In the UK, employers must fulfil their legal responsibilities towards pregnant women and women who are on maternity leave. Maternity rights are well established within a legal framework of statutory law: the Employment Rights Act 1996 (ERA 1996), the Equality Act 2010 (EA 2010), the Management of Health and Safety at Work Regulations 1999, and the Statutory Maternity Pay (General) Regulations 1986 (amongst other statutes), and in a number of seminal judicial decisions throughout the case law.

Under section 4 of the Equality Act 2010 (as amended), pregnancy and maternity are characteristics which are protected from discrimination.  Under section 18(2) of that Act, a person discriminates against a woman if, in the ‘protected period’, he treats her unfavourably because of the pregnancy, or because of illness suffered as a result of the pregnancy. Furthermore, under s. 18(3) a person discriminates against a woman where he treats her unfavourably because she is on compulsory maternity leave, or under s. 18(4) where she is treated unfavourably for exercising, or seeking to exercise her right to ordinary, additional, or equivalent compulsory maternity leave (the latter since 1^st January 2024).

Although unfavourable treatment in itself is not direct sex discrimination, it is direct discrimination on the grounds of pregnancy and maternity. According to paras. 8.22, and 8.23 of the Equality and Human Rights Commission’s Statutory Code of Practice, examples of unfavourable treatment would be where: the woman is temporarily unable to do her job due to the pregnancy or maternity; she is unable to work because to do so would entail a breach of Health and Safety; where a woman is treated unfavourably because she refuses to carry out any work that would put her unborn baby at risk, or where she is absent/there are performance issues due to a pregnancy related illness.

It follows therefore, that women are also protected from dismissal and detriment because of pregnancy, childbirth, or taking maternity leave.  It is automatically unfair to dismiss an employee or to select her for redundancy if the reason given is linked to her pregnancy, or if she has availed herself of the benefits of maternity leave (s. 99 ERA 1996, Reg. 20 Maternity and Parental Leave Regs. 1999). It is also automatically unfair to dismiss her or select her for redundancy because she has given birth (where the termination of her contract brings Maternity Leave to an end) (Reg. 20(3)(b)). Moreover, a woman is protected from detriment at any time - including during leave, for a reason connected to her pregnancy or maternity leave.

Women also have the right to return to the same job (or a suitable, alternative job with no less favourable terms and conditions), they have priority for alternative employment in redundancy cases, and a right to request flexible working conditions – including the right to request a change in their hours after maternity leave ends.

It follows, therefore, that a woman can bring a claim for discrimination against her employer in the event of a breach of any of her pregnancy and maternity rights; if successful, she is entitled to the basic award (based on the employee’s age, length of service and weekly pay), a compensatory award if unfairly dismissed (up to a maximum 52 weeks pay or £115,115), and damages for injury to her feelings.