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Employer's guide to hiring a pregnant woman under UK law
As an employer in the UK, if you reject a job applicant as they're pregnant, or are going to on maternity leave, you're discriminating under the Equality Act 2010.
But often employers and managers are unsure of whether applicants are obliged to reveal their pregnancy or what they can ask in interviews. In this specialist guide by our UK employment law advisers, we answer FAQs on this topic that requires total compliance.
Can you not hire someone because they are pregnant?
No, you can't as this would be a breach of the Equality Act 2010. In the Act, there are nine protected characteristics you can't discriminate against, one of which is pregnancy and maternity. Job applicants also have this protection.
If you don't comply with this employment law, you face a potential employment tribunal claim for discrimination.
Is a job applicant legally obliged to disclose their pregnancy to you?
No. Female job applicants do not have a legal duty to reveal that they are pregnant.
If they do tell you or it’s obvious, it should not be taken into consideration when deciding whether they are right for the role. The role should be offered to the job applicant that has the best skills and experience, irrespectively of whether they are pregnant or are likely to become pregnant in the future.
When should an employee inform our business of their pregnancy?
After they get the job, the employee must inform you of their pregnancy at least 15 weeks before the expected week of birth. You can ask for proof the employee is pregnant. If asked, the employee must submit a medical certificate (known as the MATB1 certificate), which is provided by midwives or doctors about 20 weeks before the due date. If the employee is claiming Statutory Maternity Pay, they must provide this certificate to prove their pregnancy.
It’s in the employees’ best interests to inform you as soon as possible to benefits from their rights, such as the right to attend natal appointments.
You can read more on this in our employer's guide to dismissing a pregnant employee or new mum.
Can I tell a recruitment agency I don’t want any applicants who are pregnant or on maternity leave?
No. This would be unlawful discrimination.
Can I ask a candidate if they are pregnant or are likely to fall pregnant soon in their interview?
No, this'd breach the Equality Act 2010 as unlawful pregnancy and sex discrimination.
If you find out a job applicant is pregnant, can I withdraw a job offer?
No, this'd be discrimination. Remember, once the applicant has accepted an unconditional job offer, there is a legally binding contract of employment between the employer and the applicant. If you don't hire the applicant, they can take legal action against you for ‘breach of contract’. A conditional job offer can be withdrawn if the applicant does not fulfil all the conditions of the offer.
The conditions could include satisfactory references, a criminal record check, a qualifications check or a health check. However, if the applicant does meet all the conditions and you decide to withdraw the offer, the applicant can take legal action against you for breach of contract.
How to ensure legal compliance when hiring a pregnant woman
You must follow the standards set out in the Equality Act 2010, which means not discriminating against pregnant job candidates. This means you must have a complaint and fair hiring process that treats all candidates in the same way.
Avoid asking any questions relating to:
Whether they're married
Whether they have children
If they're pregnant or plan on having children
If you want to probe into an applicant’s suitability for a position, you could ask them if there's anything that'd interfere with regular attendance at work, their ability to work overtime, or at short notice.
Get expert support in compliant hiring practices
Ensuring your business recruitment strategy is compliant with UK employment laws is essential for your business reputation. To ensure total compliance, contact us today for a free consultation: 0345 226 8393.
