Pregnancy and Maternity Discrimination

New research has revealed a sharp increase in the number of women potentially forced out of their jobs due to pregnancy, maternity leave, or upon returning to work.

According to the latest findings by Pregnant Then Screwed, in partnership with Women In Data®, up to 74,000 women lose their jobs annually due to pregnancy or maternity leave—a 37% increase from 54,000 in 2016.

The Reality of Maternity Discrimination

The State of the Nation report, based on a nationally representative sample of 5,870 parents, found that:

  • 12.3% of women were dismissed, constructively dismissed, or made redundant while pregnant, on maternity leave, or within a year of returning.
  • 49.5% of women who were pregnant, on maternity leave, or returning from maternity leave reported a negative experience at work.
  • 20.6% of those who had a negative experience left their employer.
  • 35.9% of women felt sidelined or demoted due to pregnancy or maternity leave.
  • Despite these alarming statistics, only 2% of affected women pursue claims through an employment tribunal.

A Lack of Government Action?

Joeli Brearley, founder of Pregnant Then Screwed, expressed frustration at the rising levels of discrimination:

To find that 74,000 mothers a year are being pushed out of their jobs for daring to procreate is not surprising, but it is devastating. That’s a woman being pushed out of her job every seven minutes in the UK for doing something that is part of the human existence.

In 2016, the government commissioned a report on pregnancy and maternity discrimination, which showed worsening conditions over the preceding decade. However, despite committing to repeating the research every five years, no further government studies have taken place, prompting Pregnant Then Screwed to conduct their own.

Strengthened Protections for Pregnant Employees and New Parents

In response to concerns about workplace discrimination, the UK government introduced the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, which took effect in April 2024.

This legislation significantly extends redundancy protections for pregnant women and new parents, including those returning from:

  • Maternity leave
  • Shared parental leave
  • Adoption leave

Previously, employers had to offer a suitable alternative vacancy (if available) before making an employee redundant while on maternity or related leave. The new law extends these protections from the moment a woman informs her employer of pregnancy until 18 months after the birth or adoption.

For those who experience miscarriage, protection applies from the moment the employer is notified until two weeks after the pregnancy ends (if before 24 weeks).

How Employers Can Improve Workplace Culture

Campaigners are calling on businesses to:

  • Improve paternity leave policies to support shared childcare responsibilities.
  • Advertise jobs as flexible unless there is a clear business reason not to.
  • Collect maternity retention data to assess and address potential biases.

How Bhayani HR & Employment Law Can Help

At Bhayani HR & Employment Law, we specialise in supporting both employees and employers in navigating employment law, particularly in pregnancy and maternity rights.

For employees, we offer:

  • Legal advice on pregnancy and maternity discrimination
  • Support in raising grievances and tribunal claims
  • Guidance on redundancy rights and flexible working requests

For employers, we help:

  • Ensure compliance with the latest employment laws
  • Create inclusive and legally sound maternity policies
  • Train HR teams and managers on best practices

 

If you believe you have experienced pregnancy discrimination or are an employer looking to ensure compliance with the law, contact Bhayani HR & Employment Law for expert legal support.

Get in touch with us today at 0333 888 1360 or email [email protected] to discuss your rights and responsibilities.

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