This is a day-one right
You do not need 2 years' service to bring a pregnancy dismissal or discrimination claim. The time limit is still 3 months from the last act.
Sacked while pregnant UK: your rights explained
Dismissal connected to pregnancy is automatically unfair and unlawful discrimination — with no qualifying period. Here is what you are entitled to and how to act.
Your legal protections
Automatically unfair dismissal
Dismissal connected to pregnancy, a pregnancy-related illness, or maternity leave is automatically unfair under the Employment Rights Act 1996. No qualifying period of service is needed — this is a day-one right.
Unlawful sex discrimination
Pregnancy and maternity are protected characteristics under the Equality Act 2010. Dismissal or detrimental treatment because of pregnancy is direct discrimination. There is no cap on compensation for discrimination claims.
The 'protected period'
Your pregnancy is protected from the date it begins until 2 weeks after the birth (or the end of maternity leave, if later). Any dismissal during this period connected to pregnancy is unlawful regardless of how it is framed by your employer.
Priority redundancy right
If you are at risk of redundancy while pregnant or on maternity leave, you have the right to be offered any suitable alternative vacancy in your employer's organisation — ahead of all other at-risk employees — even if you did not apply for it. Failure to offer this priority right is automatically unfair dismissal.
Protection from detriment
Even if you are not dismissed, your employer must not subject you to any detriment because of your pregnancy — including negative performance reviews, exclusion from meetings or projects, passing you over for promotion, or pressure to resign.
What to do now
Tell your employer you are pregnant (in writing)
Notify your employer of your pregnancy in writing and keep a copy. This activates your protections and creates a paper trail. Once notified, any adverse treatment is much harder for your employer to justify.
Document everything
Keep a detailed log of every adverse action after you disclosed your pregnancy — dates, what was said or done, and by whom. Save emails, letters, and messages. Note any comments about your pregnancy by managers.
Raise a formal grievance
If you believe you are being pushed out or have been dismissed because of your pregnancy, raise a formal written grievance with your employer. This is usually required before a Tribunal and can result in compensation being increased by up to 25% if your employer fails to follow the ACAS Code.
Contact ACAS for early conciliation
Before filing an Employment Tribunal claim, you must contact ACAS for early conciliation. This is free and mandatory. The 3-month time limit for your claim is paused while early conciliation is in progress.
File an Employment Tribunal claim
Your claim must be submitted within 3 months less one day of the dismissal or the last act of discrimination. You can bring both an unfair dismissal claim (basic + compensatory award) and a discrimination claim (uncapped compensation including injury to feelings) simultaneously.
Frequently asked questions
Can I be dismissed while pregnant if the reason is performance?
Performance dismissal during pregnancy is extremely high-risk for employers. Tribunals scrutinise it carefully, especially if performance concerns arose after the pregnancy was disclosed. Even if performance is a genuine issue, the employer must follow a full and fair process — including any adjustments for pregnancy-related illness. If the timing or process suggests the pregnancy was the real reason, the dismissal will be unfair.
Can I be made redundant while pregnant?
Yes — genuine redundancy can still happen during pregnancy. However, you have the right to be offered any suitable alternative vacancy in your employer's organisation ahead of all other at-risk employees. If no vacancy exists, and the redundancy process was fair and objective, the redundancy can be lawful. If the process was not fair, or if the priority vacancy right was denied, the dismissal is automatically unfair.
What compensation can I get if I was sacked while pregnant?
You can claim: (1) a basic award (same as redundancy pay); (2) a compensatory award for lost earnings (capped at the lower of 52 weeks' pay or £115,115); and (3) an injury to feelings award under the Equality Act (typically £1,100–£45,600 depending on severity, using the Vento bands). Discrimination compensation is uncapped — there is no limit on what a Tribunal can award.
What if my employer asks me to resign?
Do not resign under pressure without getting legal advice first. If you resign because of your employer's conduct, you may have a constructive dismissal claim and/or a discrimination claim. If you sign a settlement agreement, ensure it is reviewed by a solicitor (this is a legal requirement — the agreement is not valid otherwise). Resigning under duress is not the same as agreeing.
Does the protection apply to agency workers and self-employed workers?
Agency workers have similar protections from their agency. Genuinely self-employed workers are not covered by unfair dismissal law, but may still have Equality Act protections against discrimination in certain circumstances. Workers (as distinct from employees) also have Equality Act protections.