- Latest available (Revised)
- Original (As enacted)
Equality Act 2010, Section 18 is up to date with all changes known to be in force on or before 09 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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—
which is of a substantially similar nature (regardless of its length) to compulsory maternity leave, and
which is provided for under a statutory or contractual scheme;
“equivalent maternity leave” means a period of leave—
which is of a substantially similar nature (regardless of its length) to ordinary or additional maternity leave or both, and
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
F1Words in s. 18(2) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(4)(a) (with reg. 2(11))
F2Words in s. 18(2)(b) substituted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(4)(b) (with reg. 2(11))
F3Words in s. 18(3) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(5) (with reg. 2(11))
F4Words in s. 18(4) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(6) (with reg. 2(11))
F5S. 18(5) omitted (1.1.2024) by virtue of The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(7) (with reg. 2(11))
F6S. 18(6)(aa) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(8)(a) (with reg. 2(11))
F7Words in s. 18(6)(b) substituted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(8)(b) (with reg. 2(11))
F8S. 18(6A) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(9) (with reg. 2(11))
F9Words in s. 18(7)(a) inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 2(10) (with reg. 2(11))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: