To see all content you need to log in or Subscribe now 

Pregnancy and maternity discrimination


The Equality Act 2010 prohibits discrimination and victimisation relating to the protected characteristic of ‘pregnancy and maternity’.

The test for discrimination looks at whether the individual is treated unfavourably because of her pregnancy or maternity leave. The individual does not have to provide evidence of a comparator, although they may choose to do so to prove the treatment is because of their pregnancy or maternity.

Indirect discrimination and harassment do not apply to the protected characteristic of pregnancy and maternity, although the individual may have a claim under the protected characteristic of sex or sexual orientation.