So, an employee has told you they’re pregnant. If you’re like many employers, your first thoughts may go straight to the practical side of things: How will we manage the workload? Do we need maternity cover? What changes do we need to put in place?
These are understandable questions and concerns. But if the focus stays only on the impact to the business, it becomes easy to miss what this moment means for the person standing in front of you.
UK business mogul, Richard Branson, once said that “if you take care of your employees, they will take care of your clients.”
That principle applies here more than anywhere else. Pregnancy isn’t an inconvenience to be managed, it’s a major life event for someone who has shown up for your organisation day after day. How you respond now will stay with them long after their maternity leave ends.
Because behind every policy and procedure sits a person. That person is someone’s partner, someone’s daughter, someone’s colleague, someone who is balancing anticipation with anxiety, and wondering whether their career will survive the very act of starting a family.
These are not HR problems; they are human ones. And if, as an employer, you choose to look at pregnancy from this perspective, you will already be ahead of far too many workplaces in the UK, because the current figures are damning.
The Damning Statistics Behind Maternity and Pregnancy Discrimination
Recent statistics indicate that pregnancy and maternity discrimination in UK workplaces remains a significant issue.
A survey by Pregnant Then Screwed in February 2025 found that 74,000 women per year lose their jobs due to pregnancy or taking maternity leave, marking a 37% increase from previous figures reported by the Equality and Human Rights Commission.
Furthermore, the survey revealed that half of pregnant women, those on maternity leave, and those returning to work experienced negative treatment in the workplace.
This is despite pregnancy and maternity being protected characteristics under UK employment law. Yet, claims and anecdotal evidence continue to show unlawful treatment of pregnant workers and new mothers, from subtle exclusion to outright dismissal.
When a woman is sidelined, belittled, or penalised for being pregnant or taking maternity leave, the harm suffered is deeply personal, enduring, and unjust. It erodes confidence at a vulnerable life stage and signals to colleagues that care and ambition are incompatible.
Employers have a clear moral duty, grounded in basic decency as well as legal standards, to prevent such discrimination proactively and to take responsibility when it occurs.
That means building policies that genuinely protect, training that changes behaviour, cultures that welcome open disclosure, and swift, accountable responses to concerns.
Creating a supportive, inclusive workplace is both an ethical imperative and a business necessity, because how an employer treats pregnant employees and new parents is a measure of its integrity.
The Legal Framework: Non‑Negotiable Duties
Getting this right isn’t about box-ticking, it’s about understanding what the law expects from you and how easily things can go wrong if the basics aren’t in place.
Equality Act 2010: Protected period, prohibited conduct, and no‑fault protection
Under the Equality Act 2010, pregnancy and maternity receive specific protection. During the “protected period” (from conception to the end of maternity leave), an employee need not compare themselves to others and are not required to prove less favourable treatment on the basis of a comparator.
Unfavourable treatment because of pregnancy, a pregnancy‑related illness, or maternity leave is unlawful. This expansive protection covers recruitment, terms, promotion, appraisal, redundancy selection, and dismissal.
It is key for employers to note the following:
• Unfavourable treatment (not merely less favourable) is sufficient. Protection during pregnancy and maternity is particularly strong: an employee does not have to compare their treatment with that of a hypothetical or actual comparator. If the treatment places them at a disadvantage, causes detriment, or impacts their working conditions negatively because of pregnancy or maternity, this is enough to constitute unlawful discrimination.
• Motive is irrelevant; the question is whether the treatment was because of pregnancy/maternity. An employer’s good intentions do not provide a defence. Even if the employer believes they are acting in the employee’s “best interests,” what matters is the causal link: if the detrimental treatment occurred because the employee was pregnant, had a pregnancy-related illness, or was on maternity leave, it will be discriminatory.
• Harassment related to pregnancy/maternity is prohibited. This includes unwanted conduct – verbal, non-verbal, or behavioural – that violates the employee’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Comments about pregnancy, assumptions about performance, jokes about maternity leave, or negative attitudes towards pregnancy-related absences can amount to harassment.
