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Discrimination in the workplace can take many forms, there are a list of ‘protected characteristics’ which make it unlawful for employers to discriminate on grounds of, and these include: age; disability; gender reassignment; marriage and civil partnership; race and/or nationality; religion or philosophical belief; sex, and sexual orientation.
What some people are unaware of is that it is also unlawful for an employer to discriminate due to pregnancy and maternity. This means that employers are not able to treat you unfavourably because you are pregnant, have a pregnancy related sickness, are going on maternity leave, or are currently on maternity leave. Pregnancy can be challenging enough, and the last thing a pregnant woman needs is to stress about redundancy while pregnant, or about how they will support the baby when it arrives.
The Equality Act which was introduced in 2010 means that your employer may not treat you unfavourably because of your maternity, or your request for maternity leave. It also covers pregnancy discrimination. A woman is protected under this act from the time her employer learns of the pregnancy, up until the end of statutory maternity leave.
In what should be an enjoyable and exciting experience for you and your family, the last thing you need is doubt, or uncertainty. Some employers treat staff differently once they find out about their pregnancy, and while it is not common, it isn’t unheard of for women who are expecting to feel like they are being mistreated, side-lined, or even insecure in their job.
In research conducted by the Department for Business, Innovation and Skills (BIS), and the Equality and Human Rights Commission in 2015, nearly 1 in 9 new mums were reported to have felt pressured into leaving their job. These figures include those who were made redundant while others kept their jobs, and those who felt too uncomfortable to work any longer.
There are a number of common types of discrimination which can occur against pregnant women, or those on maternity leave, including: not offering the same opportunities to a woman who is pregnant or on maternity leave, including training or potential promotion; treating a pregnant woman less-favourably because her sickness is pregnancy related; dismissing a woman who is on maternity leave just before she is due to return to work, or just after she has returned to work, in favour of the person who has covered the woman’s position whilst on maternity leave; making a woman redundant, whether for reasons which are related to her maternity leave, or because she is pregnant.
Pregnancy discrimination is often subtle, so it is important to look out for other signs such as: increased negative feedback or criticism; changed workload and responsibilities; invitations to less meetings, as well as exclusion from social and networking events.
While these are common examples of pregnancy discrimination, there are a host of ways a pregnant woman can be discriminated against. The best way to make a decision about whether you have been discriminated against is to ask yourself ‘would the treatment I received have been more favourable if I was not pregnant or on maternity leave?’ If the answer to this question is yes, then the chances are you have been discriminated against, and you should seek legal advice right away.
If any of these situations seem familiar, or if you think that you have been discriminated against in any way during your pregnancy or maternity leave, it is important you contact a lawyer immediately. When making claims against your employer for discrimination, you must act within three months of the most recent incident.
As well as understanding situations where you feel you may have been discriminated against because of your pregnancy or while on maternity leave, it is also important to understand what you are entitled to. Pregnant women are entitled to one year of statutory maternity leave, including maternity pay, as well as the same rights to changes in terms and conditions, such as pay rises, bonuses, and promotions. These rights apply to women regardless of how long they have worked at the company for. The rights also apply to women whose fixed-term contracts are not renewed.
The law is in place to protect both workers and job applicants. A worker will be treated the same whether they are full-time, part-time, those on a permanent contract, and those who aren’t. Our lawyers have experience working with those who have been discriminated against in all working capacities, are here to provide you with any advice you, as an employee, may have surrounding your pregnancy or maternity leave.
We offer advice to clients on issues such as: sickness; pay and conditions; redundancy; promotion and training, and return to work. Our support is here for anyone who feels they have been discriminated against, those who are worried they are currently facing discrimination, or for those who just wish to make sure their rights are being protected.
"I was dismissed after I told my employer I was pregnant. Andrew Lloyd took my case on, won it at the Tribunal and even enforced the award using bailiffs when my employer didn’t pay. I was so happy with the service I received from Andrew. He always kept me fully updated and achieved a great result for me. I would recommend
Lloyd Donnelly Solicitors."
Georgina Turner, Borehamwood
We understand that no two cases are the same, and because of this we tailor our advice to your exact situation. Our team of experts are trained to give women behind the scenes support while under employment, and those who wish to take action against their employers after their contract has been terminated. We look to resolve issues as quickly and as easily as possible, and where situations cannot be resolved using the grievance process, or if you have been made unfairly redundant, we will represent you at an Employment Tribunal.
Speak to one of our team today by phoning us on 02082077358, or contact us online.
I was dismissed after I told my employer I was pregnant. Andrew Lloyd took my case on won it...
