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Making Sense of Employment Law – Discrimination in Pregnancy

Pregnancy discrimination – who is protected?

Pregnancy discrimination law protects employees, workers and anyone under a contract to personally carry out work. It covers all areas of employment, including:

  • Recruitment
  • Promotion
  • Training
  • Redundancy selection

In October 2005, the Sex Discrimination Act was amended to prevent discrimination on the grounds of pregnancy. Pregnancy discrimination is now automatically discriminatory  without the need to provide a male comparator. Since October 2010 this type of discrimination has been unlawful under the Equality Act.



Types of discrimination in pregnancy – how pregnancy discrimination cases arise

Pregnancy discrimination describes certain actions by an employer during the period from conception to the end of statutory maternity leave – known as the protected period.

There are many forms of workplace discrimination and pregnancy discrimination is where a woman is treated unfavourably on the grounds of her pregnancy or pregnancy-related illness.

See also maternity discrimination.

If you would like to talk to our pregnancy discrimination lawyers about pregnancy discrimination cases or pregnancy law email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).

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Rights of pregnant women in the workplace

Pregnancy discrimination law gives pregnant women specific workplace rights. Where an employer fails to observe these rights, pregnancy discrimination lawyers can often help bring an Employment Tribunal claim for unlawful discrimination and / or unfair dismissal. We handle many pregnancy discrimination cases.

Pregnant women have the following rights:

Health and safety

Employers must make suitable and sufficient health and safety assessments of the risks pregnant employees face at work.

Ante-natal appointments

All pregnant employees – regardless of hours worked or length or service – have a statutory right to paid time off for ante-natal care.

Pay

An employee is entitled to her normal hourly pay rate during any time off for ante-natal care.

Unfair dismissal

It is automatically unfair to dismiss a woman or to select her for redundancy where the principal reason is connected to her pregnancy. A pregnant woman is also protected against detrimental treatment for reasons connected to her pregnancy, for example, a failure to promote or pay a bonus.

See our Pregnancy and Maternity Discrimination Factsheet for more on detrimental treatment and unfair dismissal.

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Want to talk to us?

If you would like to discuss an issue concerning workplace pregnancy discrimination martin searle solicitors can help. Email Fiona Martin or call your local office on 01273 609911 (Brighton) or 0845 189 0152 (Croydon).