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How our pregnancy & maternity discrimination at work specialists can help

Dealing with pregnancy and employment shouldn’t be a negative experience for anyone, but unfortunately there are still employers out there whose actions amount to discrimination on the grounds of pregnancy and maternity. That’s why we recommend getting in touch with our employment team as soon as possible.

Discrimination on the grounds of pregnancy and maternity

Discrimination against pregnant employees, or employees on maternity leave is illegal. Under the Equality Act 2010, it is unlawful for an employer to discriminate against a woman because she is pregnant or has recently given birth, or if she has a pregnancy-related illness, or has exercised (or is seeking to exercise) the right to maternity leave.

 

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

pregnancy & maternity discrimination at work frequently asked questions

What is maternity discrimination in the workplace? toggle accordion
Maternity discrimination occurs if you are treated unfavourably because you are exercising or seeking to exercise, or have exercised or sought to exercise the right to maternity leave.

Is there a qualifying period for bringing a claim for pregnancy and/or maternity discrimination? toggle accordion
There is no qualifying period in order to bring a claim for pregnancy and/or maternity discrimination, so you have automatic protection from day one of your employment; whether you’re a full-time employee, an agency worker or a freelancer. The protection against pregnancy and maternity discrimination lasts for a specific period. It starts when you become pregnant and ends when your maternity leave finishes. This is known as the ‘protected period’. An employee on maternity leave is protected by pregnancy and maternity discrimination law until the end of their leave. Any unlawful discrimination suffered after that would still be classed as illegal, but this would be sex discrimination.

What are some examples of pregnancy and maternity discrimination in the workplace? toggle accordion
See below for some common examples of pregnancy discrimination at work:
  • Refusing to promote an employee because they are pregnant;
  • Not offering you the same training or promotion opportunities;
  • Treating you unfavourably because you have a pregnancy-related sickness;
  • Dismissing an employee due to pregnancy;
  • Refusing to provide workplace adjustments and accommodation;
  • Bullying or harassing an employee for being pregnant;
  • Forcing an employee to take unwanted leave, or making changes to their role due to pregnancy;
  • Mistreating an employee for raising a complaint about pregnancy discrimination;
  • Making a person’s role redundant while they are on maternity leave without there being a genuine redundancy situation;
  • Changing a person’s role, and expecting them to re-apply for it when they return from maternity leave (this may also include an employer suggesting to the person that they don’t apply);
  • Cutting someone’s hourly rate or yearly salary while they are on maternity leave;
  • Refusing employment benefits, such as childcare vouchers or profit share bonus to somebody on maternity leave;
  • Bullying/harassment.

What sort of adjustments can be made in the workplace for pregnant employees? toggle accordion
It is the responsibility of an employer to provide a suitable working environment for pregnant employees. If they don’t, this could be grounds for a pregnancy discrimination claim. Adjustments could include bringing in adjustable desks, different chairs, providing seating if the job requires employees to stand, and also being flexible with schedules. A pregnant employee might suffer from morning sickness, so may ask for a later working schedule.

What do I do if I’m facing pregnancy discrimination? toggle accordion
If you feel as though you’re suffering discrimination on the grounds of pregnancy or maternity, it’s important to take the right steps. In the first instance, you may wish to try resolving the issue informally, especially if you want to keep working with your employer. However, if this doesn’t work, there are other options available which include the following:
  • Make a formal complaint. This is called ‘raising a grievance’.
  • Negotiate with your employer to reach an agreement. This is called ‘settling’.
  • Take legal action at an Employment Tribunal.

Our approach to pregnancy & maternity discrimination at work

  • Helping you feel reassured that the treatment you’ve received is not okay, and we are here to help
  • Identifying the extent of the discrimination and building your case
  • Doing everything we can to achieve the best outcome for you

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Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

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Our pregnancy & maternity discrimination at work experts are here to guide you

Other Discrimination Claims claims we can help with

Age discrimination → Disability discrimination → Gender reassignment discrimination → Racial discrimination → Sex discrimination →

Get in touch with our no win, no fee pregnancy & maternity discrimination at work solicitors today

If you need to talk to someone sooner you can call us for free on 0808 164 0808

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Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.

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