Equality - Pregnancy & Maternity
EQUALITY ACT 2010 – Pregnancy and maternity
Pregnancy and maternity is a protected characteristic (PC) under the Act and can be the subject of direct discrimination and victimization. Service providers and employers must ensure that they and their staff do not discriminate against any woman who has this PC.
Service providers
Service providers discriminate against a pregnant woman seeking goods and services if they treat her unfavourably because of her pregnancy.
They also discriminate if, within the period of 26 weeks from the date of birth, they treat her unfavourably because she has given birth and, in particular, treat her unfavourably because she is breast-feeding.
Employers
Employers discriminate against a pregnant employee if, in the protected period related to her pregnancy, they treat her unfavourably because of the pregnancy or because of illness suffered by her as a result of the pregnancy.
The protected period related to the pregnancy begins at the commencement of the pregnancy and ends when her entitlement to statutory maternity leave ends or, if earlier, when she returns to work. If she has no entitlement to statutory maternity leave then the protected period ends after 2 weeks from the end of the pregnancy.
It is unlawful for employers to discriminate against an employee because she is on compulsory maternity leave or for reasons related to her right to exercise her entitlement to statutory maternity leave.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
Equality/preg.& mat.