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Updated Guidance for Employers on Pregnancy and Maternity Protections

Flavia Dias Moreira (Student)

Pregnancy and maternity are one of the nine protected characteristics under the Equality Act 2010, meaning employees are legally protected from discrimination during pregnancy and after childbirth.

In 2024, the Equality and Human Rights Commission (EHRC) released updated guidance to help employers understand their responsibilities and reduce the risk of unlawful treatment in the workplace.

This new guidance aims to provide clarity, support fair treatment, and ensure that pregnant employees and new mothers can work in safe and supportive environments.

What the Updated Guidance Covers

The EHRC guidance focuses on five key areas:

• Unlawful pregnancy and maternity discrimination
• Absence and sickness
• Health and safety requirements
• Obligations before maternity leave
• Forward planning for maternity leave and return to work

Understanding Pregnancy and Maternity Discrimination

Treating an employee unfavourably because they are pregnant, experiencing pregnancy-related sickness, or for any reason connected to their pregnancy is unlawful pregnancy discrimination.
It is also unlawful to treat someone unfavourably because they are about to take maternity leave (this is maternity discrimination).

Importantly, discrimination can occur through a one-off remark or action, or through a pattern of ongoing behaviour.

Recruitment and Hiring

The protections apply from the very start of the employment process. Employers must not refuse to shortlist, consider, or employ someone because they are:

• Pregnant - this amounts to pregnancy discrimination, or
• Likely to become pregnant — this amounts to sex discrimination.

What the Law Does Not Cover

The law on pregnancy and maternity discrimination does not cover:

• indirect discrimination
• harassment
• actions taking place after the protected period

Unless those actions relate directly to something that happened during pregnancy or maternity leave.

Why Compliance Matters

The EHRC emphasises that all employers must understand and follow the updated guidance. Doing so not only ensures compliance with the law but also creates safer, fairer, and more inclusive workplaces.

For full guidance, please visit the following link:

How ³ÉÈËVRÊÓƵ Legal Clinic (BULAC) can help

Here at BULAC, we can advise on how to understand and navigate the updated guidance. Whether you are an employer seeking to remain compliant or an employee concerned about your rights, our clinic is here to assist you. Please contact us on:

01248 388411 or email bulac@bangor.ac.uk.