Part 2Equality: key concepts

Chapter 2Prohibited conduct

Discrimination

18Pregnancy and maternity discrimination: work cases

1

This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity.

2

A person (A) discriminates against a woman if, in F1or after the protected period in relation to a pregnancy of hers, A treats her unfavourably —

a

because of the pregnancy, or

b

because of illness suffered by her F2in that protected period as a result of the pregnancy.

3

A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave F3or on equivalent compulsory maternity leave.

4

A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave F4or a right to equivalent maternity leave.

F55

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6

The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends—

a

if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy;

F6aa

if she does not have that right, but has a right to equivalent maternity leave, at the end of that leave period, or (if earlier) when she returns to work after the pregnancy;

b

if she does not have F7a right as described in paragraph (a) or (aa), at the end of the period of 2 weeks beginning with the end of the pregnancy.

F86A

For the purposes of this section—

  • “equivalent compulsory maternity leave” means a period of leave—

    1. a

      which is of a substantially similar nature (regardless of its length) to compulsory maternity leave, and

    2. b

      which is provided for under a statutory or contractual scheme;

  • “equivalent maternity leave” means a period of leave—

    1. a

      which is of a substantially similar nature (regardless of its length) to ordinary or additional maternity leave or both, and

    2. b

      which is provided for under a statutory or contractual scheme.

7

Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as—

a

it is in F9or after the protected period in relation to her and is for a reason mentioned in paragraph (a) or (b) of subsection (2), or

b

it is for a reason mentioned in subsection (3) or (4).