Pregnancy is a protected characteristic under UK law. How a manager responds in the early stages and throughout can significantly reduce legal risk and set the tone for a positive employee experience.
This article sets out best practice guidance on what manager should do, what the law requires, and common pitfalls to avoid.
The initial conversation with an employee who has announced their pregnancy should be positive, calm and supportive. Take the opportunity to congratulate the employee and thank them for telling you.
Avoid raising any concerns you may have for the business about how the pregnancy might affect availability, performance or long-term commitment. Even well-intentioned comments about workload or timing can later be relied on as evidence of discrimination.
Pregnancy should be regarded as a normal life event and not a problem to be managed.
It is important to be aware of the legal protections that apply immediately.
From the moment an employee is pregnant, they are protected under the Equality Act 2010. They must not be treated unfavourably because of pregnancy, pregnancy-related illness, or maternity leave. These protections are strong and apply regardless of length of service or hours worked.
The compensation that can be awarded for maternity discrimination is uncapped and, should a claim be made to the Employment Tribunal, any decisions relating to performance, pay, promotion, redundancy, and dismissal during pregnancy and maternity leave would be closely scrutinised.
A lack of policy knowledge is a common cause of mistakes. For this reason, take the time to read and understand your company’s maternity policy as soon as an employee notifies you of their pregnancy. This includes familiarising yourself with:
Refer the employee to the Maternity Policy and avoid giving informal advice unless you are confident it is accurate. If you have an internal HR person or team, involve them early on to ensure that the employee receives correct and consistent information.
Employers have a legal duty to assess workplace risks to pregnant employees. This should be done promptly and reviewed regularly, particularly if circumstances change.
Managers should work with the employee and HR to consider factors such as working hours, stress, physical demands, workstation setup, and exposure to any hazards. Where risks are identified, reasonable adjustments must be made. If risks cannot be mitigated to a safe level or eliminated entirely, alternative work arrangements may be required, such as working from home or an alternative role.
Pregnant employees are entitled to paid time off for antenatal appointments, including medical appointments, scans and classes recommended by their doctor or midwife. If you have a Time Off for Antenatal Appointments Policy, be sure to familiarise yourself with the content.
Managers should not:
Requests should be handled sensitively and without unnecessary challenge. Any requirement for evidence should be reasonable and proportionate.
Pregnancy related illness must not be treated in the same way as ordinary sickness absence. Keep in mind that it should not be counted towards absence triggers, capability processes or disciplinary action.
Managers should ensure pregnancy-related absence is recorded separately and seek HR advice before taking action where attendance is a concern.
Be mindful that if an employee is absent for a pregnancy-related reason (for example, illness, complications, or medical advice not to work) within the four weeks leading up to their Expected Week of Childbirth (EWC), then maternity leave automatically begins on the day after the first day of that absence. If this circumstance arises it is again advisable to seek further HR advice on the correct process to follow.
Pregnant employees should continue to have access to training, promotion opportunities, pay reviews, and meaningful work. Delaying opportunities or excluding them from progression ‘to help’ can still amount to discrimination. Decisions must be based on objective criteria and not assumptions about pregnancy or future childcare arrangements.
Take extra care in relation to pregnant employees, those on maternity, or those who have recently returned from maternity in redundancy situations due to the enhanced protections apply. Involve HR at an early stage because any redundancy in these circumstances will come with additional risk and would be examined in detail should it lead to a claim being made to the Employment Tribunal.
When an employee notifies you that they are pregnant, it is important to take into consideration the factors outlined in this article. Employees who are pregnant have specific legal protections in the workplace and employers must recognise this and respond accordingly. Missunderstandings, unclear communication, or assumptions about pregnancy can strain working relationships and create both legal and reputational risk.
By handling conversations thoughtfully, applying policy consistently, and providing clear support, managers can ensure that an employee’s pregnancy does not have a negative impact on their experience at work or career. Taking these steps demonstrates that you act as a fair and supportive employer and reinforces that you value your employees.
If you would like support or guidance on a matter relating to a pregnant employee, please do not hesitate to contact a member of our team.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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