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.