Pregnancy & Maternity Dismissal

Pregnancy and maternity dismissal claims arise when an employee is dismissed for a reason connected to pregnancy, childbirth, or maternity leave. These dismissals are automatically unfair under the Employment Rights Act 1996 and constitute pregnancy/maternity discrimination under the Equality Act 2010.

No qualifying period of employment is required — protection applies from day one. The protected period covers pregnancy, compulsory maternity leave, and any period of additional maternity leave. Dismissal during the protected period is presumed to be pregnancy-related unless the employer can prove otherwise.

Common scenarios include: dismissal after announcing pregnancy, selection for redundancy during maternity leave (the employee has priority for suitable alternative employment), failure to allow return to the same or comparable role after maternity leave, detrimental treatment during pregnancy (reducing hours, changing duties), and dismissal shortly after return from maternity leave.

ACAS early conciliation must be completed before bringing a tribunal claim. The time limit is 3 months less 1 day from the effective date of termination.

Compensation is uncapped because these claims involve discrimination. Awards include the basic award, compensatory award for loss of earnings (past and future), injury to feelings (Vento bands), and compensation for loss of statutory rights. Awards commonly range from £15,000 to £200,000 depending on salary and circumstances. Aggravated damages may apply where the employer acted in a particularly callous manner.