At Howe & Co, we provide assistance to service personnel who face challenges relating to maternity rights whilst in the Armed Forces . While the armed forces operate under their own policies, service members are still entitled to protection under UK equality and employment law, including the Equality Act 2010. This means that women in service have the same fundamental right to be free from discrimination as those in civilian employment.
Maternity discrimination in the armed forces occurs when a service member is mistreated due to pregnancy, maternity leave, or related circumstances. This may involve denied promotion opportunities, negative performance reviews, or inappropriate changes to duties. Understanding how the law applies in the Armed Forces is key for those who may feel discriminated against, as it not only protects careers but also ensures that armed forces policies remain compliant with broader UK legal standards.
Key Legal Considerations in the Introduction
| Legal Protection | Application in the Armed Forces |
| Equality Act 2010 | Protects against pregnancy and maternity discrimination. |
| Employment Rights Act 1996 | Establishes rights to maternity leave and return to work. |
| MOD Policies | Set internal procedures for leave, pay, and complaints. |
Maternity Rights in the Armed Forces
Maternity rights within the armed forces are both a matter of UK law and Ministry of Defence (MOD) policy. Service personnel are entitled to the same fundamental rights as civilian employees, but the way these rights are administered can change due to the structure of military employment.
In practice, pregnant service members are entitled to maternity leave, maternity pay, and protection from unfavourable treatment. However, legal challenges can arise when MOD policies or military procedures appear to conflict with the rights provided under the Equality Act 2010 and the Employment Rights Act 1996. For this reason, it is crucial that applicants understand not only their entitlements but also how to enforce them.
Key Maternity Rights for Service Personnel
| Right | Civilian Equivalent | Armed Forces Application |
| Maternity Leave | Up to 52 weeks | Available to service members under MOD policy |
| Maternity Pay | Statutory Maternity Pay (SMP) | Armed forces may offer service-specific schemes |
| Protection from Discrimination | Equality Act 2010 | Applies equally to service personnel |
| Right to Return | Same or similar role post-leave | Must be observed by the armed forces |
Why Women Leave the Armed Forces After Having a Child
Some of the potential reasons why women who served in the armed forces may leave after starting a family may include the likes of:
- Better Work Life Balance – Being in the Armed Forces whilst trying to start a family can be very difficult for mothers to manage, as they will likely be stationed away from home, where they can’t effectively raise their children.
- Discrimination and Inadequate Treatment – Once they have children and aim to start a family, women may face subpar treatment in the military.
- Children’s Wellbeing Priority – Women may feel they must choose between their careers in the military and their children’s happiness and stability, with many prioritising their family’s needs.
Veterans Welfare Group – Women’s Occupational Discrimination Support
Maternity discrimination in the armed forces is not only damaging to a career but also a clear breach of the legal protections owed to service personnel.
At Veterans Welfare Group, they aim to provide a comprehensive, holistic support for veterans who have been discriminated against in the Armed Forces. From legal advice and guidance for claims against the MoD to mental well-being and emotional support, they’re able to help you.
Examples of Occupational Maternity Discrimination
From a legal standpoint, maternity discrimination in the armed forces can take many forms, ranging from subtle unfair treatment to more serious breaches of statutory rights. At Howe & Co., we can help support service members who encounter obstacles during pregnancy, maternity leave, or upon returning to active duty. Identifying these points is an essential first step in pursuing a claim.
Typical examples include unfair denial of career progression opportunities, such as promotions being delayed or withdrawn due to pregnancy. Other cases involve negative treatment during maternity leave, including exclusion from training or communications, which may affect long-term career prospects. In more serious circumstances, service members may have been pressured to return early from leave or reassigned to roles that undermine their skills and experience.
Common Forms of Maternity Discrimination
- Promotion opportunities withdrawn or delayed due to pregnancy.
- Negative performance assessments linked to maternity absence.
- Pressure to return early from maternity leave.
- Lack of reasonable adjustments during pregnancy or upon return.
- Exclusion from training, exercises, or postings affecting career trajectory.
How to Make a Claim for Occupational Maternal Discrimination
At Howe & Co, we guide service members through the correct legal process for raising maternity discrimination claims. While the armed forces have their own internal systems, individuals are still entitled to use formal legal routes to protect their rights. This dual framework can seem complex, but with proper advice, it is possible to pursue a strong case.
The first stage often involves submitting a service complaint within the armed forces structure. This is an internal mechanism where grievances are formally recorded and reviewed. However, if the case isn’t resolved, or if the treatment amounts to a breach of statutory rights, claims may also be brought before an Employment Tribunal. Both routes have strict time limits, which makes early legal advice essential.
How Howe Co Can Help
Maternity discrimination claims in the armed forces require a balance between understanding military procedures and applying civilian employment law protections. At Howe & Co, we provide legal guidance that helps service members pursue their claims effectively, ensuring they meet both internal and tribunal requirements.
Our role is to assist with gathering evidence, preparing documentation, and presenting legal arguments in a way that highlights breaches of statutory rights. We also ensure that time limits are met, which is particularly important given the strict deadlines for tribunal claims.
