Pregnancy Discrimination
Have you been discriminated against due to your pregnancy?
What is Pregnancy Discrimination?
The Equality Act 2010 (“the Act”) provides legislation that it is unlawful for an employer to discriminate against a woman because she:
- is pregnant,
- has recently given birth,
- suffers a pregnancy-related illness,
- she has exercised or is seeking to exercise the right to maternity leave.
The Protected Period
You are protected against pregnancy discrimination for a specific period of time which starts when you become pregnant. This is called the protected period. The protected period ends when your maternity leave finishes or when you return to work, whichever happens, soonest.
The protected period ends 2 weeks after your child is born if you are not entitled to maternity leave because, for example, you are not an employee.
You have automatic protection against pregnancy discrimination as there is no qualifying period that you need to work in order to bring a claim. It even applies at the interview stage.
Pregnancy discrimination claims are unlike discrimination claims as there is no need to show that you have been treated less favourably than a male employee or a female employee who was not pregnant.
However, you will need to answer the question of if you had not been pregnant or on maternity leave, would you have received the same unfavourable treatment?
If the answer to this question is no, then you are likely to have been discriminated against.
Examples of Pregnancy Discrimination
Examples of pregnancy discrimination include:
- not being offered the same opportunities of training or promotion as your colleagues,
- being treated unfavourably because you have a pregnancy-related sickness,
- being dismissed when you are about to return from or have just returned from maternity leave,
- also, being made redundant because you are pregnant or for reason related to your maternity leave,
- your employer retaining the person who covered you during your maternity leave, therefore affecting your ability to return to work in your old role.
Frequently Asked Questions
Do I have the right to return to my old role at the end of my maternity leave?
Yes, you have the right to return to your original role with the same terms and conditions you had before your maternity leave.
Do I have any extra rights compared to other employees in a redundancy situation?
If a redundancy situation arises during your maternity leave, this is one of the few areas of employment law where an employer is allowed to positively discriminate.
Over and above the rights your colleagues (not on maternity leave) are entitled to, you have the right to be offered any suitable vacancy, if one is available, without an interview.
This means you could effectively “jump the queue” in terms of recruitment.
However, the reality is that employers are not always as proactive as they should be when sourcing new positions so this needs to be carefully monitored.
You may be entitled to redundancy pay if your employer is unable to offer you suitable alternative work.
Is there a time limit on bringing a pregnancy discrimination claim?
You must bring your claim for pregnancy discrimination to the Employment Tribunal no later than 3 months less one day of the act of discrimination relied upon.
In the case of a continuing act of discrimination, the 3 month period runs from the end of the continuing act.
Tribunals do have the discretion to allow late claims to proceed, but there must be a good reason as to why the claim was not made in the specified time period.
It is also now mandatory to go through ACAS’s early conciliation scheme before submitting a claim to the employment tribunal. We would suggest taking legal advice before doing so as ACAS will not protect your interests in the same way as an employment law solicitor.
Speak to our specialist No Win No Fee employment law solicitors today. Call us on 0800 612 9509 or fill in one of our contact forms.
Compensation
Unlike in cases of unfair dismissal, there is no upper limit set on the amount of compensation an employment tribunal can award for pregnancy discrimination.
Compensation can also include an element to cover injury to feelings. Occasionally, if the employee suffered an actual psychological injury, it can include damages for personal injury. An award to take into account any loss suffered such as loss of wages or pension is normally included also.
The Court of Appeal has set out 3 bands of compensation guidelines which are commonly known as the “Vento” guidelines for injury to feelings. These are dependant on the seriousness of the case.
| Band | Lower Value | Upper Upper Value |
|---|---|---|
| Lower Band – Less Serious Cases | £660 | £6,600 |
| Middle Band | £6,600 | £19,800 |
| Top Band – Most Serious Cases | £19,800 | £33,000 (can exceed this in exceptional cases) |
The Next Step
If you are looking for a No Win Fee Employment Law Solicitor to represent you, we need to assess the merits of your potential claim which we are normally happy to do free of charge.
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