Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Pregnancy and maternity discrimination claims: helpful evidence and tips

If you’ve been treated unfairly by an employer because you’re pregnant, had a baby, or taken a period of maternity leave then you could have been discriminated against.

Pregnancy and maternity discrimination is unlawful under the Equality Act 2010. If you’ve been discriminated against you could bring a discrimination claim in the Employment Tribunal.

This page explains what evidence may be useful if you want to make a claim in the Employment Tribunal for pregnancy and maternity discrimination.

How to succeed with a pregnancy and maternity discrimination claim – key points

If you want to succeed with a claim for pregnancy and maternity discrimination you need to show that you have been treated unfavourably because:

  • You are pregnant
  • You are suffering or have suffered from a pregnancy-related illness
  • You are on maternity leave (or intend to take a period of maternity leave, or have taken a period of maternity leave)

In order to show unfavourable treatment you need to show that you have been subjected to some form of detriment – this could be, for example, that you have been denied a promotion because you are pregnant, or that you have been dismissed because you intend to take a period of maternity leave.

As well as showing that you are pregnant (or are suffering from a pregnancy-related illness, or on maternity leave, or have taken or intend to take a period of maternity leave), you have to link the unfavourable treatment that you have been subjected to and your pregnancy – you need to show that the “reason why” you have been treated the way that you have is because of your pregnancy or period of maternity leave.

Useful evidence in a claim for pregnancy and maternity discrimination

The following evidence could be useful in an Employment Tribunal claim for pregnancy and maternity discrimination:

  • A chronological breakdown of what has happened, when, and who was involved
  • A copy of your MATB1 form (showing your estimated due date), as well as evidence of when you gave this form to your employer
  • Evidence of when you first informed your employer that you were pregnant (for example diary notes, emails, and notes of meetings)
  • Evidence of any formal or informal complaints that you have made to your employer about unfair treatment (for example diary notes, emails, and notes of meetings)
  • Evidence of how you have been treated unfairly by your employer (for example diary notes, emails, statements of colleagues, and notes of meetings)
  • A copy of your employer’s equality policy, staff handbook, and maternity policy (if your employer has such documents)
  • Details of what training your employer has implemented on equality and diversity in general as well as, specifically, how to treat pregnant women in the workplace and how to deal with periods of maternity leave
  • A copy of any risk assessments that your employer has undertaken (whether because of pregnancy or otherwise)
  • Evidence of how other employees who are pregnant or have taken a period of maternity leave have been treated – you can use this to argue that your employer has a practice of treating employees who are pregnant or on maternity leave unfavourably
  • Evidence of how other employees who are not pregnant or have taken a period of maternity leave have been treated – you can use this to potentially argue that your employer has a practice of treating employees who are pregnant or on maternity leave less favourably

10 tips on what you should do if you think you are being discriminated against because of you are pregnant or on maternity leave

The following types of evidence are useful to gather if you are thinking of bringing a claim for pregnancy and maternity discrimination:

  1. Take notes of any meetings, discussions, and telephone calls which are relevant to your claims
  2. Keep a diary of incidents of unfair treatment that have occurred – what conduct occurred, when it occurred, and who was involved
  3. Make informal or informal complaints that you believe you are being treated unfairly because you are pregnant or on maternity leave
  4. Keep evidence of any complaints that you have have made about unfair treatment in the workplace, as well as the outcome of such a complaint
  5. Make recordings of meetings or discussions on your smartphone – this kind of evidence can be crucial to demonstrate exactly what was said and by whom
  6. Keep copies of emails and letters (as well as any other documents) which are relevant to your claim – if these documents are on your employer’s computers or systems then you should think about downloading copies (in case your employer removes your access to these computers or systems)
  7. Keep your medical records relevant to your pregnancy and period of maternity leave (you may need to rely on these in the claim)
  8. Obtain and/or keep evidence of any upset or psychological harm you have suffered because of the discrimination (this will be relevant to remedy (how much money you might get if you succeed with your claim))
  9. Keep evidence of any discussions that you have had with ACAS or your employer about settlement of your potential claims
  10. You could look at making a subject access request to obtain your personal data – this may provide you with useful information regarding your claim

Other useful information

If you are experiencing unfair treatment in the workplace because you are pregnant or are taking a period of maternity leave then you may find the following information helpful:

Call Redmans for a free consultation

Call us on 020 3397 3603 to speak to a specialist employment solicitor – we offer a free 20-minute consultation.

You may also be interested in this: An employee’s guide to pregnancy and maternity discrimination in the workplace.

Equality and Human Rights Commission (EHRC)

You can find useful information on discrimination, and the law on discrimination, on the EHRC website.


