Pregnancy and Maternity Toolkit

Toolkit collated by Emma Sheppard

Pregnancy and maternity is a protected characteristic under the 2010 Equality Act that ensures that women’s employment rights including her health and safety are protected from when she becomes pregnant to 26 weeks after she has given birth.
Maternity discrimination also extends for the period that a woman is on maternity leave.
Beyond the 26 week / maternity leave period, discriminating against a mother is included in sex discrimination – either considered ‘direct’ or ‘indirect’ sex discrimination.
Breastfeeding is now protected within the pregnancy and maternity characteristic.
As a protected characteristic, pregnancy and maternity does not extend to fathers, women or men undergoing fertility treatment, adoption, non-birth mothers in same-sex relationships, mothers who are not breastfeeding after the 26 week / maternity leave period or when a mother stops breastfeeding.
Women who fall under the protected characteristic of pregnancy and maternity are entitled to protection from pregnancy and maternity discrimination – any treatment, comments or behaviours that treat a woman unfavourably because she is pregnant, has recently given birth or is breastfeeding.

Pregnant women and breastfeeding mothers are entitled to a risk assessment, updated according to any new developments in their pregnancy.
Pregnant women are entitled to paid time off for antenatal appointments.
During the pregnancy and maternity protected period, teachers should not be disadvantaged because of their pregnancy or time on maternity leave, which includes having access to training and development and opportunities to promotion.
Teachers should not be subject to discriminatory behaviour, treatment or comments because of their pregnancy, time on maternity leave or decision to breastfeed.
Teachers are entitled to maternity pay and conditions according to those outlined in the Burgundy Book.
Teachers are entitled to 10 KIT days or 20 SPLIT days per parent, as mutually agreed with their employer.
An employee’s job and terms and conditions, or a suitable alternative job on similar terms, is protected whilst on maternity leave.

We are collating a growing bank of resources to support you in reflecting on the following questions:

How can we avoid pregnancy and maternity discrimination in our schools?
How can we retain and support the career progression of teachers when they become mothers?
How can we empower teachers over the pregnancy, maternity and return to work period?
How can we reduce the gender pay gap in education by understanding more about, and addressing the ‘motherhood penalty’?
How can we go beyond the current legal requirements to support colleagues undergoing fertility treatment, becoming parents through adoption or surrogacy, fathers, parents in same-sex partnerships and as teachers continue to balance their professional and parenting commitments beyond the protected period?
How can we make our schools more ‘family-friendly’ employers, to benefit all staff?