Pregnancy / Maternity Discrimination Solicitors

Pregnancy / Maternity Discrimination

Pregnancy and maternity Discrimination Have you been treated unfairly at work because you’re pregnant, have a pregnancy-related illness, gave birth recently, are breastfeeding, or you’re on maternity leave? You may be entitled to claim for Pregnancy Discrimination.

For example:

Someone at work made nasty or hurtful comments about your pregnancy or ability to do your job
You missed out on training or promotion opportunities during or after pregnancy
You received unfavourable treatment due to pregnancy-related or post-natal illness
You were dismissed during or after maternity leave, in favour of the person covering your role
You were made redundant because of pregnancy, or issues surrounding maternity leave

If yes, you may have experienced pregnancy discrimination or sex discrimination – this means you could be entitled to make a claim and win compensation.

“I would recommend Paul’s legal services. I entrusted him with something that was very important to me and he did not let me down.” