Employment law and gender equality in the UK

Whilst there is still much work to be done in order to address gender inequality in the workplace (e.g. as of early 2026 the overall UK median gender pay gap is at 12.8%), it is also important to view the UK legislative provisions that apply to maternity leave, flexible working and general discrimination against the backdrop of the lack of protection that was in place for previous generations.

In 1970, when my mum was the main earner at home and I was six weeks old, she was forced to go back to work due to several men in the workplace actively voicing their intention to take her job. There was absolutely no maternity protection at that time (and very few nurseries) which is no doubt one of the reasons why so many women “chose” to stay at home.

Fast forward to today, and all employees have the right to 52 weeks’ maternity leave, with most women qualifyng for 39 weeks’ statutory maternity pay (or maternity allowance). Latest figures show that 75.6% of mothers and 92.1% of fathers with dependent children were in work and in dual parent families, over half (50.4% in 2021) now have both parents working full time.

Pregnancy and maternity are protected characteristics under the Equality Act 2010, covering women during recruitment and beyond. More recently (from April 2024) the law was bolstered to protect women for a period of 18 months after they return, for redundancy purposes.

The future looks brighter under the Employment Rights Act 2025, with family friendly changes being phased in over the next couple of years for e.g. paternity and unpaid parental leave rights (April 2026), enhanced protection against dismissal (6 months after the return), and leave for pregnancy loss.

The right to work flexibly is fundamental in the struggle to reduce the motherhood penalty and now applies to all employees from day one. This can cover work location, hours, job sharing, even phased retirement.  Employers must deal with any request in a reasonable manner, also granting a right of appeal (there are 8 business grounds they can rely on to turn down a request).

Although there is much more awareness around workplace protection for women, it remains an area of significant challenge. This is borne out by, for example, the rise in the number of tribunal claims due to the menopause (64 in 2022 to 204 in 2024). In my work  I see some stark examples of discrimination in the workplace due to the menopause (usually relying on disability, age and sex discrimination) and it is a key reason behind losing female talent in the workplace.

Again, the right to work flexibly is at the heart of retaining this talent alongside understanding the bespoke challenges that women face at this life stage including caring for elderly parents and generally sitting in the “sandwich generation”.

The Employment Rights Act 2025 builds on existing gender pay gap reporting by requiring employers with 250+ employees to publish mandatory equality action plans, alongside menopause action plans.

The Government is committed to fighting the motherhood penalty and in a recent interview with Joeli Brearley of Pregnant then Screwed, Sir Keir Starmer promised the government will be tracking and publishing data to see if the forthcoming changes in the legislation improve the picture.