A recent case in the employment tribunal shows what not to do when an employee tells you they’re pregnant. Pregnancy is a protected characteristic under the Equality Act 2010. This means employers cannot treat an employee unfavourably because they are pregnant.

In Powell v One Transport UK the Claimant told the Respondent she was pregnant. After sharing this news, the Respondent did the following:

  • Placed her at risk of redundancy and then gave her a new role with less pay and fewer hours;
  • Made her come to the office to work even though others doing the same hours as her were allowed to work remotely;
  • Excluded her from the work Christmas party;
  • Told her colleagues not to speak to her; and
  • Called her to a disciplinary hearing relating to what the tribunal called ‘exaggerated and trumped-up’ charges.

The Claimant resigned and claimed pregnancy discrimination. The tribunal found that the Respondent’s unfair treatment of the Claimant was clearly linked to her pregnancy. It was therefore discriminatory. She was awarded almost £20,000 in compensation.

The Respondent’s behaviour in this case is a useful reminder to employers that they should not treat pregnant employees less favourably than their colleagues.

Here are our top tips on what employers should do if an employee announces they are pregnant:

  • Conduct a risk assessment. All employers are under a duty to protect the health and safety of their employees. There are special rules that apply for pregnant employees in the workplace (once the employee has confirmed their pregnancy in writing). Failure to undertake a required risk assessment or to act on its findings may be an act of pregnancy and maternity discrimination
  • Allow the employee paid time off to attend ante natal appointments. Refusing an employee time off, or punishing them for unauthorised leave if they go to an appointment without permission, is unlawful. It is likely to be pregnancy discrimination.
  • Once you have received a completed MATB1 from the employee, stating when they propose to start their maternity leave, write to the employee within 28 days to notify her of the date on which her maternity leave will end.
  • Tread carefully if a redundancy situation arises. Pregnant employees have special protection in redundancy situations. Since April 2024, employees who inform their employer they are pregnant are entitled to ‘first dibs’ on any suitable alternative vacancy if a redundancy situation arises. This special treatment starts during pregnancy and continues until 18 months after the birth date.

Under the new Labour government, the special status of expectant and new mothers is likely to be expanded. Labour have pledged to make it ‘unlawful to dismiss a woman who is pregnant for six months after her return [following maternity leave], except in specific circumstances’.