Date
03 February 2026Updated
03 February 2026
4 min read
Once an employee becomes aware that an employee is pregnant, there are several key legal duties (UK) that arise immediately. The employer should act promptly and carefully because pregnancy is a highly protected characteristic under the Equality Act 2010.
Here's a clear checklist of what the employer needs to do;
1. Congratulate and confirm notification (no formal proof needed yet) - Pregnancy rights apply as soon as the employer is aware, even informally. The employer should acknowledge the pregnancy and keep the information confidential unless the employee agrees otherwise.
2. Carry out a pregnancy risk assessment (immediate duty). Once an employer knows an employee is pregnant, they must assess workplace risks. This includes risks from;
- Lifting/manual-handling;
- Long standing periods;
- Stress/fatigue;
- Exposure to chemicals or infection;
- Loan working;
- Night shifts.
If risks exist, the employer must;
- Adjust duties or working conditions;
- Offer suitable alternative work;
- If none is available, suspend on full pay (rare but required).
A risk assessment is also required for new mothers.
3. Protect pregnant employees against Pregnancy Discrimination - the employer must not;- Treat the employee unfavourably or detrimentally because of pregnancy or related illness;
- Include pregnancy related absences in absence triggers;
- Deny opportunities because of pregnancy;
- Select for redundancy because of pregnancy;
- Reasonable paid time off for antenatal care;
- This includes midwife, GP, hospital appointments, scans etc.
The employee can request evidence after the first appointment and partners have separate unpaid rights.
5. On or after the employees 20 weeks scan - A MATB1 form (Maternity Certificate) is issued by the employees midwife or doctor on or after the 20 week scan confirming their baby's due date. This should be requested by the employer around the 20 week mark or submitted by the employee by the 15th week before their due date. The employer should then discuss maternity leave, pay entitlements and provide;
- Written confirmation of maternity leave end date;
- SMP eligibility information/Company enhanced maternity pay.
Employer Considerations;
1. Pregnancy related sickness must be treated differently;
- It should be recorded separately;
- Must not be used in disciplinary or capability decisions;
- Can trigger maternity leave if within four weeks of due date.
- More breaks;
- Home working where applicable;
- Temporary light duties;
- Adjusted hours/days.
3. Maintain confidentiality and dignity - the employer should not inform colleagues without consent and the employee controls when and how the news is announced.
4. If redundancies are being considered, enhanced protection applies - pregnant employees have priority for suitable alternative vacancies. Under the Maternity and Parental Leave Regulations, they must be offered suitable alternative roles ahead of others.
It is vital to remember that a dismissal for reasons connected to pregnancy or maternity is automatically unfair and will also amount to unlawful discrimination, with no qualifying service required. Compensation for discrimination type claims are uncapped and a careful approach should be adopted.
Flexible Working During Pregnancy
A pregnant employee has the same statutory right as any employee to request flexible working but in practice, the request is often particularly important and employers must handle it carefully because of the heightened risk of pregnancy and maternity discrimination
1. Right to request flexible working – now a day one right
Under the flexible working regime (as updated in 2024), an employee can make a statutory flexible working request:
- from the first day of employment
- whether or not they're pregnant
2. How many requests can they make? Employees can make up to two statutory flexible working requests in any 12 month period.
3. What changes can be requested? A pregnant employee can request changes such as;
- Reduced hours or part time work;
- Different start/finish times;
- Working from home or hybrid working;
- Compressed hours;
- Temporary adjustments during pregnancy.
Flexible working request can be:
- Permanent or;
- For a specified temporary which is common during pregnancy.
- Handled the request in a reasonable manner;
- Consult with the employee before refusing;
- Provide a decision within two months unless extended by agreement.
- Burden of additional costs;
- Detrimental effect on ability to meet customer demand;
- Inability to reorganise work;
- Inability to recruit additional staff;
- Detrimental impact on quality or performance;
- Insufficient work during periods requested;
- Planned structural changes.
Employers must now consult before refusing a request. The refusal must be evidence-based and employers must be prepared to support their reasoning.
Pregnancy Discrimination Risk
Although flexible working is not automatically guaranteed, refusing a pregnant employees request can create significant risk if;
- the refusal is connected to pregnancy;
- the employer is unsupportive or dismissive;
- the employee is treated worse than others or;
- no meaningful consultation occurs.
Care should be taken to ensure decisions are not influenced by pregnancy related factors, as this could give rise to discrimination claims. A refusal could lead to pregnancy/maternity discrimination and constructive dismissal risk. Again pregnancy discrimination is a day one right with uncapped compensation.
What’s Changing Under the Employment Rights Act 2025 for Pregnant Employees
Some aspects of flexible working reform are expected later on under the Employment Rights Act but many details are still emerging or due in the next couple of years (2026 to 2027):
1. Refusal must be objectively ‘reasonable’ - employer refusing flexible working will have to:- State the reason for refusal in writing;
- Explain why the refusal is reasonable.
This goes beyond the current 8 permitted business grounds and requires a more detailed justification. Saying no is likely to become harder to justify without proper reasoning.
2. Enhanced dismissal protections – The Act is also intended to strengthen protections for pregnant employees and those returning from maternity leave, meaning refusal of a flexible working request in a way that disadvantages them could give rise to discrimination claims. Regulations on this are expected in due course.
Conclusion
Pregnancy is one of the most strongly protected characteristics in UK employment law and once an employer is aware of a pregnancy, their legal duties arise immediately. A careful, proactive and supportive approach is essential. Employers must ensure risks are properly assessed, pregnancy-related absence is handled correctly, discrimination is avoided and appropriate adjustments and flexibility are genuinely considered.
With flexible working rights expanding and further protections expected under the Employment Rights Act 2025, employers should be particularly cautious when refusing requests or making decisions that could disadvantage a pregnant employee. Errors in this area can lead to automatic unfair dismissal and discrimination claims with uncapped compensation.
Ultimately, getting pregnancy management right is not only a legal requirement but a key part of good people management. Clear communication, proper consultation and fair, evidence-based decisions will significantly reduce legal risk while supporting employees at an important and sensitive stage of their working life.
