Sex discrimination, pregnancy and maternity

Pregnancy and maternity discrimination is a claim in its own right, and unlike most discrimination claims it needs no comparator. You do not have to show how a man, or a woman who was not pregnant, would have been treated.

The protected period

Unfavourable treatment because of pregnancy, or because of a pregnancy-related illness, is unlawful during the protected period — from the start of the pregnancy to the end of maternity leave.

The absence of a comparator requirement matters more than it sounds. In most discrimination claims the argument is about how somebody else was or would have been treated. Here the question is simply whether you were treated unfavourably because of the pregnancy. That is a materially easier case to run.

Pregnancy-related sickness absence must be disregarded in absence management and in redundancy selection scoring. Employers get this wrong constantly — counting pregnancy-related absence towards a trigger point, or scoring it in a redundancy matrix, is unlawful and is one of the most common findings against employers in this area.

Where it actually happens

On the announcement. Projects reassigned. Being left off things. A change in tone that everybody notices and nobody documents. A performance process that begins within weeks.

Redundancy during pregnancy or maternity leave. Being made redundant while pregnant or on leave is not automatically unlawful — but an employee on maternity leave who is at risk of redundancy must be offered any suitable alternative vacancy in priority to other candidates, without having to compete for it. Failing to do that makes the dismissal automatically unfair. The protection also extends beyond maternity leave in defined circumstances, so check the current position rather than assuming it ended on your return date.

On the return. The role has been restructured. Someone else is doing it. A flexible working request is refused without proper consideration — and a refusal that cannot be objectively justified can be indirect sex discrimination, because a requirement to work full time continues to disadvantage women disproportionately.

In pay and progression. Missing a pay review while on leave, bonus pro-rated incorrectly, being passed over for promotion after returning part-time.

Sex discrimination more broadly

Direct — being treated less favourably because of your sex.

Indirect — a policy applied to everyone that disadvantages one sex and cannot be objectively justified. A full-time-only requirement is the classic example.

Harassment — unwanted conduct related to sex, and separately, unwanted conduct of a sexual nature. Judged on its effect, not on whether offence was intended.

Victimisation — being treated badly because you complained.

Equal pay operates under its own regime, comparing your terms with those of a comparator of the opposite sex doing equal work, like work, work rated as equivalent, or work of equal value.

Two changes worth knowing about

Since April 2026, sexual harassment is a qualifying disclosure for whistleblowing purposes. That means a complaint about sexual harassment may attract whistleblowing protection as well as Equality Act protection — and whistleblowing detriment and dismissal claims are uncapped and have no qualifying period.

From 30 October 2026, employers must take all reasonable steps to prevent sexual harassment, up from “reasonable steps”, and become liable for harassment by third parties such as clients and customers. Where that duty is breached in a sexual harassment claim, a tribunal can increase compensation by up to 25%.

What a claim is worth

No cap. Financial loss plus injury to feelings under the Vento bands — £1,300 to £12,600 (lower), £12,600 to £37,700 (middle), £37,700 to £62,900 (upper), and more in exceptional cases — with the 25% uplift available in sexual harassment claims where the preventative duty has been breached.

Time limits

Three months less one day currently, rising to six months from 1 October 2026 for acts on or after that date, with Acas conciliation first.

The practical difficulty is that this period frequently falls during maternity leave, when taking legal advice is the last thing on anybody’s mind. If something has happened, take advice early even if you do not intend to act on it yet — the conversation costs nothing and the deadline does not pause.

Questions

Questions people ask us

Can they make me redundant while I am on maternity leave?

Not simply because you are on leave, and not without offering you any suitable alternative vacancy in priority to other candidates — you do not have to compete for it. A failure to do that makes the dismissal automatically unfair.

My pregnancy-related sickness was counted against me. Is that lawful?

No. Pregnancy-related absence must be disregarded in absence management and in redundancy scoring. This is one of the most frequent errors employers make.

They refused my flexible working request. Is that discrimination?

It can be. A refusal that cannot be objectively justified may be indirect sex discrimination, because full-time requirements continue to disadvantage women disproportionately. The reason given for the refusal is usually the whole case.

Do I need a comparator for a pregnancy claim?

No. Pregnancy and maternity discrimination requires only that you were treated unfavourably because of the pregnancy or a related illness. That makes it significantly easier to run than most discrimination claims.

I was harassed but I did not complain at the time. Is it too late?

Not necessarily. Where conduct continued over a period, time generally runs from the last incident, and tribunals have a discretion to extend where it is just and equitable. Get it checked.

The hub

Equality Act 2010 →

Also in this area

Race discrimination at work →

Also in this area

Disability discrimination and reasonable adjustments →

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