Part 2 E+W+SEquality: key concepts

Chapter 2E+W+SProhibited conduct

DiscriminationE+W+S

18Pregnancy and maternity discrimination: work casesE+W+S

(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].

F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

[F6(aa)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.

[F8(6A)For the purposes of this section—

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

    (a)

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

    (b)

    which is provided for under a statutory or contractual scheme;

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

    (a)

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

    (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).

Textual Amendments