What Will Happen in My Pregnancy Discrimination Case? Highest Settlement Rate
This article applies to England, Wales and Scotland.
Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you are dealing with a workplace dispute, consider speaking to a solicitor for advice specific to your circumstances.
In brief: Pregnancy and maternity discrimination claims rose 68% year-on-year to 387 complaints in Q2 2025/26. These claims have the highest ACAS settlement rate of any claim type at 41%, and 94% are resolved without ever reaching a hearing. Just 1% succeeded at a full hearing, with the vast majority settling early.
Last updated: February 2026
If you have been treated unfairly at work because of pregnancy, maternity leave, or anything connected to having a baby, the data shows you are more likely to reach a settlement than with almost any other type of tribunal claim. Pregnancy discrimination complaints have risen sharply over the past year, and the ACAS settlement rate for these claims is the highest across all claim types.
The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q2 2025/26. Pregnancy and maternity discrimination is protected under the Equality Act 2010 and the Employment Rights Act 1996, covering direct discrimination, unfavourable treatment because of pregnancy or maternity leave, and dismissal connected to pregnancy.
How many people are in your position?
In Q2 2025/26 (July to September 2025), 387 pregnancy and maternity discrimination complaints were filed.
| Quarter | Pregnancy/maternity complaints |
|---|---|
| Q2 2024/25 (Jul-Sep 2024) | 230 |
| Q3 2024/25 (Oct-Dec 2024) | 268 |
| Q4 2024/25 (Jan-Mar 2025) | 305 |
| Q1 2025/26 (Apr-Jun 2025) | 349 |
| Q2 2025/26 (Jul-Sep 2025) | 387 |
That is a 68% increase compared to Q2 2024/25, when 230 complaints were filed. Growth has been consistent every quarter.
While the raw numbers are smaller than for other discrimination types, pregnancy claims are notable for how frequently they lead to settlement. The smaller volumes partly reflect the specific circumstances required (the claimant must be pregnant, on maternity leave, or recently returned from it), but the high settlement rate suggests these claims carry particular weight with employers.
Common pregnancy discrimination scenarios include being made redundant during or shortly after maternity leave, being denied a promotion or pay rise because of pregnancy, having roles restructured while on leave, being subjected to negative comments about pregnancy or maternity leave, and being offered less favourable terms on return. These claims are frequently filed alongside unfair dismissal where the dismissal is alleged to be connected to the pregnancy.
How will your case most likely end?
The tribunal disposed of 175 pregnancy and maternity complaints in Q2 2025/26. Here is how they were resolved:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 41% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 53% | Claim withdrawn by claimant or dismissed by tribunal |
| Successful at hearing | 1% | Went to full hearing, claimant won |
| Unsuccessful at hearing | 1% | Went to full hearing, employer won |
| Struck out | 1% | Tribunal removed the claim |
| Default judgment | 0% | Employer failed to respond |
| Other | 3% | Includes various procedural outcomes |
The 41% ACAS settlement rate is the highest of any claim type. No other claim type settles through ACAS as frequently. If you imagine 100 pregnancy discrimination claims filed today, around 41 would settle through ACAS, 1 would win at a full hearing, and 94 would be resolved without ever reaching a hearing.
Why do pregnancy claims settle so often? Several factors come into play. The legal protections around pregnancy are some of the strongest in employment law: there is no qualifying service requirement, the burden of proof can shift to the employer more readily, and the reputational risk of defending a pregnancy discrimination claim publicly is significant. Employers and their legal advisors are often motivated to resolve these cases early.
How long will it take?
There is no separate clearance time data for pregnancy and maternity claims in the tribunal statistics. As a discrimination claim under the Equality Act 2010, the closest comparison is sex discrimination (mean 30 weeks) or disability discrimination (mean 31 weeks).
Given the very high settlement rate (41% through ACAS alone), many pregnancy claims are likely to resolve faster than the discrimination average. Claims that settle through ACAS typically close within the first few months.
