Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Discrimination definition

What does Discrimination mean? Discrimination in legal practice describes unfavourable treatment, particular disadvantage, harassment or victimisation because of a protected characteristic, across employment and the provision of services, housing, education and public functions. The concept is defined primarily by legislation and developed through case law. In England & Wales and Scotland, the Equality Act 2010 prohibits direct and indirect discrimination, harassment, victimisation, discrimination arising from disability, and failure to make reasonable adjustments. Protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (colour, nationality, ethnic or national origins), religion or belief, sex and sexual orientation. In Northern Ireland,...

Pregnancy and Maternity Discrimination under the Equality Act 2010 (Great Britain): Protected Period, Unfavourable Treatment, Causation, Maternity Leave, Pay Exceptions, Redundancy Interaction, and Risk Assessment Duties (Post-REUL 2023)

Published by a LexisNexis Employment expert

Practice notes

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 set out a timeframe known as the ‘protected period’...

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Web page updated on 21/05/2026

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