• Victimisation (detriment for raising complaints) is prohibited. Employees are protected when they raise concerns or assert their rights in relation to pregnancy or maternity. Any adverse treatment – such as exclusion, negative appraisal, disciplinary action, or changes to duties – because they made or supported a complaint constitutes victimisation and is unlawful.
Employment Rights Act 1996: Day‑one rights and dismissal risks
The Employment Rights Act 1996 (ERA) provides essential day‑one protections, including the right to paid time off for antenatal care, protection from detriment for taking such time off, and pregnancy‑related health and safety protections.
Dismissal is automatically unfair if the main reason is pregnancy, childbirth, or maternity leave. No qualifying service is required, meaning that if an employee is dismissed because of pregnancy, childbirth or maternity leave, her dismissal is treated as automatically unfair – the two-year qualifying service requirement does not apply.
Selection for redundancy for pregnancy‑related reasons is unlawful; enhanced redundancy priority during maternity leave applies via regulation.
Health & Safety and Redundancy Priority
| Scenario | Preventative Steps |
| Recruitment and offer withdrawal Asking about pregnancy or family plans, or withdrawing an offer upon disclosure, is unlawful. | Keep questions role-related. Record non-discriminatory, evidence-based reasons behind decisions to withdraw offers. |
| Performance management and absence triggers Applying attendance or performance thresholds to pregnancy‑related absence is unlawful. | Maintain separate codes. Exclude such absences from triggers. Document adjustments. |
| Health and safety adjustments Failure to risk‑assess or to offer suitable adjustments/redeployment may breach both health and safety and discrimination law. | Regularly assess the workplace for potential risks to pregnant employees and new mothers. This includes evaluating physical, chemical, and ergonomic hazards. If risks cannot be mitigated in the current role, consider redeployment to a safer position, ensuring it is suitable and comparable in terms of pay and conditions. Educate managers and staff on the importance of health and safety for pregnant employees, including recognising risks and understanding legal obligations. Implement role‑specific adjustments and antenatal time off where needed. |
| Pay, bonus and benefits Denying contractual benefits during ordinary maternity leave, or pro‑rating bonuses in a way that penalises maternity leave contrary to policy/law, is risky. | Identify the period of protected absence, clarify bonus accrual rules in writing, and follow statutory guidance. |
| Redundancy selection and consultation Selecting because of pregnancy or maternity leave is automatically unfair and discriminatory. | During maternity leave, offer any suitable alternative vacancy in priority. Maintain evidence-based, objective selection criteria and ensure meaningful consultation, including with those on leave. Exclude pregnancy‑related absence from scoring. |
| Return to work and role protection Failure to allow return to the same job after ordinary maternity leave, or improper reassignment, invites claims. | Plan handovers, preserve role content, and consult on any organisational change affecting the post-holder while they are away. |
| Victimisation and culture Penalising employees for raising concerns compounds liability. | Establish confidential reporting channels. Ensure investigations are carried out promptly, and guard against retaliatory behaviour. |
| Training and accountability Inadequate training and accountability can lead to unintentional discrimination, exposing an organisation to legal risks and financial penalties. | Deliver mandatory, periodic training for managers and recruiters focused on unconscious bias, lawful questioning, risk assessments, and handling maternity leave and return‑to‑work. Record attendance of the above and assess understanding. |
| Engagement during leave Failing to engage properly with employees during leave can lead to feelings of isolation and disconnection, impacting on their morale and commitment upon return. | Agree contact preferencesShare key organisational updatesOffer Keeping in Touch daysEnsure inclusion in consultations and opportunities. |
| Early notification protocol Without an early notification protocol, employers may miss the opportunity to make timely adjustments, increasing health and safety risks for pregnant employees. This oversight can lead to legal liabilities and undermine trust between the employer and employees. | Create a supportive disclosure environment; on notification, issue written guidance on rights and benefits, appoint a named HR contact, and commence risk assessment. |
| Structured return Without a structured return process, employees may struggle to reintegrate, leading to decreased morale and productivity. This lack of support can result in higher turnover rates and disrupt team dynamics, negatively impacting on the organisation’s overall performance. | Offer phased reintegration where appropriate, confirm role and terms in writing, and review risk assessments on return.Consider flexible working requests fairly and promptly in accordance with statutory duties. |
| Policy architecture Poor policy architecture can lead to inconsistent practices, increasing the risk of legal non-compliance and discrimination claims. | Maintain clear, accessible policies on equality, pregnancy and maternity, flexible working, absence management, and redundancy, cross‑referenced and legally up to date. |
Employers must assess workplace risks for new or expectant mothers and take proportionate steps including suspension on full pay if risks cannot be mitigated.
