Discrimination by a business or service because of pregnancy or maternity

The law protects you from discrimination by a business or service. For example, this could be:

• by someone who works on public transport

• by someone who works in a shop

• by your gas or electricity provider

• when you’re a student in education

If you want to take legal action about discrimination, you need to check if what happened is covered by the Equality Act 2010. This is the law that stops businesses and service providers discriminating against you.

The Equality Act protects you from different types of discrimination, including 'pregnancy and maternity discrimination'.

It’s ‘pregnancy and maternity discrimination’ if you’re treated badly because you’re pregnant, or you were pregnant. 

It’s also pregnancy and maternity discrimination if within 6 months of giving birth you’re treated badly because:

• you gave birth

• you’re breastfeeding

If it happened more than 6 months after the birth, it isn’t pregnancy and maternity discrimination - but it might be a different type of discrimination called sex discrimination instead. Check if you’ve experienced sex discrimination and what you can do about it.

Example

Annabel is breastfeeding her 6-week-old baby on the bus. The driver tells her to stop breastfeeding or leave the bus, because another passenger has complained. This is pregnancy and maternity discrimination, as she is within the 6 month time limit.

If you were treated badly at work

The law is different if the discrimination happened at work - for example by your employer or someone you work with. Check if you were discriminated against at work.

Check if someone has a health and safety reason to treat you differently

It’s not pregnancy and maternity discrimination if someone has a health and safety reason for treating you differently. 

They must:

• reasonably believe there’s a risk to your health and safety

• also exclude people with other physical conditions

Example

Ada is pregnant. The local leisure centre tells Ada that she can’t use the showers for health and safety reasons. There isn’t a real risk to Ada’s health so this is pregnancy and maternity discrimination. 

Example

Georgia is 8 months pregnant. The manager at her gym has done a health and safety check and says she’s not allowed to do heavy weightlifting. This is based on a real risk to Georgia’s health so it isn’t pregnancy and maternity discrimination.

If you think you were discriminated against

You can check what action you can take about discrimination.

If you’re treated badly by a healthcare provider while you’re pregnant

If you’re treated worse than other pregnant people, it probably isn't pregnancy and maternity discrimination - but it might be a different type of discrimination.

Some people are more likely to experience discrimination while they’re pregnant, for example people of colour, lesbians or trans people. 

If you think you’ve been treated badly because of your race, gender identity or sexual orientation, you can check how to take action about discrimination in healthcare services.

If you're finding things difficult

Discrimination can have a big impact on your mental health. You should talk to your GP if you’re feeling depressed or anxious.

You can also get help on the Breathing Space website.

If you need to speak to someone 

You can speak to a trained volunteer at organisations like Samaritans or Shout.

Samaritans

Helpline: 116 123 (Monday to Sunday at any time)

Welsh Language Line: 0808 164 0123 (Monday to Sunday 7pm to 11pm)

Calls to Samaritans are free.

You can find other ways to get in touch with Samaritans on their website.

Shout

You can also text 'SHOUT' to 85258 to start a conversation with a trained Shout volunteer. Texts are free, anonymous and confidential from anywhere in the UK.