Pregnancy discrimination

[Smarshian]

I work for an agency that recruits staff from overseas for a large employer. A recent recruit has revealed she is pregnant and my manager has said that she can’t start with the employer until after her baby is born.
She has said this because she is worried about how she will support herself as she won’t be entitled to public funds whilst on mat leave. The recruit and employer are happy to proceed. Is this pregnancy discrimination and if so what can I do?

I think that's a breach of the equality act 2010 which protects pregnancy I believe. However I don't think she'll be covered until she's in the U.K. / EU.

The Equality Act 2010 does not specify the territorial scope of its employment provisions. However, the legislation it replaced did and, under that legislation, the recruit would have been covered. It is therefore likely that she is protected by the Equality Act and she could take action against the employer for pregnancy discrimination.

I am, however, puzzled by the role of your agency. If they are genuinely acting as agents and the recruit would be directly employed by the employer (which would be normal for permanent recruits), the recruit's start date is for the employee and the recruit to sort out. The agency should not interfere. If the agency refuses to communicate the employer's willingness to proceed, they may be in breach of their contract with the employer as well as putting the employer at risk of being sued for pregnancy discrimination.

Sorry - just spotted a type. That should say the recruit's start date is for the employer and the recruit to sort out.

Can't even spell typo this morning!