Acas has recently published guidance to help employers create supportive workplaces for women during pregnancy and maternity leave. 

The guidance offers employers advice on how to comply with the Equality Act 2010, which protects employees against pregnancy and maternity discrimination. In particular, it protects employees against unfavourable treatment because of pregnancy or maternity. For example, they must not: 

  • be subjected to unfair treatment
  • suffer disadvantage because of pregnancy or maternity through the employer's policies, procedures, rules or practices
  • suffer unwanted behaviour. 


There is no need for an employee to compare their treatment to how someone else was treated. The guidance points out that this protection also means that treatment which impacts on an employee negatively because of pregnancy or maternity may be discriminatory even though other staff are treated the same way.

In terms of health and safety, the law requires employers to carry out risk assessments which must consider the specific risks to a pregnant employee and the unborn child she is carrying and/or an employee who has become a new mother in the last six months, or is breastfeeding. Employers should regularly review risks as the employee's pregnancy progresses.

The guidance recommends that employers: 

  • develop a policy so that all employees understand their rights and responsibilities in relation to pregnancy and maternity discrimination
  • provide a suitable place for pregnant employees to rest in line with the law
  • identify and deal with risks to health and safety of a pregnant employee and their unborn child.

The conciliation agency received more than 14,000 calls last year about pregnancy and maternity issues, an increase of almost 10 per cent on the previous year. 

Jo Seery, of Thompsons Solicitors, commented: “The guidance from ACAS is both welcome and much needed following the findings of the Equality and Human Rights Commission research into pregnancy discrimination and disadvantage in the workplace. 

In particular, the research found that more than 10% of mothers reported that they had either been dismissed or compulsorily made redundant when other workers were not. This is despite the fact that the law provides that women on maternity leave are entitled to preferential treatment where there is suitable alternative employment in a redundancy situation. Employers who do not apply the ACAS guidance on dismissal and redundancy may therefore find themselves vulnerable to a legal claim.”

Click here to read the ACAS guidance in more detail.