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;
If risks exist, the employer must;
A risk assessment is also required for new mothers.
3. Protect pregnant employees against Pregnancy Discrimination - the employer must not;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;
Employer Considerations;
1. Pregnancy related sickness must be treated differently;
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.
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:
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;
Flexible working request can be:
Employers must now consult before refusing a request. The refusal must be evidence-based and employers must be prepared to support their reasoning.
Although flexible working is not automatically guaranteed, refusing a pregnant employees request can create significant risk if;
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.
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: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.
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.