For a full comparison of timelines across all claim types, see our waiting times analysis.
What this means for you
The data is more encouraging for pregnancy discrimination claims than for most other types of tribunal complaint.
You have the highest chance of settlement. At 41%, the ACAS settlement rate for pregnancy claims is the highest of any claim type. This means your most likely outcome is a negotiated settlement before your case ever reaches a hearing. Going into ACAS early conciliation well prepared, with a clear account of the timeline, the treatment you experienced, and its connection to your pregnancy or maternity leave, puts you in a strong position.
The legal protections are strong. Unlike unfair dismissal (which currently requires two years' qualifying service), pregnancy discrimination has no qualifying period. You are protected from day one of employment. Dismissal connected to pregnancy is automatically unfair, and the employer must show that pregnancy played no part in the decision. This legal framework gives pregnancy claims more weight than many other claim types.
Timing matters more than usual. Pregnancy discrimination often involves a sequence of events: the announcement of pregnancy, changes in treatment, decisions made during maternity leave, and the terms of return. Keeping a detailed record of the timeline, with dates, what was said, who was involved, and any written communications, is particularly important for building a clear narrative.
Most cases never reach a hearing. With 94% resolved without a hearing, the realistic prospect is that your claim will be dealt with through ACAS conciliation, negotiation, or withdrawal. Preparing for a negotiated outcome from the outset is often more practical than preparing for a hearing.
Time limits still apply. You need to start ACAS early conciliation within three months minus one day of the discriminatory act (or the last in a continuing course of conduct). If you are still on maternity leave, the clock may be running on events that happened before or during your leave. The backlog does not extend your deadline. Once the Employment Rights Act 2025 changes take effect (expected October 2026), this may extend to six months.
For pregnancy discrimination cases, you may want to speak with a solicitor who specialises in maternity rights or discrimination law, particularly if your situation involves redundancy during maternity leave or a complex sequence of events.
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Frequently Asked Questions
How many pregnancy discrimination claims are filed?
In Q2 2025/26, 387 pregnancy and maternity discrimination complaints were filed, a 68% increase on the same quarter the previous year.
What percentage of pregnancy discrimination claims succeed?
Around 1% succeed at a full hearing, but 41% settle through ACAS conciliation, the highest settlement rate of any claim type. In total, 94% of pregnancy claims are resolved without ever reaching a hearing.
Do I need two years' service to claim pregnancy discrimination?
No. Pregnancy discrimination has no qualifying service requirement. You are protected from day one of employment under the Equality Act 2010. This is different from ordinary unfair dismissal, which currently requires two years' service (reducing to six months under the Employment Rights Act 2025, expected January 2027).
What counts as pregnancy discrimination?
Pregnancy discrimination covers unfavourable treatment because of pregnancy, pregnancy-related illness, maternity leave, or breastfeeding. It includes being made redundant because of pregnancy, being passed over for opportunities, hostile comments, changes to your role during leave without consultation, and dismissal connected to pregnancy. The Equality Act 2010 and the Employment Rights Act 1996 both provide protections.
Why is the ACAS settlement rate so high for pregnancy claims?
Pregnancy claims carry strong legal protections (no qualifying service, automatic unfair dismissal, shifted burden of proof), and employers face significant reputational risk defending them publicly. These factors motivate early settlement.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R", Ministry of Justice / HM Courts & Tribunals Service, 2025 - https://www.gov.uk/government/collections/tribunals-statistics
- Equality Act 2010, Section 18 (Pregnancy and maternity discrimination) - https://www.legislation.gov.uk/ukpga/2010/15/section/18
- Employment Rights Act 1996, Section 99 (Dismissal connected to pregnancy) - https://www.legislation.gov.uk/ukpga/1996/18/section/99
- "Pregnancy discrimination", ACAS - https://www.acas.org.uk/pregnancy-and-maternity-discrimination