How to Handle Workplace Discrimination After Maternity Leave: Your Rights and Next Steps in the UK

You have the right to return to the same job after Ordinary Maternity Leave (first 26 weeks). If you take Additional Maternity Leave (up to 52 weeks), your employer must offer you your original job or a suitable alternative on the same terms and conditions. Any less favourable treatment may be considered maternity discrimination.

Start by documenting what’s happening. Speak to your line manager or HR informally, then submit a formal grievance if necessary. You can also contact ACAS for free early conciliation before taking your case to an employment tribunal.

Not without valid reason. If your job has changed and you weren’t consulted or the new role is objectively less favourable, you may have grounds for a constructive dismissal or discrimination claim.

Yes, you can submit a statutory flexible working request once in any 12-month period. Your employer must consider it in a “reasonable manner” and give you a decision within 3 months. If refused, they must provide one of the legally acceptable business reasons.

No. Demotion based on your maternity leave is unlawful under the Equality Act 2010. If you’re demoted or excluded from promotions due to having taken leave, this may be considered direct sex discrimination.

You’re not legally required to return. However, you may need to repay contractual maternity pay (not statutory) if your contract includes that clause. Be sure to give your employer notice as per your contract.

Talk to your GP or health visitor, and consider speaking to your employer about a phased return to work. You can also access resources from Maternity Action, Mind, or speak with others through support networks like the ivee community.