If you have been discriminated against or dismissed from work because you are pregnant or have given birth, contact Lloyd Donnelly NOW. You’ll get to speak to one of our Directors and get direct, sympathetic advice from an experienced employment lawyer.
We rarely lose a case, even at tribunal stage and most cases settle before it goes to a hearing. Unlike other employment law cases, you do not need to have two years’ employment to bring a claim for pregnancy discrimination. You are protected from day one and you have three months’ minus one day to bring the pregnancy discrimination claim.
You have been discriminated against because of pregnancy if, for example:
- You have not been offered the same training or promotion opportunities because you are pregnant
- You have been treated unfavourably because of pregnancy related sickness
- You are dismissed on your return from maternity leave and your replacement is kept on instead
- You are made redundant because of your pregnancy
The key question to ask is “would I have been treated this way if I hadn’t fallen pregnant?”
Below is a guide to your rights when pregnant:
Unfairly Discriminated Against Because of Pregnancy?
It is against the law for your employer to discriminate against you for reasons related to your pregnancy. It’s that simple.
Like you, most of our clients are professionals who have worked hard to build a career as well as a family. Again, like you, most people who are discriminated against because of pregnancy or maternity find it comes as a surprise. Most have never been in such a situation before and find it distressing and confusing.
Your rights at work when pregnant
If you are pregnant or have recently given birth, it is important to familiarise yourself with the workplace rights to which you are entitled by law.
If your employer breaches your workplace rights, you might be able to bring a claim for unlawful sex discrimination and/or unfair dismissal.
Workplace rights to be aware of include:
Health and safety (pregnancy)
Your employer is required to identify any health and safety risks you might face at work as a pregnant employee and remove them or offer you paid suspension.
Your employer is obliged to offer you paid time off for doctors’ appointments in connection with your pregnancy and other forms of prenatal care and treatment
You are entitled to statutory maternity leave of up to 52 weeks. Keeping in touch: You have the right to work for up to 10 days of your maternity leave without causing your maternity leave to end. Maternity pay: Your employer might be obliged to pay you a percentage of your salary for up to 39 weeks during your maternity leave. However, many employment contracts offer terms that might be more favourable to you.
Compulsory maternity leave
You are required to take at least two weeks’ maternity leave beginning on the day of birth. If you are a factory worker, the minimum compulsory maternity leave period is four weeks.
Remuneration and benefits
If you feel that due to your pregnancy or maternity leave you have been treated unfairly with regards to the rights afforded to you by the terms of your employment contract and in the normal course of employment, you might be able to bring a claim for discrimination and/or detriment.
Unfair treatment might include being passed over for promotions, bonuses and increments.
Statutory paid annual leave of 5.6 weeks should remain unaffected by the fact that you are taking maternity leave and additional maternity leave.
Post-maternity leave health and safety
Your employer is obliged to identify any health and safety risks that may be present to you as a post-natal employee or breastfeeding mother, and to ensure such risks are removed.
Your employer is obliged to ensure you have access to sufficient breaks for rest and food, and must also provide adequate and appropriate facilities for breastfeeding mothers. Provision of toilets is not considered adequate to satisfy this requirement.
You have the right to request flexible working hours if you have at least one child under the age of seventeen, a request your employer must adequately and properly consider in accordance with the requirements of the law.
Furnishing reasons for dismissal
Dismissal on the grounds of pregnancy or maternity is considered automatic discrimination. Redundancy: If your employer is making other employees redundant, they run the risk of discrimination if the same happens to you as you are granted special protection from redundancy during maternity leave.
Even if you are made redundant out of necessity, your employer is obliged to offer you comparable and appropriate alternative employment.
Why Choose Lloyd Donnelly for your Pregnancy Discrimination Claim?
Our pregnancy discrimination and pregnancy & maternity discrimination lawyers are experts in this field. Your case will be handled by a lawyer with specific experience of the law relating to pregnancy. We are transparent with our fees and we’ll be upfront about any potential costs. We take pride in explaining legal concepts clearly and keeping our clients up to date at every stage.
Our experience tells us that clients want an approachable, friendly solicitor but one who is also prepared to fight their corner tenaciously. We know it can seem hard to go up against someone bigger which is why we’re here to fight your corner.
We know that very often, it’s not about the claim, it’s about putting your life back on track. You may require support to stay in your job or assistance in negotiating a solution with your employer, or you may want to bring the relationship to an end and bring a claim. In any event, our tenacious, formidable solicitors will fight to get you what you need to provide a future for your child.
Start Your UK Pregnancy Discrimination Claim - Hertfordshire, London & Beyond
If you are the victim of Pregnancy Discrimination, we can help. Contact us now or fill out our enquiry form below and we will get back to you as soon as possible.