Part 2Equality: key concepts
Chapter 2Prohibited conduct
Discrimination
18Pregnancy and maternity discrimination: work cases
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 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 as a result of it.
3
A person (A) discriminates against a woman if A treats her unfavourably because she is on 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.
5
For the purposes of subsection (2), if the treatment of a woman is in implementation of a decision taken in the protected period, the treatment is to be regarded as occurring in that period (even if the implementation is not until after the end of that period).
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;
b
if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.
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 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).