Currently, the Maternity and Parental Leave etc. Regulations 1999 afford those on maternity leave priority for suitable alternative vacancies in redundancy exercises.
The Employment Rights Bill is expected to extend redundancy protections to cover pregnancy and a period after return to work, increasing the planning burden on employers and the risk for non‑compliance if processes are not updated.
High‑Risk Scenarios and How Employers Can Avoid Them
What this table shows is simple: pregnancy and maternity discrimination rarely happens through one dramatic decision. It happens through small missteps – a comment here, an assumption there, a process overlooked, a conversation avoided. These small moments create big liabilities.
Getting this right requires more than policies on paper. It requires awareness, consistency, and leadership that sets the tone from the top down.
Consequences of Non‑Compliance
Ensuring compliance is not only a legal obligation but also essential for maintaining a positive workplace culture and protecting the organisation’s interests.
Employers who fail to comply with pregnancy and maternity regulations may face several serious consequences:
1. Legal Liability: Employers can be subject to claims of discrimination under the Equality Act 2010, leading to Tribunal cases. This can result in significant legal costs, compensation awards and bad publicity for the organisation.
2. Reputational Damage: Non-compliance can harm an employer’s reputation, affecting relationships with clients, investors, and potential employees.
3. Employee Morale and Retention: Discrimination can lead to decreased morale and higher turnover, impacting negatively on productivity and increasing recruitment costs.
4. Loss of Talent: Failure to support pregnant employees can lead to the loss of skilled workers, affecting the organisation’s talent pool and competitive edge.
5. Negative Workplace Culture: Non-compliance can result in a culture of inequality and discrimination, leading to a toxic work environment.
6. Increased Absenteeism: Without proper support, employees may experience stress and health issues, leading to higher absenteeism rates.
7. Impact on Diversity and Inclusion Goals: Non-compliance can undermine efforts to promote diversity and inclusion, affecting the organisation’s ability to attract a diverse workforce.
High Bar Set for the Protection of Pregnant Workers
UK law sets a high bar for the protection of pregnant workers and new mothers. The Equality Act 2010 and the Employment Rights Act 1996 create robust, day‑one rights that tribunals enforce rigorously.
With the Employment Rights Bill expected to reinforce these duties further, employers who delay modernising policies, training managers, and embedding fair processes, invite significant legal and reputational damage.
The commercial imperative aligns with the legal one: treat pregnancy and maternity fairly, document objective decision‑making, and create an inclusive culture.
Compliance is not merely about avoiding claims; it is about attracting and retaining talent, enhancing productivity, and safeguarding the organisation’s standing. Now is the time to act.
Because ultimately, how an organisation responds to pregnancy and maternity isn’t just a legal issue, it’s a cultural one. And culture is what your people remember long after legislation or case law changes.
Magara Law: Here to Help You Get This Right
At Magara Law, we believe that employers don’t set out to discriminate, but without the right guidance, processes, and training, even well-meaning organisations can get this wrong.
And when they do, the impact on employees is profound, and the legal and reputational consequences for employers can be significant.
Whether you are reviewing your policies, facing a difficult situation, preparing for organisational change, or simply want to build a workplace where pregnant employees feel safe, valued and supported, we can help.
Our team advises employers across the UK on:
- Pregnancy and maternity discrimination prevention
- Policy reviews, training and compliance checks
- Handling grievances, investigations and risk assessments
- Fair redundancy processes involving pregnant employees and new mothers
- Early intervention to prevent issues escalating into claims
You don’t have to do this alone and you shouldn’t leave it to chance.
Contact Magara Law today for clear, practical and compassionate advice that protects your people and your organisation. Because doing the right thing is good law and good business.