Pregnant Employees Factsheet

Pregnant employees have special rights in the workplace and failure to comply with these rights could lead to expensive claims in the employment tribunal.

Discrimination

• Treating a woman unfavourably because of pregnancy or maternity is direct discrimination and is unlawful.
• Unlike other discrimination claims, there is no requirement for a comparator in cases of pregnancy or maternity discrimination.
• There is no maximum compensation in discrimination cases.

The Equality Act 2010 expressly provides that it is unlawful to: 

• Treat a woman unfavourably during the “protected period” (i.e. the period beginning on the date the woman becomes pregnant and ending at the end of her statutory maternity leave) because of her pregnancy or because of pregnancy related illness