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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,...

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Employee miscarriage before 24 weeks: Equality Act 2010 pregnancy/maternity discrimination protection and protected period length

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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...

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Web page updated on 27/05/2026

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