Pregnancy rights at work in the UK: what your employer must do
Being pregnant while working brings up a lot of questions: when do you have to tell your employer, what adjustments can you ask for, and what happens if you are treated unfairly? UK law gives you some strong protections. This article explains the key rights clearly, drawing on the Equality Act 2010, the Employment Rights Act 1996, and ACAS guidance, so you know exactly where you stand.
Time off for antenatal appointments
One of the most immediate rights you have as a pregnant employee is the right to paid time off for antenatal appointments. This is set out in the Employment Rights Act 1996 and covers any appointment made on the advice of a registered doctor, midwife, or health visitor. Antenatal appointments include scans, blood tests, and antenatal classes your midwife or doctor recommends.
Your employer cannot refuse this time off. They can ask you to show an appointment card or similar confirmation (except for your first appointment), but they cannot require you to rearrange or make up the time. You are entitled to your normal pay for this time.
If you are an agency worker who has worked for the same employer for at least 12 continuous weeks, you also have the right to paid time off for antenatal appointments.
Health and safety at work
As soon as you tell your employer in writing that you are pregnant, they have a legal duty to assess risks to your health and safety, and to your baby's. This is a formal obligation under the Management of Health and Safety at Work Regulations 1999, and it applies whether you are office-based, working from home, or in a physical or outdoor role.
What happens if a risk is found
If the risk assessment identifies something that could affect you or your baby, your employer must take action in a specific order:
- Remove or reduce the risk by changing how or where the work is done.
- If that is not possible, alter your working conditions or hours so you are not exposed to the risk.
- If that is not possible, offer you suitable alternative work on the same or better pay and conditions.
- If no alternative work exists, suspend you on full pay for as long as is necessary to protect you and your baby.
Paid suspension in this context is not a punishment. It is a legal protection and your pay must not be reduced during it.
Protection from discrimination
The Equality Act 2010 makes pregnancy discrimination unlawful. Pregnancy is one of nine protected characteristics under the Act, which means your employer cannot treat you less favourably because you are pregnant, because of something connected with your pregnancy (such as sickness or a medical appointment), or because you are on maternity leave.
This protection starts from the moment you inform your employer that you are pregnant. You do not need to have worked for them for any minimum period for this protection to apply.
Examples of unlawful treatment
- Being passed over for promotion because you are pregnant
- Being given a lower performance rating because of pregnancy-related absence
- Being subjected to comments, jokes or pressure relating to your pregnancy
- Having your contract changed or hours reduced without your agreement after you announce your pregnancy
Redundancy protection
If your employer needs to make redundancies, they are legally prohibited from selecting you for redundancy because you are pregnant or on maternity leave. Dismissal for this reason is automatically classed as unfair dismissal under the Employment Rights Act 1996.
Since April 2024, a significant change came into force: the protected period now extends to 18 months after the birth of your baby. During this extended period, if your role is genuinely made redundant you must be offered any suitable alternative vacancy before other employees. This is a priority right, not just an equal right.
When to tell your employer
There is no legal obligation to tell your employer you are pregnant the moment you find out. Many people wait until after their 12-week dating scan before sharing the news, and that is entirely reasonable. The key legal deadline is different: for Statutory Maternity Pay purposes, you must tell your employer at least 15 weeks before your due date. This is also when you need to confirm your expected week of childbirth and the date you intend to start maternity leave.
In practical terms, however, telling your employer earlier means your protections kick in sooner. You cannot claim protection from pregnancy discrimination for a period when your employer did not know you were pregnant.
If your employer treats you unfairly
If you believe you have been treated unfairly because of your pregnancy, there are clear steps you can take.
- Raise it informally. Sometimes a conversation with your manager or HR resolves the issue quickly.
- Use your employer's grievance procedure. Putting your concern in writing creates a record and obliges your employer to respond formally.
- Contact ACAS. ACAS (Advisory, Conciliation and Arbitration Service) offers free and confidential advice on employment rights. Their helpline is 0300 123 1100. Before you can bring a tribunal claim, you must first go through ACAS early conciliation.
- Employment Tribunal. If conciliation does not resolve the matter, you can bring a claim to an Employment Tribunal. The time limit is 3 months minus one day from the act you are complaining about, so acting promptly is important.
Frequently asked questions
Can my employer refuse me time off for antenatal appointments?
No. Under the Employment Rights Act 1996, all pregnant employees have the right to paid time off for antenatal appointments recommended by a doctor, midwife or health visitor. This includes scans and antenatal classes. Your employer cannot refuse or ask you to make up the time.
What happens if my job is unsafe during pregnancy?
Your employer must carry out a risk assessment when you tell them you are pregnant. If a risk cannot be removed, they must first alter your working conditions or hours, then offer suitable alternative work, and if none is available, suspend you on full pay.
Can I be made redundant while pregnant?
Being selected for redundancy because of your pregnancy or while on maternity leave is automatically unfair dismissal. Since April 2024, the protected period extends to 18 months after your baby's birth. During this time, you must be offered any suitable alternative vacancy before other employees if your role is made redundant.
When do I legally have to tell my employer I am pregnant?
For Statutory Maternity Pay, you must notify your employer at least 15 weeks before your due date. You can tell them earlier if you choose, and doing so means your legal protections start sooner. Many people wait until after their 12-week scan.
What do I do if I face pregnancy discrimination at work?
Raise it informally first, then use your employer's grievance procedure if needed. Contact ACAS (0300 123 1100) for free early conciliation. If unresolved, you can bring a claim to an Employment Tribunal within 3 months minus one day of the act you are complaining about.
Know your weeks, protect your rights
Cubby tracks your pregnancy from first scan to due date.
Start free