Pregnancy Sickness & Work

You Are Protected by Law

If you are suffering from pregnancy sickness and worried about work, the most important thing to know is this: you have significant legal protections. Pregnancy-related illness is treated differently from other illness under UK law, and your employer has specific obligations to support you. Many women do not know the extent of their rights, and some employers — whether through ignorance or intent — do not fulfil their legal duties. Understanding your rights empowers you to advocate for yourself.

The Equality Act 2010

The Equality Act 2010 is the cornerstone of your protection at work during pregnancy. Under this Act, pregnancy and maternity are "protected characteristics," meaning it is unlawful to treat you unfavourably because of your pregnancy or pregnancy-related illness.

Key protections include:

• You cannot be dismissed or made redundant because of pregnancy or pregnancy-related illness. This protection applies from the moment you become pregnant until the end of your maternity leave, regardless of how long you have been employed.
• Pregnancy-related sickness absence must not be counted in absence management procedures. If your employer has a policy that triggers warnings, meetings, or dismissal after a certain number of sick days, days off due to pregnancy-related sickness must be excluded from that count. This is a critical protection that many employers get wrong.
• You cannot be treated less favourably because of pregnancy sickness. This includes being passed over for promotion, being given less desirable work, having your responsibilities removed, or being subjected to negative comments about your attendance.
• Protection applies from day one of employment. Unlike some employment rights that require a qualifying period, protection from pregnancy discrimination applies from your very first day of work.

Pregnancy-Related Sick Leave

When you are off sick due to pregnancy-related illness, the rules are different from ordinary sick leave:

It Does Not Count Against You

Your employer must record pregnancy-related sickness separately from other sickness absence. It must not be used to trigger any absence management procedures, including Bradford Factor calculations, return-to-work interviews framed as warnings, or dismissal processes. If your employer fails to separate pregnancy-related absence from general absence records, this is likely to constitute pregnancy discrimination.

Self-Certification and GP Sick Notes

For the first seven calendar days of sickness, you can self-certify — meaning you do not need a note from your GP. After seven days, you will need a fit note (previously called a sick note) from your GP. Your GP can issue a fit note that states you are "not fit for work" or "may be fit for work with adjustments." If adjustments are recommended, your employer should consider them seriously.

When Sick Leave Triggers Maternity Leave

If you are off sick with a pregnancy-related illness in the four weeks before your expected week of childbirth (from 36 weeks), your employer can start your maternity leave automatically. Before this point, they cannot force you to start maternity leave due to pregnancy sickness. This is an important distinction — if you are unwell at 30 weeks, your employer cannot tell you to start your maternity leave early.

Risk Assessments

Your employer has a legal duty to assess workplace risks to pregnant women. Once you have notified your employer in writing that you are pregnant, they must carry out a risk assessment. For women with pregnancy sickness, relevant risks might include:

• Exposure to strong smells, chemicals, or fumes that trigger nausea
• Long periods without access to food or drink
• Distance from toilet facilities
• Long standing periods
• Shift patterns that interfere with rest or medication timing
• Stressful working conditions that worsen symptoms
• Travel requirements (commuting, business travel)

If the risk assessment identifies hazards, your employer must take action. They should first adjust your working conditions or hours. If that is not possible, they should offer you suitable alternative work. If no alternative work is available, they must suspend you on full pay. They cannot simply ignore the risks.

Reasonable Adjustments

While the term "reasonable adjustments" technically applies to disability under the Equality Act, employers are expected to make accommodations for pregnancy-related conditions as part of their duty of care and risk assessment obligations. Adjustments that may help with pregnancy sickness include:

• Flexible working hours: Starting later if mornings are worst, or working shorter days with the time made up later
• Working from home: Avoiding triggers associated with the workplace or commute
• Desk near toilet facilities: Reducing the distance you need to travel when nausea strikes
• Frequent breaks: Allowing short breaks to eat small amounts, take fresh air, or manage nausea
• Adjusted duties: Avoiding tasks that involve exposure to nausea triggers (certain smells, heat, movement)
• Reduced commuting: Allowing travel outside rush hour or reducing the number of days in the office
• Access to a private rest area: A quiet space to rest when symptoms are severe
• Permission to eat and drink at your workstation: Small, frequent snacks can help manage nausea

Telling Your Employer

You are not legally required to tell your employer you are pregnant until 15 weeks before your due date (the "notification week"). However, you cannot access pregnancy-specific protections until your employer knows you are pregnant. This creates a difficult decision for many women, especially those experiencing sickness in the first trimester when they may not have planned to share their news.

