Dismissal for pregnancy-related sickness

It is unlawful pregnancy or maternity discrimination to treat a woman unfavourably because of a pregnancy-related illness during the “protected period” (section 18 Equality Act 2010 (EA 10). The “protected period” begins at the start of the pregnancy and ends at the end of the maternity leave period (section 18(6) EA 10).

It is not pregnancy or maternity discrimination to dismiss someone for pregnancy-related sickness absence that continues after the maternity leave period has ended i.e. outside the “protected period” (Lyons v DWP Job Centre Plus [2014] UKEAT 0348/13/1401). There is more detailed information about this on page 150, Chapter 6.

It is sex discrimination to dismiss a woman for pregnancy-related sickness if the employer would have treated a comparable man (real or hypothetical) with the same sickness absence record differently (Lyons v DWP Job Centre Plus [2014] UKEAT 0348/13/1401).

It is automatically unfair to dismiss a woman for a reason relating to pregnancy, childbirth or maternity or relating to taking or refusing to take maternity leave (section 99 ERA 96) (see Chapter 10, page 298).

If a woman is too ill to return to work at the end of maternity leave, her sickness absence should be calculated from the date she was due to return (Kwik Save v Greaves [1998] IRLR 245).