Workforce software often turns attendance, output and availability into a score, and that score then feeds bonuses, shift allocation, promotion or performance warnings. A pregnant employee who has more sick days, works fewer hours or is away on maternity leave can drop down the ranking without anyone deciding to treat her differently. Law in Great Britain protects her in two overlapping ways: the Equality Act 2010 and the employment rights rules on detriment and dismissal. This page sets out both, for employees and employers.
The short answer: it is discrimination to treat a woman unfavourably, in or after the protected period, because of her pregnancy or because of illness suffered in that period as a result of the pregnancy, or because she is on, or has used, maternity leave (Equality Act 2010, s18). Separately, an employee has the right not to be subjected to a detriment for reasons connected with pregnancy, childbirth or maternity leave (Employment Rights Act 1996, s47C; Maternity and Parental Leave etc. Regulations 1999, reg 19), and a dismissal for those reasons is automatically unfair (s99; reg 20).
Unfavourable treatment under the Equality Act
Section 18 applies to work. A person discriminates against a woman if, in or after the protected period in relation to her pregnancy, they treat her unfavourably because of the pregnancy, or because of illness suffered by her in that protected period as a result of the pregnancy (s18(2)). It is also discrimination to treat her unfavourably because she is on compulsory maternity leave, or because she is exercising, seeking to exercise, has exercised or sought to exercise the right to ordinary or additional maternity leave (s18(3) and (4)). Equivalent leave under a statutory or contractual scheme is covered too (s18(6A)).
The protected period begins when the pregnancy begins. It ends at the end of additional maternity leave or, if earlier, when she returns to work; if she has no right to maternity leave, it ends two weeks after the end of the pregnancy (s18(6)). The words "or after" were added from 1 January 2024, so treatment after the protected period because of something in it is also covered. Section 18 uses "unfavourably", so there is no need to compare her with anyone else.
In practice, an attendance score that counts pregnancy-related sickness absence, or a productivity ranking that counts months on maternity leave as zero output, can be unfavourable treatment because of the pregnancy or the leave if it leads to a worse outcome for her.
Detriment and dismissal under employment rights law
An employee has the right not to be subjected to any detriment by any act, or deliberate failure to act, by the employer done for a prescribed reason relating to, among other things, pregnancy, childbirth or maternity, or maternity leave (s47C(1) and (2)). The prescribed reasons include that the employee is pregnant, has given birth (where the act happens during her maternity leave), or took, sought to take or used the benefits of maternity leave (reg 19(2) and (5)). The detriment rule does not cover dismissal, which has its own rule (reg 19(4)).
A dismissal is automatically unfair if the reason or principal reason is connected with the pregnancy, the fact she has given birth (where the dismissal ends her maternity leave), or her taking or seeking to take maternity leave (reg 20(1) and (3)), or if she was selected for redundancy for such a reason (reg 20(2)). The normal qualifying period of employment does not apply (s108(3)(b)). For the right to be offered a suitable vacancy in a redundancy, see the priority right to a suitable vacancy.
Practical steps
- Employers: check what absence and output data your scoring tools use. Exclude pregnancy-related sickness absence and time on maternity leave from attendance and productivity measures that affect pay, bonus, promotion, shifts, warnings or selection. Where automation changes tasks, pace or shifts, see risk assessment for new and expectant mothers. Make sure a person reviews any automated flag about someone who is or was recently pregnant before it leads to action.
- Employees: tell the employer in writing which absences were pregnancy-related. If a score, warning or lost bonus seems to count those absences or your leave, ask in writing what data was used and how the score was calculated, and keep copies.
For pay during leave, see family leave pay; for sick pay, statutory sick pay; for time limits and remedies, unfair dismissal. These provisions extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.
Questions and answers
Can an attendance system count my pregnancy-related sick days against me?
Treating a woman unfavourably because of illness suffered in the protected period as a result of her pregnancy is discrimination under the Equality Act 2010, s18(2)(b).
When does the protected period end?
At the end of additional maternity leave or, if earlier, when she returns to work; if she has no right to maternity leave, two weeks after the pregnancy ends (s18(6)). Since 1 January 2024 unfavourable treatment after the period, because of the pregnancy or related illness, is also covered.
Is a lost bonus or a warning a detriment?
An employee has the right not to be subjected to any detriment by the employer for reasons connected with pregnancy, childbirth or maternity leave (Employment Rights Act 1996, s47C; Maternity and Parental Leave etc. Regulations 1999, reg 19).
Do I need two years' service to claim if I am dismissed?
No. The qualifying period does not apply to a dismissal that is automatically unfair under s99 (s108(3)(b)).