Pregnancy Discrimination in the Workplace

Pregnancy discrimination in the workplace is more common than many people realise. Being treated unfairly at work because of pregnancy, maternity leave, or a pregnancy-related condition can be deeply distressing. This is particularly true at a time when you need stability and support most.

Pregnancy discrimination occurs when an employee is treated unfavourably because of pregnancy, childbirth or maternity. It is unlawful under the Equality Act 2010 and the Employment Rights Act 1996.

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Maternity Discrimination in the Workplace

Maternity discrimination in the workplace can have a serious impact on your career, finances and wellbeing. It can lead to missed opportunities, unfair treatment and unnecessary pressure at a vulnerable time. You may have grounds for a legal claim if you have experienced:

Unfair treatment because of pregnancy or a pregnancy-related illness
Being selected for redundancy while on or returning from maternity leave
Missing out on a promotion or pay increase due to pregnancy or maternity absence
Pressure to return to work early from maternity leave
Having your role changed or removed while on maternity leave
Harassment or inappropriate comments about your pregnancy or maternity leave
Disciplinary action linked to pregnancy-related absence or performance
Being denied flexible working or reasonable adjustments on return

In many cases, employers may offer a settlement agreement once a dispute arises. It is important to understand whether the offer properly reflects the value of your potential claim before agreeing to anything.

If your employer has offered you a settlement agreement in connection with maternity discrimination, it is important to get specialist legal advice before you sign anything. At Settlement Agreement Advice, our employment solicitors can help you understand your rights, assess the value of your claim and negotiate a fair outcome.

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What Is Pregnancy and Maternity Discrimination?

Pregnancy and maternity discrimination in the workplace is unlawful under the Equality Act 2010. Pregnancy and maternity are protected characteristics, which means you cannot lawfully be treated unfavourably because of pregnancy or because you are on or have taken maternity leave.

Protection applies from the moment you become pregnant and continues throughout your maternity leave period.

What is Direct Pregnancy Discrimination?

Direct pregnancy discrimination is being treated less favourably because of pregnancy, a pregnancy-related illness or because you have taken or intend to take maternity leave.

What is Maternity Discrimination?

Maternity discrimination in the workplace occurs when you are treated unfavourably because you are on maternity leave or have recently returned from it.

Redundancy During Maternity Leave

Being selected for redundancy while on maternity leave, or in circumstances connected to your pregnancy or return, can amount to automatically unfair dismissal.

Failure to Offer a Suitable Alternative Role

If your role is made redundant while you are on maternity leave, your employer must offer you any suitable alternative vacancy before offering it to other employees.

What is Pregnancy-Related Harassment?

Pregnancy-related harassment is unwanted conduct related to pregnancy or maternity that creates a hostile or offensive working environment.

What is Pregnancy-Related Victimisation?

Pregnancy-related victimisation is being treated unfairly because you have raised or supported a complaint about pregnancy or maternity discrimination.

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2026 Legal Updates: Stronger Protections for Pregnant Workers and New Mothers

The law around pregnancy discrimination in the workplace continues to strengthen. There are several important updates in 2026 that employees should be aware of.

The Protection from Redundancy Act – Now Fully in Force

The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 is now fully in force. It means employers must prioritise offering suitable alternative roles to pregnant employees and those on maternity leave, not just during leave, but up to 18 months after birth.

Enhanced Dismissal Protections on the Way

The Employment Rights Act 2025 introduces enhanced protections against dismissal for pregnant workers and those on and returning from maternity leave. Further reforms are expected in 2027.

Increased Injury to Feelings Awards

From 6 April 2026, the Vento bands, which set the level of injury to feelings awards in discrimination claims, have increased. The upper band now covers the most serious cases up to £62,900, with exceptional cases exceeding that figure. This means the potential value of a pregnancy or maternity discrimination claim is higher than ever.

Statutory Maternity Pay Increase

From 6 April 2026, Statutory Maternity Pay has increased to £194.32 per week, up from £187.18. This applies after the first six weeks, which continue to be paid at 90% of average earnings. If your employer is failing to pay you the correct rate of Statutory Maternity Pay, this may form part of a wider dispute about your treatment at work.

Day One Rights for Paternity and Parental Leave

From April 2026, paternity leave and unpaid parental leave have become day one rights, removing previous qualifying service requirements.

If you have experienced pregnancy discrimination in the workplace, these changes may be relevant to your claim. Our employment solicitors can advise you on how the latest legal developments affect your position.

