Pregnancy and Maternity

Provisions related to Pregnancy and Maternity (Sections 17 and 18)

Discrimination against women on the grounds of pregnancy or maternity during pregnancy and any maternity period is prohibited under the Act.

There are different provisions covering the work and non-work context.

Pregnancy/maternity - non work cases

This section is designed to replicate the effect of similar provisions in the Sex Discrimination Act prohibiting discrimination in services and premises. It extends the protection to cover discrimination in relation to public functions, education, and to associations, where no such express protection previously existed (though would have fallen within sex discrimination).

It protects a woman from discrimination because of her current or a previous pregnancy. It also protects her from maternity discrimination, which includes treating her unfavourably because she is breast-feeding, for 26 weeks after giving birth.

Outside the 26-week period, she may be protected by the sex discrimination provisions under sex discrimination provisions, and a comparator is required.

Pregnancy/maternity - work cases

It is unlawful discrimination to treat a woman unfavourably because of her pregnancy or a related illness, or because she is exercising, has exercised or is seeking or has sought to exercise her right to maternity leave.

If she is treated unfavourably by her employer because of her pregnancy or maternity leave this is automatically discrimination, with no need to compare with how other workers were treated.

The protected period

The protected period starts when a woman becomes pregnant and continues until the end of her maternity leave, or until she returns to work if that is earlier.

Outside the protected period, unfavourable treatment of a woman because of her pregnancy would be considered as sex discrimination rather than pregnancy and maternity discrimination.

Health and safety exception:

Differential treatment based on sex or pregnancy/maternity at work is permitted where this is to comply with laws protecting women who are pregnant, who have recently given birth or against risks specific to women.

Further information is available on the Government Equalities Office website here.