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Why this matters right now

2024-25 tribunal statistics show pregnancy discrimination claims rose 32 per cent year-on-year - the highest rise of any discrimination category. Drivers include the 2023 Redundancy Protection Act extending protected-period rights, tighter tribunal scrutiny of "restructure" timing correlating with pregnancy notifications, and greater employee awareness of injury-to-feelings Vento-band awards.

What counts as pregnancy discrimination

Under section 18 Equality Act 2010, less favourable treatment because of any of the following is unlawful:

  • Pregnancy.
  • Maternity leave.
  • Pregnancy-related illness.
  • Breastfeeding.
  • Requesting or taking pregnancy-related time off (e.g. antenatal appointments).

The protection runs from the start of pregnancy through the end of the maternity leave (or until return to work).

Common examples

  • Not being informed about a promotion or restructure opportunity while on maternity leave.
  • Bonus or pay-rise decisions taken during maternity leave that disadvantage the employee.
  • Being made redundant on return from maternity leave when the role has been given to another employee.
  • Restructure timing that correlates with pregnancy notification.
  • Comments about "commitment to the role" or "future plans" after pregnancy notification.
  • Denial of flexible working request specifically related to childcare.

Case example: dismissal shortly after pregnancy notification

A junior manager notified her employer of pregnancy in September 2024. In November 2024 the employer announced a "restructure" that placed her role at risk. The pool was defined narrowly (just her role, contrary to normal restructure practice) and the alternative role offered was materially inferior. She resigned and brought discrimination and constructive dismissal claims. Tribunal found that (1) the restructure timing was suspicious, (2) the narrow pool was designed to select her, and (3) the alternative role was not genuinely suitable. Award: £45,000 compensation + £20,000 injury to feelings (upper Vento band) + 25 per cent ACAS Code uplift = £81,250. The lesson: restructure timing that correlates with pregnancy is one of the highest-value tribunal grounds.

The 2023 Redundancy Protection Act

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 extended the protected period. Under Regulation 10 Maternity and Parental Leave Regulations (as amended):

  • Protected period: pregnancy notification → 18 months after birth.
  • During protected period: employer has statutory duty to offer any suitable alternative vacancy to the employee ahead of other affected employees.
  • Failure to offer alternative usually makes redundancy automatically unfair.

This is one of the strongest UK employment protections. Any redundancy during the protected period without offering a suitable alternative is very likely to lose at tribunal.

Evidence to preserve

If you suspect discrimination:

  • Emails, chat messages, meeting notes with dates.
  • Timeline of pregnancy notification vs employer decisions.
  • Comparison with treatment of non-pregnant colleagues.
  • Written communications from the employer about restructure, pool, alternative roles.
  • Occupational health reports and pregnancy-related medical records.
  • KIT day communications during maternity leave.

Preserve to a personal device or personal email account before losing access.

Bringing a claim

  1. Raise a grievance in writing (though not statutorily required for discrimination claims).
  2. Notify ACAS Early Conciliation within 3 months less one day of the act complained of.
  3. Tribunal claim thereafter.
  4. No 2-year service qualifier - protects from day one.
  5. No cap on compensation.

Compensation elements

  • Financial loss (lost earnings, pension, benefits) - uncapped.
  • Injury to feelings - Vento bands: Lower £1,200-£12,100, Middle £12,100-£36,400, Upper £36,400-£60,700 (2025-26 uprate).
  • Aggravated damages - where employer conduct was particularly egregious.
  • Exemplary damages - very rare, discretionary.
  • Interest on injury-to-feelings from date of discrimination to date of hearing.

Reasonable adjustments during pregnancy

Pregnancy is not a disability under the Equality Act 2010, but some pregnancy-related conditions may amount to disability. Employers have separate duties for pregnant employees:

  • Health and safety risk assessment specific to pregnancy.
  • Adjust working conditions where risk identified.
  • Offer suitable alternative work if adjustment not possible.
  • Suspend on full pay if no alternative work available.

Failure to conduct assessment or make adjustments can itself be discrimination.

Useful calculators

Related guides

Authority pages

Frequently asked questions

What is pregnancy discrimination in the UK?
Less favourable treatment because of pregnancy, maternity leave, pregnancy-related illness, breastfeeding, or taking pregnancy-related time off. Direct discrimination under section 18 Equality Act 2010. No service qualifier; no cap on compensation. Protected period runs from pregnancy notification to end of maternity leave.
Can I be made redundant while pregnant or on maternity leave?
Redundancy is not automatically unfair, but under the 2023 Protection Act the employer has statutory duty to offer any suitable alternative role to the employee ahead of others in the pool. Protection runs from pregnancy notification to 18 months after birth. Failure to offer alternative usually makes the dismissal unfair.
How much compensation can I get for pregnancy discrimination?
Uncapped. Includes financial loss (lost earnings, pension, benefits) plus injury to feelings (Vento bands: Lower £1,200-£12,100, Middle £12,100-£36,400, Upper £36,400-£60,700 for 2025-26). Aggravated damages available where employer conduct was particularly egregious. Interest on injury to feelings from date of act.
How long do I have to bring a claim?
3 months less one day from the act complained of. Notify ACAS Early Conciliation within this window (extends the tribunal deadline). For a series of related acts, the time runs from the last act.
Do I need 2 years' service to bring a pregnancy discrimination claim?
No. Discrimination claims have no service qualifier - protection applies from day one of employment. Unfair dismissal ordinarily needs 2 years, but automatic-unfair dismissal for pregnancy/maternity reasons also has no service qualifier.

Sources and further reading

General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.