Returning to work after maternity leave should be a time of renewed opportunity - not a time of stress, anxiety, or unfair treatment. Yet, for many women in the UK, discrimination after maternity leave is an unfortunate reality. In this guide, we break down everything you need to know about how to handle workplace discrimination after maternity leave, from understanding your rights to the practical steps you can take if your job role has changed, you’ve been overlooked for promotions, or you’re facing hostility. It’s all UK-specific, rights-based, and in line with what ivee stands for: empowering women to re-enter the workforce with confidence.
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Jump to:
- Recognising discrimination after maternity leave
- Your rights when returning after maternity leave in the UK
- Handling maternity leave discrimination: What to do
- Flexible working after maternity leave: What you can request
- Legal support and maternity leave discrimination cases in the UK
- Your first day back: Coping, confidence, and community
- FAQs: Discrimination and returning to work after maternity leave
- Conclusion: You deserve better
- References and further reading
Recognising discrimination after maternity leave
Discrimination doesn’t always look like outright hostility. It can be subtle, systemic or masked as “business decisions.” If you’re:
…you could be experiencing maternity leave discrimination.
Your rights when returning after maternity leave in the UK
Under UK law, your maternity rights returning to work are protected by the Equality Act 2010 and Maternity and Parental Leave Regulations 1999. Here’s what that means in practice:
Ordinary Maternity Leave (OML) (first 26 weeks):
- You have the right to return to the same job.
Additional Maternity Leave (AML) (next 26 weeks):
- You should return to the same job unless it’s not “reasonably practicable”, in which case, you must be offered a suitable alternative with the same pay and conditions.
Unfair dismissal:
- You cannot be dismissed because you took maternity leave. This counts as unfair dismissal.
Job changed after returning from maternity leave? If your employer changes your role or demotes you, seek legal advice immediately.
Handling maternity leave discrimination: What to do
If you’re wondering what to do if you’re discriminated against after maternity leave, here are the steps:
1. Document everything
Keep written records of meetings, emails, performance reviews, and any changes to your role. This evidence is key if you decide to take legal action.
2. Request a return to work interview
A formal return to work interview after maternity leave helps clarify expectations and gives you a chance to discuss concerns. Ask for this in writing if it’s not offered.
3. Raise the issue internally
Start informally by speaking to your manager or HR. If needed, raise a formal grievance. Refer to your company’s return to work after maternity leave policies.
4. Seek external advice
Organisations like ACAS offer free advice on returning to work after maternity leave in the UK and handling disputes.
📞 Call ACAS: 0300 123 1100
🌐 Visit: acas.org.uk
Flexible working after maternity leave: What you can request
You have the legal right to request flexible working after maternity leave.
This could include:
- Reduced hours or part-time working
- Job sharing
- Remote work or hybrid models
- Adjusted start/finish times
Your employer must consider this request fairly and lawfully. If refused, they must provide a valid business reason.
Legal support and maternity leave discrimination cases in the UK
If your complaint isn’t resolved internally, you can:
- Contact ACAS to begin Early Conciliation
- File a claim with the Employment Tribunal (within 3 months less one day of the act of discrimination)
Real maternity leave discrimination cases in the UK have resulted in significant compensation when employers fail in their duty.
🔎 Need legal help? Visit:
Your first day back: Coping, confidence, & community
Feeling anxious about going back to work after maternity leave? You’re not alone.
1️⃣ Plan a phased return to work after maternity leave if possible.
2️⃣ Schedule 1:1s with colleagues to catch up.
3️⃣ Set clear boundaries and priorities.
4️⃣ Treat yourself to a little something – a “back to work after maternity leave gift” from you, to you.
💬 And don’t forget: you deserve to be supported. If something doesn’t feel right, speak up.
FAQs: Discrimination and returning to work after maternity leave
Find out how to request a phased return to work
Access phased return to work templates below
Phased return request templatesHit the ground running
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You deserve better!
Returning from maternity leave should mark the beginning of your next chapter – not a battle to reclaim your seat. If you’re facing discrimination after returning from maternity leave, know your rights, gather support, and don’t be afraid to act.
📢 Join the ivee community to connect with other women navigating the same journey, get practical templates, and access free legal advice resources.
References & further reading
For more detailed guidance on your maternity leave rights and how to handle discrimination, check out the following trusted resources:
- ACAS: Pregnancy and Maternity Rights at Work
- Maternity Action: Your Rights at Work
- Working Families: Discrimination During Maternity Leave
- GOV.UK: Maternity Pay and Leave
- Citizens Advice: Pregnancy and Maternity Discrimination
- Equality and Human Rights Commission: Maternity and Work
- NHS: Mental Health and Postnatal Anxiety
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