Pregnancy and Maternity Discrimination Solicitors
If you have been treated unfairly by an employer because of your pregnancy or maternity, our specialist pregnancy and maternity discrimination solicitors can help.
Pregnancy & Maternity Discrimination Solicitors
Under the Equality Act 2010 (“the Act”), it is unlawful for an employer to discriminate against a woman because she is pregnant, has recently given birth, suffers a pregnancy-related illness, or she has exercised or is seeking to exercise the right to maternity leave.
Both pregnancy and maternity are ‘protected characteristics’ under the Act which means you have right and are legally protected against discrimination at work.
If you have been discriminated against or have been victimised or harassed because you are pregnant or on maternity leave, our expert employment law solicitors could help.
Call us on 0800 612 9509 for pregnancy and maternity discrimination advice and representation. Alternatively, fill in our enquiry form and we will get back to you.
Pregnancy and Maternity Discrimination at work
Whether you are an employee, a worker, or a contractor, you are legally protected under the Act. Moreover, you have rights whatever your length of service and whatever hours you work.
Discrimination at work because of pregnancy and maternity takes place where your employer treats you unfavourably:
- during the protected period (from the start of your pregnancy until the end) because of your pregnancy or due to a pregnancy related illness,
- because you are on compulsory maternity leave,
- and / or because you are exercising or seeking to exercise, or have exercised or sought to exercise, the right to ordinary or additional maternity leave.
Your employer will be committing a criminal offence if they allow you to work during compulsory maternity leave.
When this happens, there is no requirement for a comparator, namely a male or female who was not pregnant.
Get in touch
Fill in our quick form and one of our employment law experts will contact you to discuss how we can help you
Maternity Protected Period
The “Protected Period” starts when your pregnancy starts and ends at the end of the additional maternity leave period, or (if earlier) when you return to work after your pregnancy.
Generally, a person discriminates against a woman if in the “protected period” in relation to a pregnancy of hers, she is treated unfavourably because of:
- the pregnancy; or
- an illness suffered as a result of her pregnancy; or
- the fact she is on compulsory maternity leave; or
- the fact she is exercising or seeking to exercise her right to or has exercised or sought to exercise her right to ordinary or additional maternity leave
As it is a requirement to show unfavourable treatment and not less favourable treatment, you do need to compare yourself to any comparator.
If you don’t have the right to ordinary or additional maternity leave (perhaps because you are not an employee), the period ends at the end of the period of 2 weeks beginning with the end of the pregnancy.
Treatment is deemed to have occurred in the Protected Period if it was a decision taken during the Protected Period but not implemented until outside it.
Note: If s18 applies as set out above, then generally S13 Equality Act 2010 [Direct Sex Discrimination] cannot apply as well.
So, S13 would apply if S18 did not, for example, because the women were treated unfavourably because of pregnancy or pregnancy-related illness outside the protected period.
What is direct pregnancy / maternity discrimination?
Direct pregnancy or direct maternity discrimination occurs where as a result of your pregnancy and maternity, your employer treats you less favourably than an employee who is neither pregnant nor on maternity leave.
- An example of direct pregnancy discrimination would be if an employer decided to not offer a prospective employee a job because she announced she is pregnant during her job interview.
What is indirect pregnancy / maternity discrimination?
Indirect discrimination occurs when a workplace practice works against individuals who are pregnant, breastfeeding or who are on maternity leave.
- For example, asking all employees to work set hours.
Pregnancy and maternity are excluded under the Act for the purposes of indirect discrimination. However, if you believe you have been indirectly discriminated against, you may seek to rely on indirect sex discrimination.
Pregnancy and maternity harassment
Similarly to indirect pregnancy and maternity discrimination, harassment is excluded. However, you may seek to rely on harassment relating to sex.
Pregnancy and maternity victimisation
If you are treated less favourably than another individual in your workplace whose circumstances are the same because you:
- brought claim under the Equality Act
- provided evidence or information in connection with a claim under the Act
- did any other thing for the purposes of or in connection with the Act
- alleged that your employer or another person has committed an act that contravenes the Act,
you may have been victimised and therefore may be able to make a claim.
Pregnancy and Maternity Discrimination Compensation
Any damages are uncapped and represent any monetary losses you have suffered in terms of wages, pension rights. perks, etc.
A Tribunal may also award compensation for Injury to Feelings. This falls into 1 of 3 Vento bands, namely:
- Lower band: £660 t0 £600
- Middle band: £6600 to £19,800
- Top Band: £19,800 to £33,000
Pregnancy / Maternity Discrimination Claim Time Limits
Any pregnancy or maternity discrimination claim must be lodged at a Tribunal within 3 months less one day from the act of discrimination complained of or the end of a continuing act of discrimination (if a discriminatory act extends over a period of time such that it is deemed a continuing act).
Note: You are obliged to go through ACAS Early Conciliation before you are able to lodge an Employment Tribunal claim. See ACAS Early Conciliation
Note: The potential impact of ACAS Early Conciliation on your time limit for issuing an Employment Tribunal claim.
Talk to our Pregnancy and Maternity Discrimination Solicitors
If you are an employee, worker or a contractor, or a job applicant who believes has been discriminated against, harassed or victimised, then you can bring an employment tribunal claim.
Our No Win No Fee Solicitors specialise in Employment Tribunal cases and can offer fast, reliable guidance on what to do.
Contact our experienced pregnancy and maternity discrimination solicitors now on 0800 612 9509, complete one of our contact forms or email dean@morrislegal.co.uk
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.
Get In Touch
Fill in our quick form and one of our employment law experts will contact you to discuss how we can help you
Latest Tweets
Barrister's race discrimination appeal dismissed lawgazette.co.uk/news/barrist… #ukemplaw
