New Guidance To Help Prevent Pregnancy And Maternity Discrimination In The Workplace

Acas has issued comprehensive guidance on pregnancy and maternity discrimination. The guidance aims to help employers comply with their legal obligations and create an accommodating working environment for women who are pregnant or on maternity leave.

Under the Equalities Act 2010, pregnancy and maternity is a protected characteristic, meaning that employees are protected from being discriminated against or victimised due to maternity or pregnancy. To show discrimination a woman needs to show that 'but for' her pregnancy/maternity leave she would not have been treated unfavourably. To show victimisation a woman needs to show that she suffered detriment.

An employee is protected against this sort of discrimination from the moment she becomes pregnant to the moment her maternity leave ends, she returns to work or decides to leave employment. In addition, an employee may be protected under this characteristic after this period is over because of a decision made during that period which resulted in unfair treatment. An employee may also make a claim for sex discrimination, another protected characteristic under the Equalities Act 2010, because she has been treated less favourably due to her sex.

There is no minimum length of employment before an employee will be protected under the Equality Act. Instead, discrimination is unlawful from the moment the role is advertised to the employee's last day of work and beyond.

Last year Acas received more than 14,000 calls about pregnancy and maternity issues, this was an increase of almost 10% on the previous years' calls. Earlier this year the Department for Business, Innovation and Skills and the Equality and Human Rights Commission released a report which found that one in nine mothers reported that they were either dismissed, made compulsorily redundant (whereas others in the same workplace were not) or treated so poorly that they felt they had to leave their job. These are shocking statistics. The report also found that one in five mothers had experienced harassment or negative comments related to pregnancy or flexible working. This all suggests that discrimination in this area is still an issue and makes for particularly disappointing reading.

However, the report also found that most employers felt that it was in their interests to support pregnant women and those on maternity leave and considered that statutory rights on pregnancy and maternity were reasonable and easy to implement. This is surely...