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Each year, 30,000 women in the UK are dismissed or discriminated against in the workplace because of their pregnancy or maternity leave. Discrimination through pregnancy remains a major problem in the workforce. Women do not have to suffer this mistreatment in silence. Pregnancy discrimination by an employer is unlawful. Women who find themselves at the receiving end of this discriminatory treatment may be able to bring a claim to the Employment Tribunal and receive fair compensation.
- bullying or harassment
- dismissal because of pregnancy
- dismissal because of taking maternity leave
- not being considered for promotions
- not being allowed to take time off for antenatal appointments
Our solicitors are qualified to handle pregnancy discrimination claims. Discrimination through pregnancy can take many forms. It is important that you work with a solicitor who specialises in matters of employment law and discrimination. These are some examples of pregnancy discrimination that women may experience in the workplace:
Our solicitors will provide you with free, confidential advice about your potential pregnancy discrimination claim. To speak with an experienced solicitor, just fill out the contact form or telephone us on our helpline. We take cases on a no win no fee basis. You pay absolutely nothing if we do not win your case.
Any termination related to a worker's pregnancy amounts to an unfair dismissal. The unfair dismissal classification means that the requirement of being employed for one year is not applicable. An employer refusing to allow an employee to return to work after her maternity leave has ended also qualifies as an unfair dismissal. The responsibility of proving that dismissal was for a reason other than pregnancy falls to the employer. There is no statutory limit on the amount of damages the Employment Tribunal can award in cases of discrimination through pregnancy.
An employee can be made redundant if the business closes or if there is no longer a need for workers with that employee's particular skill set. It is possible for an employee to be selected for redundancy while on maternity leave without there being pregnancy discrimination. If the redundancy is genuine, then the dismissal is fair. In that instance, the employee will be entitled to a redundancy payment.
However, before dismissing the employee, the employer must first offer her any suitable alternative employment that exists. The employee does not have to apply or interview for the position. Failure to offer an available alternative job amounts to unfair dismissal. Note that refusing the offer of a suitable vacancy can cause you to lose your right to seek a redundancy payment.
Sometimes a claim of redundancy is false and is actually an excuse for unfairly dismissing an employee because of her pregnancy. Fake redundancy is a form of unfair dismissal. It entitles the employee to make an application to the Employment Tribunal, and the compensation awarded for unfair dismissal can be much higher than a redundancy payment.
There are two reasons why an employer may be entitled to suspend the employment of a pregnant worker or a worker who has recently given birth. First, the employee can be suspended if she is a night worker. Second, she can be suspended for reasons related to health and safety.
The suspended employee has the right to full pay during the suspension. Also, the employer must offer the employee available alternative work within the organisation. Unreasonably refusing an offer of suitable alternative work can cause the employee to lose her right to pay during the suspension.
Employees are entitled to 12 months of maternity leave. There is no length of service requirement and there is no minimum number of hours you must work per week in order to qualify for this right. You cannot be dismissed for taking the leave you are entitled to. If the employer were to dismiss an employee for this reason, the dismissal would automatically be deemed unfair. She would then be able to make a claim for unfair dismissal before the Employment Tribunal.