Protected characteristics: pregnancy and maternity

This characteristic relates to people who are pregnant; maternity refers to the period after the birth (which applies until the end of maternity leave). The Act protects employees, prospective employees and those accessing vocational training from unfavourable treatment based on the grounds of pregnancy and taking maternity leave. The law applies regardless of how long the person has been employed by their employer, and protection includes additional maternity leave (Royal College of Nursing, 2023).

The employer cannot discriminate against someone they employ, or are considering offering employment to, because of:

• their pregnancy
• an illness related to pregnancy, including related time off
• maternity pay or any leave taken or plan to take

This law applies to anyone who is legally classed as an employee or worker and some self-employed people (Advisory, Conciliation and Arbitration Service, 2023). Discrimination occurs if a person is dismissed, they are not offered a job, their pay