ABSTRACT
So a person discriminates against a woman if, in the protected period in relation to her pregnancy, she is treated unfavourably because of the pregnancy or any illness suffered by her as a result of it. This is different from most of the other protected characteristics, which require ‘less favourable treatment’. In relation to disability and pregnancy/maternity the requirement is for ‘unfavourable treatment’. Specifi cally this includes unfavourable treatment because the woman is on any kind of maternity leave or for exercising, seeking to exercise or having exercised her right to ordinary and additional maternity leave (section 18(4)). The reference to unfavourable treatment rather than less favourable treatment clearly shows that no comparator is required. The protected period begins when the pregnancy begins and ends, if the woman has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period, or (if earlier) when she returns to work after the pregnancy. If she does not have that right, then it will stop at the end of two weeks beginning with the end of the pregnancy (section 18(6)).
