I was passed over for promotion because I took maternity leave

Being denied a promotion because you took maternity leave is unlawful discrimination under the Equality Act 2010. The protected characteristic of "pregnancy and maternity" under section 18 of the Act protects women from unfavourable treatment connected to maternity leave for the duration of the protected period (which runs from the start of pregnancy to the end of maternity leave).

Even after the protected period ends, treating a woman less favourably because she took maternity leave may constitute sex discrimination under section 13 of the Equality Act 2010, as it treats her less favourably than a male comparator who had been absent for a different reason.

Additionally, the Maternity and Parental Leave Regulations 1999 (Regulation 19) prohibit subjecting a woman to any detriment because of pregnancy, childbirth, or maternity leave. This covers decisions about promotion, pay reviews, performance appraisals, access to training, and other benefits.

To succeed in a claim, you do not need to prove that the decision-maker consciously or deliberately discriminated. It is enough to show that maternity leave was a material reason for the less favourable treatment. Employers are required to conduct pay and promotion reviews fairly, ensuring that maternity leave absences are not used as a negative factor.

Bring a claim in the Employment Tribunal within three months minus one day of the act complained of. No minimum service period is required. Keep all relevant emails, meeting notes, and evidence of the promotion process and who was promoted instead of you.