A new ruling involving an Italian women’s football club has drawn international attention after a player successfully challenged the withdrawal of her contract following the discovery that she was pregnant. Although the ruling was made in Italy, the issues it raises are equally relevant to UK employers and employees because UK law also provides extensive protection against pregnancy discrimination. Understanding the employment rights for pregnant employees is therefore essential for both employers and workers. 

Read on as we examine what happened and why the case is relevant in the UK. We then discuss the steps individuals can take if they believe their pregnancy rights have been breached.

Contact Redmans Solicitors today if you believe your pregnancy rights have been violated. Our specialist team is here to help. Following a brief consultation, we can assess your circumstances, answer your queries and provide expert assistance. Should you have an eligible claim, we can also guide you through each stage of the legal process.

To begin your journey with us now, please:

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Employment Rights for Pregnant Employees: Italy Football Breach

Maja Göthberg, a Swedish footballer, had spent the 2023/24 season with Lazio Women (an Italian women’s football club). When her original contract ended, she and the club negotiated a new one for the upcoming season. The parties had agreed (through her agent) on a one-year deal worth €64,000 but hadn’t yet signed a contract. In July 2024, before signing, Göthberg found out she was pregnant and informed the club. After learning of the pregnancy, however, the club argued there was no contract. Göthberg’s teammates were then also told about her pregnancy, without first obtaining her consent. 

Göthberg initially brought her claim before FIFA’s Dispute Resolution Chamber, which rejected her case. However, on appeal to the Court of Arbitration for Sport (“CAS”), it was held that a binding employment relationship existed, even without a signed contract, because the parties had agreed the essential terms. The club was therefore found to have unlawfully ended that employment relationship because of her pregnancy.  

Lazio were ordered to pay Göthberg €64,000 plus interest for her loss of salary and €5,333 plus interest for the infringement of her private medical information. 

Why is This Case Relevant to UK Employment Law? 

Although the decision arose in Italy under FIFA’s maternity regulations and was decided by the CAS, the issues at the heart of the case, withdrawing employment because of pregnancy and mishandling confidential pregnancy information, closely mirror protections already provided under UK employment law. For UK employers, the case serves as a timely reminder of the employment rights for pregnant employees and the importance of ensuring pregnancy doesn’t influence workplace decisions. 

Employment Rights for Pregnant Employees in the UK 

In the UK, pregnant employees are protected by a combination of equality and employment legislation. The law prohibits employers from treating employees and job applicants unfavourably because of pregnancy or maternity. Protection generally begins from when pregnancy starts and continues during maternity leave. These employment rights for pregnant employees exist regardless of length of service, and are designed to ensure that pregnancy doesn’t place individuals at a disadvantage throughout the employment relationship.

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These rights are wide-ranging, and some key protections are outlined below, though this isn’t an exhaustive list. 

Recruitment and Job Offers 

The protections begin before employment has even started, meaning employers cannot refuse to recruit someone or withdraw a job offer because they’re pregnant. It goes without saying that recruitment decisions should be based on skills and suitability, and employers should avoid making decisions based on assumptions about pregnancy or maternity (for example, thinking that pregnant workers may be less capable or less committed). This is one reason why the circumstances surrounding the Lazio Women’s dispute attracted such attention, even though it was decided under a different legal framework. 

Protection During Employment  

Once employment has begun, employers must continue to ensure that pregnancy does not result in less favourable treatment. Examples of less favourable treatment include: 

• dismissal
• disciplinary action
• demotion
• loss of training
• refusal of promotion
• reduction in hours
• negative treatment because of pregnancy-related absence 

Treating a pregnant employee less favourably can amount to discrimination under the Equality Act 2010. 

Employers should ensure that decisions relating to performance, promotion, disciplinary action or workplace opportunities are based on legitimate business reasons rather than assumptions about an employee’s pregnancy or future maternity leave.  