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Common Examples of Pregnancy and Maternity Discrimination at Work

Our settlement agreement solicitors regularly advise employees who have experienced pregnancy and maternity discrimination at work, including:

Being passed over for promotion after announcing a pregnancy
Redundancy selection that coincides with maternity leave
A role being changed or downgraded upon return from maternity leave
Pressure to confirm a return-to-work date sooner than legally required
Exclusion from pay reviews, bonuses or salary increases during maternity leave
Negative performance reviews linked to pregnancy-related absence
Inappropriate comments or behaviour from managers or colleagues
Settlement agreements offered after raising concerns about maternity treatment

If any of these situations apply to you, we can assess your position and advise on whether you may have a claim worth pursuing or settling.

Settlement Agreements and Pregnancy Discrimination

Employers often use settlement agreements to resolve pregnancy discrimination in the workplace without the need for an employment tribunal.

A settlement agreement is a legally binding contract where you agree not to bring legal claims against your employer in exchange for compensation. You must receive independent legal advice before signing.

Maternity discrimination in the workplace can be particularly serious where redundancy, loss of earnings or a sustained pattern of unfair treatment is involved. Timing also matters; the circumstances surrounding the offer can significantly affect the value of your claim.

Our employment solicitors will:

Review your agreement
Explain your legal position clearly and simply
Assess whether the offer reflects the value of your claim
Negotiate an improved settlement where appropriate

Why Choose Settlement Agreement Advice?

We specialise exclusively in employment law and settlement agreements, providing you with focused, practical advice.

Same-day review and advice available
Legal fees usually covered by your employer
Strong experience in discrimination settlement negotiations
Regulated by the Solicitors Regulation Authority (SRA)
Members of the Employment Lawyers Association

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Speak to an Employment Solicitor Today

If you have experienced pregnancy discrimination in the workplace and have been offered a settlement agreement, do not sign until you have taken independent legal advice.

Our employment solicitors are available Monday to Friday and can advise you the same day.

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Frequently Asked Questions

Can I negotiate a settlement agreement for pregnancy discrimination?

Yes. Settlement agreements are fully negotiable. In cases involving pregnancy discrimination in the workplace, employers are often keen to resolve matters quickly and avoid tribunal proceedings, which can give you strong negotiating leverage.

At Settlement Agreement Advice, our solicitors regularly secure improved outcomes for clients in exactly these circumstances.

Is compensation for pregnancy discrimination taxable?

Compensation in pregnancy discrimination cases can be treated differently depending on what it relates to.

The £30,000 tax-free threshold: Termination payments up to this limit may be received free of income tax

Injury to feelings: Where compensation relates to discrimination experienced during employment, this can often be paid without income tax, depending on how the payment is structured

Termination-related payments: If injury to feelings is linked directly to the end of employment, it may fall within the £30,000 limit rather than being treated separately

Our employment solicitors will explain how your settlement is structured and ensure you understand any tax implications before you sign.

Do I have to sign a settlement agreement?

No. You are never required to sign a settlement agreement. If you choose not to, you may still be able to bring a claim at an employment tribunal.

We will always advise you on whether the offer reflects the value of your potential pregnancy discrimination claim and whether it is in your best interests to accept or negotiate further.

How long does the settlement agreement process take?

In most cases, we can review your settlement agreement the same day we receive it. Where negotiation is required, the process usually takes around seven days, depending on how quickly your employer responds.

Will my employer pay my legal fees?

Yes, in most cases. Employers usually contribute to your legal fees as part of the settlement agreement. This means you will typically not have to pay for your legal advice.

Does redundancy during maternity leave strengthen my claim?

Yes. Being made redundant during maternity leave or in circumstances connected to your pregnancy or return from leave can amount to automatically unfair dismissal as well as maternity discrimination in the workplace. This can significantly increase the value of your claim.

We will assess the full circumstances of your situation when advising you on your options.

Can my settlement agreement be kept confidential?

Yes. Most settlement agreements include confidentiality clauses covering the terms of the agreement and the circumstances leading to it. However, confidentiality is not absolute. Certain legal protections mean you cannot be prevented from:

Reporting a crime to the police
Seeking legal advice
Speaking to a regulated healthcare professional

These protections apply where you are, or reasonably believe yourself to be, affected by wrongdoing or unlawful treatment. Any clause attempting to restrict these rights would not be enforceable.

Our employment solicitors ensure that all confidentiality provisions comply with current legal requirements and will clearly explain what you can and cannot disclose before you sign.

Complete your agreement in 3 easy steps

Start

Start by clicking "Start process", calling us, or requesting a callback from us.

Get Advice

We'll give you free legal advice on what your settlement agreement means and what your options are on the same day as we receive it. Negotiation services are available where applicable.

Sign-Off

Once you're happy with your employer's terms, sign and return it to us. We'll speak with your employer to seek closure that same day. We'll return your completed agreement so you can get back on with your life.

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