal); s.13 EqA (direct sex discrimination if discrimination relates to sex more broadly); Maternity and Parental Leave etc. (Amendment) Regulations 2024 — extended redundancy protection from start of pregnancy to 18 months after birth for women whose role is at risk of redundancy.
How to exercise this right
1) Document specific incidents: dates, what was said/done, witnesses, your response, comparators (men/non-pregnant women treated differently). 2) Identify the protected period: from telling employer of pregnancy through to end of maternity leave PLUS extended protection for redundancy purposes (18 months from birth). 3) Raise a formal written grievance citing Equality Act 2010 s.18 and (if applicable) s.99 ERA. 4) Engage with employer investigation. 5) Consider specialist employment lawyer — pregnancy discrimination cases often have very high awards (£25,000+). 6) ACAS Early Conciliation within 3 months less 1 day of the discriminatory act. 7) Tribunal claim follows.
Employer obligations
Not to treat pregnant employees or those on maternity leave less favourably; risk assess pregnancy work; provide reasonable adjustments; consider for promotions/training; not pass over for opportunities; communicate role/restructure changes to women on maternity leave; offer suitable alternative employment in priority during pregnancy + 18 months post-birth in any redundancy.
If your employer refuses
Pregnancy discrimination claims have no service minimum AND no cap on damages. Average tribunal awards are £20,000-£60,000 with high cases reaching £100,000+ where injury to feelings and substantial earnings loss are awarded. Settlement often achieved at ACAS stage. Specialist legal advice is strongly recommended — these are valuable claims employers prefer to settle quickly.
Worked example
Aisha returned from maternity leave to find her senior projects reassigned. She raised a written grievance citing Equality Act s.18 with specific examples (5 named projects taken without consultation, comparators who hadn't been on leave). Investigation upheld. She received: projects restored, £18,000 settlement for injury to feelings, training plan for the manager. Without the s.18 reference and documented comparators, the company would have framed it as 'restructure during her absence'.
Recruiter pro tip
The single highest-leverage move in UK pregnancy discrimination is invoking the EXTENDED redundancy protection (April 2024). Many HR teams haven't fully internalised that protection now extends 18 months from birth — not just during maternity leave. If you've been put at risk of redundancy within 18 months of returning from maternity, you have the priority right to suitable alternative employment. Reference the 2024 Regulations explicitly.
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