Pregnancy or maternity leave discrimination meaning

This Practice Note considers how equal pay (equality of terms) applies to women who are pregnant or on ordinary or additional maternity leave (OML/AML). It also examines key elements relevant to pregnancy and maternity within equal pay law, including: the implied maternity equality clause, covering its impact and the duration of the protected period the principle that a comparator is unnecessary for pregnancy- and maternity-related equal pay claims how pay rises, bonuses and pension contributions are handled during maternity leave and on returning to work A woman away from work on maternity leave occupies a distinct position that merits particular protection, yet is not comparable to a man who is actually working. Consequently, she is not entitled to full pay during maternity leave, notwithstanding the equal pay principle in the Treaty on the Functioning of the European Union. That said, being on maternity leave does not remove all equal pay entitlements for the duration of the absence (see: Effect of maternity...

Practice Note: bonus plans for employees and directors This Practice Note explores how bonus arrangements operate for employees and directors. It considers the two principal forms of scheme: discretionary and contractual. It looks closely at discretionary awards, covering eligibility, the exercise of discretion, limitations and expectations. The Note also addresses tax aspects of bonus plans and what follows when they are ended. It sets out points relevant to scheme design, drafting issues and regulatory matters, including compliance with the UK Corporate Governance Code. Finally, it considers how pregnancy or maternity leave, part-time or fixed-term status, long‑term sickness and linked discrimination concerns affect bonus schemes and payments, available remedies, and the routes for bringing bonus claims in the employment tribunal or the court. Bonuses can strongly motivate and help retain staff while enabling employers to manage wage costs. In some sectors and industries (eg the financial sector), they are a major component of an employee’s reward package. Directors’ overall pay commonly includes variable, performance‑linked bonuses, which are often vital to...

This Practice Note outlines the legal framework on discrimination arising from pregnancy, pregnancy‑related illness and maternity under the Equality Act 2010 (EqA 2010). It explores the scope of the protected period for these issues, what amounts to unfavourable treatment, potential difficulties with the pregnancy and maternity leave discrimination provisions, associative discrimination claims, the interpretation of ‘because of’ in this setting, how these rules sit alongside equality of terms provisions, the position on non‑contractual payments, and workplace risk assessments for women who are new or expectant mothers. The Note also cites case law of the Court of Justice of the European Union (CJEU). For guidance on whether CJEU judgments bind UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic measures implementing the UK’s EU obligations form part of assimilated law. For more detail, see Practice Note: Assimilated law. Discrimination because of pregnancy or pregnancy-related illness EqA 2010 contains distinct provisions dealing with discrimination against a woman occurring because of her pregnancy or a pregnancy‑related illness. Those provisions...

General This Precedent is a comprehensive maternity policy, appropriate for inclusion in a staff handbook or to operate as a stand-alone policy. It sets out the minimum leave entitlements required by the Maternity Protection Act, 1994 (Ireland), the Maternity Protection (Amendment) Act, 2004 (as amended) (Ireland), the Adoptive Leave Acts 1995 (Ireland) and 2005 (Ireland) and the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland). When creating and applying this policy, employers should remain alert to discrimination considerations. Maternity leave Core entitlements include the option to take up to one year’s leave, irrespective of the employee’s length of service. This comprises up to 26 weeks’ ordinary maternity leave (OML) and up to 16 weeks’ additional maternity leave (AML). A compulsory two-week maternity leave period applies, during which the employee may not carry out any work. Maternity leave rights arise only for individuals employed under a contract of employment. Maternity pay Where the employee satisfies the qualifying criteria for social welfare maternity benefit (from the...

Is the employee protected from pregnancy and maternity discrimination? Under section 18 of the Equality Act 2010 (EqA 2010), discrimination occurs where, during the protected period linked to a woman’s pregnancy, she is treated unfavourably: because she is pregnant, or because of illness she experiences as a result of that pregnancy The protected period starts when the woman’s pregnancy begins. Its conclusion depends on whether she is entitled to ordinary and additional maternity leave: if she has the right to ordinary and additional maternity leave, it ends at the close of the additional maternity leave period, or on her return to work after the pregnancy, if earlier if she does not have that entitlement, it ends two weeks after the pregnancy ends Although “end of the pregnancy” is not defined, a miscarriage before 24 weeks of pregnancy would appear to fall within the ordinary meaning of that phrase...