Maternity discrimination at work: know your rights
You announce your pregnancy and the tone shifts. Suddenly you’re left off the project, passed over for the promotion you’d been lined up for, or quietly told the team is “restructuring.” Maybe you come back from maternity leave to find your role has changed shape while you were gone. If any of this feels familiar, you’re not imagining it, and you’re not overreacting.
Maternity discrimination is unlawful in the UK. It is far more common than it should be, and a lot of women experience it without realising there’s a name for what’s happening, let alone a set of legal protections behind them. This guide explains your rights in plain terms, based on the Equality Act 2010 and guidance from ACAS and gov.uk, so you can recognise maternity discrimination and know what to do about it.
What counts as maternity discrimination?
Maternity discrimination means being treated unfairly at work because you’re pregnant, because you’ve taken or want to take maternity leave, or for a reason connected to either. Under the Equality Act 2010, pregnancy and maternity is a protected characteristic, which means the law specifically forbids treating you worse on those grounds.
It can show up in many ways. Some common examples:
- Being turned down for a job because you’re pregnant or might become pregnant
- Being denied training, a promotion, or a pay rise that you’d otherwise have been in line for
- Being sidelined from key projects or clients after announcing a pregnancy
- Being selected for redundancy because you’re on, or about to take, maternity leave
- Having your role significantly changed or downgraded while you’re away
- Comments, jokes, or pressure that make your position feel precarious
The protection runs through what the law calls the “protected period,” which starts when your pregnancy begins and continues until the end of your maternity leave. Unfair treatment outside that window may still count as sex discrimination, so you’re not unprotected the moment your leave ends.
Your rights during pregnancy and maternity leave
UK law gives you a clear set of rights, and it helps to know them before you need them.
You have the right to paid time off for antenatal appointments. Your employer cannot refuse reasonable time off for the appointments your midwife or doctor recommends, and that time is paid at your normal rate.
You have the right to a health and safety risk assessment. Once you’ve told your employer you’re pregnant, they should assess any risks to you and your baby and adjust your working conditions if needed. If they can’t remove a genuine risk, they may need to offer suitable alternative work or suspend you on full pay.
You have the right to take maternity leave without losing your job or your terms. Statutory maternity leave is up to 52 weeks. During that time your contract continues, your annual leave keeps accruing, and your employer cannot treat your absence as a reason to disadvantage you. You can find the detail on eligibility and pay at gov.uk under maternity leave and pay.
You have the right to return to your job. If you take up to 26 weeks (ordinary maternity leave), you’re entitled to return to the same job. If you take longer, you’re entitled to return to the same job or, if that isn’t reasonably practicable, a suitable and similar one on no worse terms.
Maternity discrimination and redundancy
Redundancy is where a lot of maternity discrimination hides, because it can be dressed up as a neutral business decision. The law is clear: you can be made redundant while pregnant or on maternity leave, but only if the redundancy is genuine and you have not been selected because of your pregnancy or leave.
You also have a strengthened protection here. Where your role is at risk of redundancy, you’re entitled to be offered any suitable alternative vacancy that exists ahead of other employees, a form of priority. As of April 2024 this protection was extended in Great Britain to cover pregnancy and a period after you return from maternity leave, not just the leave itself. ACAS sets out how this redundancy protection works and who it applies to.
If you’re selected for redundancy and you suspect your pregnancy or maternity leave played a part, that is a strong signal to seek advice quickly. Ask for the selection criteria in writing and how they were scored.
What to do if it happens to you
If you think you’re experiencing maternity discrimination, you have options, and acting in a measured, documented way protects you.
Start by keeping records. Note dates, what was said, who was present, and any emails or messages. A clear timeline is powerful evidence and it’s hard to build after the fact.
Raise it informally first if you feel able to. Sometimes a manager genuinely hasn’t thought through the impact of a decision, and a calm conversation resolves it. Put a short follow-up in writing so there’s a record.
If that doesn’t work, you can raise a formal grievance. Your employer should have a grievance procedure, and ACAS publishes a free Code of Practice on how grievances should be handled. Following the process matters, because an employer’s failure to handle it properly can count against them later.
Get free, impartial advice early. The ACAS helpline can talk you through your situation confidentially. Citizens Advice and Maternity Action also offer specialist support on pregnancy and maternity rights.
Be aware of time limits. If you decide to bring a claim to an employment tribunal, you normally have only three months less one day from the act of discrimination to start early conciliation through ACAS. That window is short, so don’t wait to take advice.
You deserve to be judged on your work, not your pregnancy
Becoming a mother should never cost you your career. The law is on your side, and knowing your rights is the first step to using them. If something feels off, trust that instinct, write it down, and get advice. You don’t have to work out whether you have a case on your own.
At Karrabina, we believe women should be seen for what they bring, not penalised for the life they’re building alongside it. If you’re returning to work or rebuilding confidence after leave, our guide on KIT days explained covers how to ease back in on your terms, and our writing on the UK gender pay gap explained simply shows how pay fairness connects to all of this.
Join the Karrabina waitlist and be seen for your full potential, not flattened into a CV.
Frequently asked questions
Is maternity discrimination illegal in the UK?
Yes. Under the Equality Act 2010, pregnancy and maternity is a protected characteristic, so it is unlawful for an employer to treat you unfairly because you’re pregnant, have given birth, or have taken maternity leave. This applies to recruitment, pay, promotion, training, redundancy, and your return to work.
Can I be made redundant while on maternity leave?
You can be made redundant during maternity leave only if the redundancy is genuine and you were not selected because of your pregnancy or leave. You also have priority to be offered any suitable alternative vacancy ahead of other staff. If you suspect your leave influenced the decision, ask for the selection criteria in writing and seek advice from ACAS.
How long do I have to make a maternity discrimination claim?
For an employment tribunal claim you normally have three months less one day from the act of discrimination. You must start early conciliation through ACAS before bringing a claim. Because the time limit is short, it’s wise to get advice as soon as you suspect a problem rather than waiting.
Where can I get free advice on maternity discrimination?
The ACAS helpline offers free, confidential guidance on your rights. Citizens Advice and Maternity Action also provide specialist support on pregnancy and maternity issues. These services can help you understand your options before you decide whether to raise a grievance or bring a claim.
This is educational information, not legal advice. Maternity rights, redundancy protection, and tribunal procedures depend on your contract, length of service, and individual circumstances. For guidance on your specific situation, contact ACAS (free and impartial), Citizens Advice, or your HR team.
Last reviewed: June 2026