Practical considerations:

• You do not need to explain the cause of your sickness absence until you are ready to disclose your pregnancy. You can simply report that you are unwell.
• Once you do tell your employer, notify them in writing (email is fine) so there is a clear record of when they were informed.
• Ask your employer to keep the information confidential if you do not want colleagues to know yet.
• If your sickness is severe enough that it is affecting your work, telling your employer sooner allows them to make adjustments and ensures your absence is correctly recorded as pregnancy-related.

Statutory Sick Pay (SSP)

If you are too unwell to work, you may be entitled to Statutory Sick Pay. SSP is currently set at a weekly rate (check gov.uk for the current amount) and is paid by your employer for up to 28 weeks. To qualify, you must:

• Be classed as an employee
• Have been ill for at least 4 consecutive days (including non-working days)
• Earn at least the lower earnings limit for National Insurance

Many employers offer contractual sick pay that is more generous than SSP. Check your employment contract or staff handbook. If your employer refuses to pay SSP, you can contact HMRC's Statutory Payments Disputes team.

Maternity Allowance

If you do not qualify for Statutory Maternity Pay (SMP) — for example, because you have not been employed for long enough or because you are self-employed — you may be eligible for Maternity Allowance. This is paid by the government through Jobcentre Plus. You can claim if you have been employed or self-employed for at least 26 weeks in the 66 weeks before your due date. Check eligibility on gov.uk or contact your local Jobcentre Plus.

Starting Maternity Leave Early

If your pregnancy sickness is so severe that you cannot continue working, you may choose to start your maternity leave early. You can begin maternity leave from 11 weeks before your due date (29 weeks of pregnancy). Consider carefully, as starting maternity leave early means it ends earlier — and your maternity pay runs from the date leave starts.

If you are considering early maternity leave due to sickness, also explore whether adjustments or a phased return could allow you to continue working longer. Discuss your options with your GP, midwife, employer, and union representative if you have one.

Discrimination — What to Do If It Happens

Despite clear legal protections, pregnancy discrimination remains common. Research by the Equality and Human Rights Commission found that around 54,000 women a year lose their jobs due to pregnancy or maternity discrimination. If you believe you are being treated unfairly because of pregnancy sickness, take the following steps:

Step 1: Keep Records

Document everything. Save emails, note conversations (date, time, who was present, what was said), keep copies of absence records and any correspondence about your sickness. Written evidence is crucial if you later need to make a formal complaint.

Step 2: Raise It Informally

If you feel safe doing so, raise the issue with your line manager or HR department. Sometimes discrimination results from ignorance rather than malice, and educating your employer about their legal obligations may resolve the issue. Put your concerns in writing.

Step 3: Use Your Employer's Grievance Procedure

If informal discussion does not resolve the issue, submit a formal grievance in writing. Your employer is legally required to have a grievance procedure. This creates a formal record and triggers obligations on your employer to investigate.

Step 4: Contact ACAS

ACAS (Advisory, Conciliation and Arbitration Service) offers free, impartial advice on workplace disputes. Call their helpline on 0300 123 1100. If you are considering an employment tribunal claim, you must contact ACAS first for early conciliation — this is a legal requirement before a tribunal claim can proceed.

Step 5: Employment Tribunal

If the issue is not resolved, you can bring a claim to an employment tribunal. There is no fee for making a claim. You must normally submit your claim within three months (minus one day) of the discriminatory act. Pregnancy discrimination claims do not require a minimum period of employment. Seek legal advice — many solicitors offer free initial consultations, and some no-win-no-fee arrangements may be available.

Where to Get Help

Organisation	What They Offer	Contact
ACAS	Free, impartial workplace advice and early conciliation	0300 123 1100 / acas.org.uk
Citizens Advice	Free legal guidance on employment rights	citizensadvice.org.uk
Maternity Action	Specialist advice on maternity rights at work	maternityaction.org.uk
Working Families	Support for working parents, free legal advice line	workingfamilies.org.uk
Equality Advisory Support Service	Advice on discrimination under the Equality Act	0808 800 0082
Your Trade Union	Representation and support (if you are a member)	Check your union website