Pregnancy discrimination isn’t always overt. It can arise where a pregnant employee is excluded from important meetings, overlooked for career development opportunities, or subjected to negative comments about their pregnancy or anticipated absence from work. Even where an employer believes they’re acting in the employee’s best interests, making decisions on their behalf without consultation because they’re pregnant could still lead to allegations of discrimination. 

Maternity Leave 

Employees are entitled to up to 52 weeks of maternity leave. This is split into 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. Generally, employees need to notify their employer at least 15 weeks before the week they are due to give birth, and they need to confirm their pregnancy, the due date, and the day they wish to start maternity leave. Maternity leave cannot start earlier than 11 weeks before the expected week of childbirth. 

Pregnant employees may qualify for statutory maternity pay (or “SMP”) if they have at least 26 weeks of service by the 15th week before the expected week of childbirth and they meet minimum eligibility requirements in respect of earnings. If an employee qualifies for SMP, they will get: 

• 90% of their average weekly earnings (gross) for the first six weeks. 

• followed by the applicable statutory rate (or 90% of their average weekly earnings if lower), for the next 33 weeks. 

During maternity leave, employees continue to accrue annual leave and should receive contractual benefits. An employee’s continuous service is also not broken by maternity leave. 

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Employees who are unsure about their entitlement to Statutory Maternity Pay (SMP), or who think their employer may have made an error when calculating it, should ask their employer to explain how their entitlement has been determined and seek advice if they are still unclear. 

Returning After Maternity Leave 

Following ordinary maternity leave, employees are generally entitled to return to the same job. Where an employee takes additional maternity leave, they should usually still return to the same role unless this isn’t reasonably practicable, in which case a suitable alternative role on no less favourable terms may be offered. 

Redundancy 

It’s a common misconception that pregnant employees, or those on maternity leave (or returning from leave), cannot be dismissed or made redundant. They can; however, in a redundancy situation, a pregnant employee has special protection. The redundancy protection lasts for 18 months after the baby is born. During this period, the employer must offer them a suitable alternative vacancy if one is available.  

If an employer dismisses an employee because they’re pregnant or on maternity leave, this is ‘automatically unfair dismissal’ (which employees can bring, regardless of service length) and may also amount to discrimination.  

What Should Employees Do if Their Rights are Breached? 

Employees who believe they’ve experienced pregnancy discrimination should seek advice promptly, as employment claims are subject to strict time limits. 

It’s often sensible to retain evidence of the alleged discrimination (this might take the form of emails, messages or notes of conversations) and to consider raising a formal grievance with the employer.  

A grievance gives the employer an opportunity to investigate the concerns and provide a formal outcome. In some cases, this can lead to an internal resolution without the need for legal proceedings. 

While it’s generally worthwhile exploring whether the matter can be resolved directly with the employer, employees don’t need to wait before seeking legal advice. In fact, obtaining advice early can help individuals understand their rights and ensure that important deadlines aren’t missed. Most Employment Tribunal claims must be brought within three months less one day of the act complained of.  

Before a claim can proceed, prospective claimants are generally required to notify ACAS and commence Early Conciliation. An ACAS conciliator will help the parties explore whether the dispute can be resolved without the need for formal proceedings. Many disputes are settled at this stage. 

If a settlement cannot be reached, an employee may decide to pursue a claim in the Employment Tribunal. Tribunal proceedings can take many months, or even years, to conclude, and some cases settle before a final hearing. Where a claim proceeds to a hearing, an Employment Judge will consider the evidence and determine its merits. 

Employment Rights for Pregnant Employees: Our Final Thoughts 

Although the Lazio Women’s case arose outside the UK, it demonstrates the importance of ensuring that pregnant employees are treated fairly and not subject to less favourable treatment due to their pregnancy. By understanding the employment rights for pregnant employees, both employers and workers can help create workplaces where pregnancy and maternity are supported rather than treated as barriers to employment.

If you have any questions or concerns regarding your employment rights, contact us now. Redmans Solicitors are industry experts, and following a brief chat, we can guide you forward.

To learn more about how we can help you, simply:

• Phone 020 3397 3603
• Request a callback by completing our online form