How to spot the subtle signs of pregnancy discrimination

Sometimes, pregnancy discrimination is pretty clear-cut.

Recently, a tribunal heard how a sales manager was told 'nobody wants to see a pregnant person' after she offered to make a presentation to clients. In another case, a former estate agent won over £47,000 after she was unfairly dismissed after returning from maternity leave.

And earlier this year, a video operations manager – who was locked out of her work system while on pregnancy-related sick leave and then unfairly dismissed – was awarded more than £73,000 in compensation.

But what happens when unfair treatment is more subtle? When does a seemingly throwaway comment cross the line into discrimination? And what should you do if you're being discriminated against because you’re pregnant?

What does subtle pregnancy discrimination can look like

“We see this so often after someone announces their pregnancy, where discrimination is hidden or masked,” says lawyer Danielle Ayres who leads Pregnant & Protected.

There might be a shift in how you are treated, with more micro-management, negative comments and little issues that would not have been a problem before.

“It may be that work is slowly taken from you, you are taken off email chains, not invited to meetings that you were in before, or larger projects that fall under your remit are given to your peers,” Ayres explains.

“I have had women who have been denied the right to undertake training relevant to their career progression, go on work trips, travel abroad and take part in business development or networking meetings,” she adds.

“You might be told that you won’t be included in pay reviews, or your performance review will be postponed until you return to work. Likewise, others may be promoted and you aren’t considered.”  

There may also be comments or assumptions made because you are pregnant. You might be told that you ‘won’t be around’ to see a project come to fruition, or that you’ll want to ‘slow down’ after having kids. “There may be an assumption that you will want to return part-time after your leave or not return at all,” says Ayres.

Read more: How employers can better support new mums

What are your rights as a pregnant employee?

You have legal protection from discrimination and dismissal if you are pregnant or are suffering from a pregnancy-related illness like sickness, under the Equality Act 2010.

“This is a ‘day one’ right, so you are protected from the day you become pregnant,” says Ayres. “One point to note however is that an employer must know about your pregnancy. Likewise, you are covered under the Employment Rights Act in relation to dismissal or detriment that may be linked in some way to your pregnancy.”

It's a bit murkier for self-employed people. If you're a freelancer or independent contractor who personally carries out the work, you may be covered as a 'worker' under the Equality Act. But, operating your own business as an independent sole trader means clients are generally classed as customers, not employers. That being said, it's still worth seeking legal advice for your specific situation.

What should you do if you suspect you’re being discriminated against because of your pregnancy?

First, it’s essential to keep a detailed note of everything that is happening. The more precise the better, and include dates, names, places and any witnesses that may have been present at the time. 

“You can raise the matter informally, by talking to your HR department, or a member of management,” says Ayres. “If you think it is going too far and needs to be properly investigated, then ask for a copy of your employer’s grievance procedure, and submit a formal complaint.”

Things aren’t always easily resolved, however. If this is the case, you could submit a tribunal claim. The first step to doing so is to contact ACAS and start a process called ACAS Early Conciliation, which is a form you fill out online.

But, Ayres says, you have to do this within three months minus one day from the date of the last incident. This is due to become six months, under changes that are being made by the Employment Rights Act.

“ACAS will see if there is any way of resolving the dispute, perhaps through mediation or a settlement,” she adds. “If that can’t happen, you will be issued with a certificate and then you can bring a claim to the Tribunal. Reach out to workplace advisory services like ACAS or Pregnant and Protected, who offer specialised free legal advice and support.”

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