Discrimination at work because of pregnancy or maternity

Summary

The law is different if the discrimination happened outside of work - for example if it was by someone who works on public transport or in a shop. If your employer treats you badly because you're taking maternity leave, it's pregnancy and maternity discrimination. The rules are a bit more complicated if your employer treats you badly because you either: * tried to take maternity leave - this includes if they refuse to let you take maternity leave The rules depend on whether you're an ‘employee’ or a ‘worker’. You might be a worker if for example you work for an agency or you’re not guaranteed to get any work. If you're not sure, check your employment status. If you’re an employee, it’s pregnancy and maternity discrimination if you’re treated badly because you took maternity leave, or tried to take it. You’re only entitled to 2 weeks’ maternity leave, although you might take more leave. It’s only pregnancy and maternity discrimination if you’re treated badly during your 2 weeks of maternity leave. If you’re treated badly because you tried to take leave or you took it in the past, it isn’t pregnancy and maternity discrimination. It might be a different type of discrimination called.

Key information

• took maternity leave in the past
• tried to take maternity leave - this includes if they refuse to let you take maternity leave
• it was caused by your pregnancy
• you already had the illness or condition, but it got worse because of your pregnancy
• they’re following health and safety law
• you do a job that requires you to not be pregnant - for example, if you’re visibly pregnant and you’re an actor playing a character who isn’t pregnant
• because of any illness or medical condition caused by the pregnancy or loss
• check your rights while you're pregnant at work
• check your rights while you're on maternity leave
• The law is different if the discrimination happened outside of work - for example if it was by someone who works on public transport or in a shop.
• If your employer treats you badly because you're taking maternity leave, it's pregnancy and maternity discrimination.
• The rules are a bit more complicated if your employer treats you badly because you either:

Practical guidance

• Source: Discrimination at work because of pregnancy or maternity

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