ACAS helps employers and employees to resolve workplace disputes.

Call Redmans today to discuss your employment law matter

Call Redmans on 020 3397 3603 or email us at enquiries@redmans.co.uk to discuss your employment law matter.

Alternatively, you can call Chris Hadrill, the partner responsible for the employment department, on 020 3397 3601 or email him at chadrill@redmans.co.uk.

Call us

Our awards

Request a callback

    Your first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry


    4.81 Average

    314 Reviews


    I'd highly recommend Redmans Solicitors. Mel was very helpful and assisted me throughout my case.

    Posted 1 day ago


    Sacha was very thorough and very helpful, with great advice on when to act and when to wait on my case.

    Posted 4 days ago


    I have been very pleased with the support I got from Redmans Solicitors on my case with my employer. Caroline has always helped me to put things in perspective and showed me different scenarios ultimately to help me taking the right decision. She was very professional and always available when I needed, and at the same time also emphatic which I found also really important to establish a strong relationship. Will definitely recommend!

    Posted 6 days ago


    Prompt and efficient response to my enquiries. Excellent negotiating skills with my employer which considerably improved the terms of my settlement agreement.

    Posted 6 days ago


    Very quick and professional service , Rana was very helpful

    Posted 1 week ago

    James G

    Very professional, knowledgeable and kept me informed at every stage of my case. I would highly recommend Redmans.

    Posted 1 week ago

    Pravina P

    Chris was really good and help solve my issues with current company. I would recommend him to anyone.

    Posted 2 weeks ago

    Paul L

    Sacha was extremely helpful in my matter. I would not hesitate you use Sacha or Redmonds again. Everyone was very helpful.

    Posted 2 weeks ago

    Monique N

    I had Mel Chin helping me with a settlement and she was very professional and reliable throughout my case. Mel provided me with a good understanding of what was happening and gave suggestions on routes I could take. My case was resolved and closed promptly although the opposing side were very difficult to deal with. A very big thank you to Mel and Chris.

    Posted 2 weeks ago

    Jackie C

    My first ever experience needing the services of a solicitor; cannot speak highly enough of Mel and Chris’s personable, reassuring and straight to the point advice in dealing with my settlement agreement. They put me at ease during an extremely stressful time. I am equally as happy with the outcome, as l am their professional services.

    Posted 3 weeks ago


    Really happy with the service. All very efficient. Mel rattled through things very fast, however was great whenever I needed to stop and ask a question! Would definitely return to Redmans if I ever needed Legal advice.

    Posted 3 weeks ago

    Peter F

    Very helpful and clear advice, would highly recommend.

    Posted 4 weeks ago

    William A

    Second time I have had to use Redmans. They did not disappoint. They are fast , efficient and friendly. I have already recommended them to friends and colleagues. I hope I dont have to use them again but if I have to , they are the solicitors for me.

    Posted 4 weeks ago

    Fleeta C

    Great service with tantastic communications. The solicitor responsible is extremely knowledgeable and was responsible for bringing a timely and desired solution.

    Posted 4 weeks ago

    Veronica M

    Extremely helpful, starting from a request for advice at very short notice, to dedicating time for me to understand and review all documents thoroughly.

    Posted 4 weeks ago

    Sophie R

    Very efficient and professional service. Chris was very empathetic, knowledgeable and personable. Highly recommended.

    Posted 1 month ago

    Melanie M

    Very happy with the detailed advice provided from Redmans. They also helped me to secure a higher settlement than originally offered by my employer and were extremely diligent. I first spoke with Chris at relatively short notice and then Sacha dealt with my case. Would definitely recommend and use again in the future if needed.

    Posted 1 month ago


    Redmans helped me with a work related issue, which was resolved quickly and professionally. I would definitely recommend this company.

    Posted 1 month ago

    James F

    Great people, really friendly and professional helped with everything that I needed.

    Posted 1 month ago

    Anusha S

    My case was handled by Sacha who was very thorough and helped me to achieve a good outcome with my employer. Sacha was very personal, professional and helped me during quite a stressful time, so I am hugely grateful to her and to Redmans. This was my first time engaging with a law firm so I wasn't sure what to expect but I can definitely say that it was a good experience overall and I ended up better off due to having the help of an experienced and proactive solicitor on my side.

    Posted 1 month ago

    Diane P

    So grateful that I contacted Redmans to deal with my Redundancy Agreement. Everything from the initial call to the completion of the matter was professional, efficient and effective. I was listened to, had everything explained simply and kept informed of every step. I received super advice and the costs were very competitive. I would highly recommend them to anyone seeking similar help. First class service - thank you

    Posted 1 month ago