Pregnancy and maternity discrimination: your rights
The short answer
It is unlawful to treat you unfavourably at work because you are pregnant, have a pregnancy-related illness, or are taking or have taken maternity leave. Dismissal for these reasons is automatically unfair with no qualifying service. If you are selected for redundancy while pregnant or up to 18 months after birth, you have priority for a suitable alternative job.
It is unlawful for your employer to treat you unfavourably because you are pregnant, because of an illness caused by your pregnancy, or because you are on, or have taken, maternity leave. That protection comes from section 18 of the Equality Act 2010 and applies from your first day in the job. Your employer must know, or reasonably should know, about the pregnancy.
Dismissal because you are pregnant or on maternity leave is automatically unfair, with no two-year qualifying period. If you are selected for redundancy while pregnant, or up to 18 months after your child is born, you have the right to be offered a suitable alternative job if one exists. This guide covers Great Britain; Northern Ireland has its own law.
How pregnancy and maternity discrimination works
Unlike most discrimination claims, you do not need to compare yourself with anyone else. The test is whether you were treated unfavourably because of the pregnancy, a pregnancy-related illness, compulsory maternity leave, or taking or trying to take maternity leave.
The protected period
The protection runs from the start of the pregnancy to the end of your additional maternity leave, or your earlier return to work. If you are not entitled to maternity leave, it ends two weeks after the pregnancy ends. Acas notes that for a pregnancy loss before 24 weeks, protection ends two weeks after the pregnancy ends. Treatment after the protected period can still be covered if it relates to something that happened during it.
What this part of the law does not cover
Acas points out that this specific protection covers direct discrimination and victimisation, but not indirect discrimination or harassment. The Equality Act’s indirect discrimination and harassment provisions do not list pregnancy and maternity. That does not leave you unprotected: unfair treatment for these reasons may be sex discrimination or sex-related harassment instead, and Acas says breastfeeding-related discrimination may count as sex discrimination.
Common examples
As an illustration only, unfavourable treatment might include being passed over for promotion after announcing a pregnancy, having pregnancy-related sick days counted towards absence triggers, being given a poor appraisal because of time spent on leave, or losing a bonus earned before maternity leave began. Whether any of these is unlawful depends on the facts.
Your rights while pregnant
GOV.UK lists several rights that apply alongside the discrimination protection:
- Paid time off for antenatal care, at your normal rate of pay. The father or your partner can take unpaid time off for two antenatal appointments.
- Health and safety. Once you tell your employer you are pregnant, it should assess risks such as heavy lifting, long periods standing or sitting, toxic substances and long hours. If a risk cannot be removed, your employer must take reasonable steps or, if that is not possible, suspend you on full pay.
- Maternity leave of 52 weeks, available whatever your length of service as an employee, as long as you give the right notice: at least 15 weeks before your due date.
Our hub on family leave explains maternity leave and pay in more detail.
Dismissal and redundancy
Acas says dismissal because someone is pregnant or on maternity leave is automatically unfair. The usual two-year qualifying period for unfair dismissal does not apply to dismissals connected with family leave. You can also claim pregnancy and maternity discrimination, which has no qualifying period.
If you are dismissed while pregnant, or while on maternity leave, the Employment Rights Act 1996 entitles you to a written statement of the reasons for dismissal without having to ask, regardless of how long you have worked there.
Redundancy is not automatically off the table, but it must be genuine and fair. GOV.UK says that if you are selected for redundancy while pregnant, you have the right to be offered a suitable alternative job if one is available, and this protection lasts up to 18 months from the date your child is born. Being selected because of pregnancy or maternity leave would be discrimination.
Time limits
| When the treatment happened | Time limit for most claims |
|---|---|
| Before 1 October 2026 | 3 months minus 1 day |
| On or after 1 October 2026 | 6 months minus 1 day |
Time runs from the most recent act in your claim. You must notify Acas for early conciliation before claiming, which pauses the clock if done within the limit. A grievance does not stop the clock. The demands of a new baby make deadlines easy to miss, so it helps to note the date as soon as something happens.
What is changing
Acas and the government’s timeline say the Employment Rights Act 2025 will strengthen dismissal protection for pregnant workers and those returning from maternity leave in 2027. On 2 October 2026 there was no confirmed commencement date. The rules above are those that apply now.
