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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.