Section 18 — Equality Act 2010: Pregnancy and maternity discrimination: work cases

Pregnancy and maternity discrimination: work cases 18 1 This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity.

2 A person (A) discriminates against a woman if, in or after the protected period in relation to a pregnancy of hers, A treats her unfavourably —

a because of the pregnancy, or b because of illness suffered by her in that protected period as a result of the pregnancy .

3 A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave or on equivalent compulsory maternity leave .

4 A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave or a right to equivalent maternity leave . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends—

a if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy; aa if she does not have that right, but has a right to equivalent maternity leave, at the end of that leave period, or (if earlier) when she returns to work after the pregnancy;

b if she does not have a right as described in paragraph (a) or (aa) , at the end of the period of 2 weeks beginning with the end of the pregnancy. 6A For the purposes of this section— “ equivalent compulsory maternity leave ” means a period of leave— which is of a substantially similar nature (regardless of its length) to compulsory maternity leave, and which is provided for under a statutory or contractual scheme; “ equivalent maternity leave ” means a period of leave— which is of a substantially similar nature (regardless of its length) to ordinary or additional maternity leave or both, and which is provided for under a statutory or contractual scheme.

7 Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as—

a it is in or after the protected period in relation to her and is for a reason mentioned in paragraph (a) or (b) of subsection (2), or b it is for a reason mentioned in subsection (3) or (4).