I was dismissed while pregnant, what can I do?

Dismissal because of pregnancy, a pregnancy-related illness, or anything connected to maternity is one of the most seriously protected areas of employment law. It constitutes both automatically unfair dismissal under section 99 of the Employment Rights Act 1996 and direct discrimination under the protected characteristic of pregnancy and maternity in the Equality Act 2010.

No minimum qualifying period of employment is required. An employee dismissed on her first day of employment for being pregnant can bring claims.

The protection covers: dismissal during pregnancy; dismissal during maternity leave (ordinary or additional); dismissal in the protected period (which ends two weeks after birth); and also selection for redundancy during or in connection with maternity leave.

You must begin an Employment Tribunal claim within three months minus one day of the effective date of termination (or the last act of discrimination). You must first notify ACAS and participate in early conciliation.

Compensation for pregnancy dismissal is uncapped for the discrimination element. For unfair dismissal, the basic award is based on age and length of service, and the compensatory award is capped (currently £115,115 or 52 weeks' pay, whichever is lower) — but this does not apply to the discrimination compensation, which remains uncapped.

Keep all evidence including written communications, any meeting notes, the dismissal letter, and any documents about the employer's stated reason for dismissal. You should also consider applying for a statutory declaration of pregnancy to protect your position before it becomes apparent.