Pregnancy And Maternity Discrimination
Claims

Claimants must (unless exempt) notify Acas and obtain an early conciliation certificate before commencing Employment Tribunal proceedings. Provided Acas is notified before the applicable time limit expires, the time limit is paused during early conciliation, which can last up to 12 weeks, and the claimant will have at least one month from receiving the certificate to present the claim.

Section 18 of the Equality Act 2010 protects women against unfavourable treatment because of pregnancy, pregnancy-related illness or maternity leave. The “protected period” begins when the pregnancy begins and, where the employee is entitled to maternity leave or equivalent maternity leave, generally ends when the relevant maternity leave period ends or she returns to work after the pregnancy, whichever is earlier. Where there is no entitlement to maternity leave or equivalent maternity leave, the protected period ends at the end of the 2-week period beginning with the end of the pregnancy, including where the pregnancy ends in miscarriage.

Protection also applies after the protected period has ended, including where a woman is treated unfavourably because of her pregnancy or an illness suffered during the protected period as a result of her pregnancy. A woman is also protected against unfavourable treatment because she is taking or seeking to take, or has taken or sought to take, maternity leave or equivalent maternity leave.

Unlike direct sex discrimination, pregnancy and maternity discrimination under section 18 does not require a comparison with how another person has been or would have been treated.

Unlike ordinary unfair dismissal claims, pregnancy and maternity discrimination claims are not subject to any minimum qualifying period of employment.

If the claim succeeds, the Employment Tribunal may make a declaration as to the rights of the parties, award compensation, and recommend that the employer take specified steps within a specified period to reduce or eliminate the adverse effect of the discrimination on the claimant. If the employer fails to comply with a recommendation without reasonable excuse, the Tribunal may increase the compensation awarded or, if no compensation was originally awarded, order the employer to pay compensation.

Compensation for discrimination is not subject to a statutory cap. Unlike unfair dismissal claims, discrimination compensation is not divided into separate basic and compensatory awards. Instead, compensation is assessed according to the circumstances of the case and may include the following:

• Injury to Feelings: Compensation may be awarded for the distress, humiliation and hurt feelings caused by unlawful discrimination. The criteria for assessing compensation for hurt feelings were set out by the Court of Appeal in the case of Vento v Chief Constable of West Yorkshire (No.2) (2003), as subsequently amended, the most recent amendments being made with effect from the 6th April 2026. As a result of this, there is a top band of £62,900.00 plus for exceptionally serious cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £60,700.00 plus), an upper band of £37,700.00 to £62,900.00 for serious cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £36,400.00 to £60,700.00), a middle band of between £12,600.00 to £37,700.00 (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £12,100.00 to £36,400.00), and a lower band of between £1,300.00 to £12,600.00 for less serious and one-off cases (for cases presented between the 6th April 2025 and the 5th April 2026, the band is £1,200.00 to £12,100.00). The Court in Vento stated that awards for less than the lower band should be avoided. In England and Wales, aggravated damages may also be awarded where particularly high-handed, malicious, insulting or oppressive conduct has caused additional injury to feelings. In Scotland, aggravated damages are not awarded separately, but a tribunal will take any such conduct into account when assessing the award for injury to feelings.
• Loss of Earnings: Normally makes up the bulk of the claim and includes both actual and future loss of earnings. Future loss can be extensive where psychiatric injury has been sustained as a result of the discrimination and makes it difficult for the employee to obtain new and appropriate employment.
• Injury to Health (Personal Injury): Compensation may also be awarded for physical or psychiatric injury caused by unlawful discrimination, where supported by appropriate medical evidence. Any award must avoid duplicating compensation for injury to feelings or other losses. The possibility of pursuing separate civil proceedings depends on the circumstances, and legal advice should be obtained before pursuing claims arising from the same events in different courts or tribunals.
• Ancillary Losses: These can be for items such as the cost of looking for alternative employment and pension loss.
• Interest: Interest on the compensation award can be claimed