Can a Company Refuse to Recruit Pregnant Candidates?

The Equality Act 2010 (the “Act”)

Under the Act, pregnancy and maternity are protected characteristics. This means that treating a job applicant unfavourably because they are pregnant, or because they are planning to take maternity leave, is considered direct discrimination.

Of significant importance, in cases involving pregnancy and maternity, you do need to have a comparator. The unfavourable treatment alone is sufficient to establish discrimination.

Further, if an employer refuses to hire someone simply because she is of child-bearing age and might become pregnant, this can amount to direct sex discrimination. In such cases, a man of the same age would serve as the comparator, highlighting the unequal treatment based on gender.

The Act applies to every stage of the recruitment process, from advertising job role, interviews to final job offers.

Recent Study

This is why a recent study by the University of Bath revealed concerning findings. This study found that there is a concerning pattern among UK employers (particularly smaller businesses) who are avoiding hiring pregnant candidates.

This practice not only raises ethical questions but also exposes employers to significant legal risks under UK discrimination law.

Our advice

It is essential that employers avoid asking candidates about their family plans or pregnancy status during interviews.

Decisions need to be based solely on merit. This includes reviewing the qualifications, experience, and suitability for the role.

We advise keeping clear records of decision-making and applying consistent assessment criteria across all candidates to demonstrate your compliance in this regard.

If a candidate is later discovered to be pregnant, withdrawing the job offer would be unlawful.

Consequences

The consequences of breaching these rules can be severe.

Compensation for unlawful discrimination is uncapped, and tribunals can also award damages for injury to feelings. Beyond this, employer’s will clearly risk reputational damage. This can have a lasting impact on a Company’s ability to attract talent and maintain trust.

If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239 761.