What to check in your contract or letter
- Maternity policy: any enhanced maternity pay, and whether you must repay it if you do not return for a set period.
- Bonus and commission terms: how they treat periods of maternity leave and work done before it.
- Sickness absence policy: whether pregnancy-related absence is excluded from trigger points.
- Redundancy policy and selection criteria: whether time on leave counts against you.
- Return to work terms: your job title, hours and location, and any flexible working policy.
- Any dismissal or redundancy letter: the reasons given, and whether alternative roles were offered.
- Probation clauses: whether probation was extended because of pregnancy-related absence.
When it helps to speak to a solicitor
A solicitor can help if you have been dismissed, selected for redundancy, or offered a settlement agreement while pregnant or on leave. A settlement agreement is only binding if you have had advice from a relevant independent adviser on its terms and effect.
Not sure what yours says? Upload your contract or the letter you've been sent, and we'll show you what it gives you, what it asks of you and the deadlines in it, with the wording behind each.
Check my contractCommon questions
When does pregnancy and maternity protection start and end?
Under the Equality Act, the protected period starts when you become pregnant and ends at the end of your additional maternity leave, or when you return to work earlier. If you have no right to maternity leave, it ends two weeks after the pregnancy ends. Acas notes that unfavourable treatment after that period can still be covered if it relates to something that happened during it.
Can I be dismissed while pregnant or on maternity leave?
You can be dismissed for a reason genuinely unrelated to pregnancy or maternity, but Acas says dismissal because you are pregnant or on maternity leave is automatically unfair. You do not need two years' service for this. If you are dismissed while pregnant or during maternity leave, you are entitled to written reasons for dismissal without asking and whatever your length of service.
What happens if my job is made redundant while I'm pregnant or on maternity leave?
GOV.UK says that if you are selected for redundancy while pregnant, you have the right to be offered a suitable alternative job if one is available, and this protection lasts up to 18 months from the date your child is born. Being selected for redundancy because of your pregnancy or leave would be discrimination and automatically unfair dismissal.
Do I have to be paid for antenatal appointments?
Yes. GOV.UK says pregnant employees have the right to paid time off for antenatal care, paid at the normal rate. The father or the pregnant woman's partner has the right to unpaid time off work to go to two antenatal appointments with her.
How long do I have to bring a pregnancy discrimination claim?
For treatment on or after 1 October 2026, Acas says the time limit for most claims is 6 months minus 1 day; for earlier treatment, 3 months minus 1 day. Time runs from the most recent act in your claim, and you must notify Acas for early conciliation first. Many people miss deadlines while on leave, so it helps to diary the date early.
Is the law changing for pregnant workers?
Yes, but not yet. The government's timeline and Acas both say the Employment Rights Act 2025 will strengthen protection against dismissal for pregnant women and new mothers in 2027. No commencement date had been set on 2 October 2026, so the current rules described here still apply.
Sources
- Equality Act 2010, section 18 (pregnancy and maternity discrimination: work cases) checked Fri Oct 02
- Equality Act 2010, section 19 (indirect discrimination: characteristics covered) checked Fri Oct 02
- Equality Act 2010, section 26 (harassment: characteristics covered) checked Fri Oct 02
- Acas: Pregnancy and maternity discrimination (updated 10 June 2026) checked Fri Oct 02
- GOV.UK: Pregnant employees' rights checked Fri Oct 02
- GOV.UK: Maternity pay and leave checked Fri Oct 02
- Employment Rights Act 1996, section 92 (written reasons for dismissal) checked Fri Oct 02
- Employment Rights Act 1996, section 108 (qualifying period and exceptions) checked Fri Oct 02
- Acas: Employment tribunal time limits (updated 1 October 2026) checked Fri Oct 02
- Acas: Employment Rights Act 2025 checked Fri Oct 02
- GOV.UK: Plan to Make Work Pay and Employment Rights Act, timeline update (25 September 2026) checked Fri Oct 02
- Employment Rights Act 1996, section 203 (settlement agreements: independent advice) checked Fri Oct 02
This guide is general information about employment law in Great Britain (England, Wales and Scotland). Northern Ireland has its own employment law. It isn't legal advice and doesn't take your circumstances into account.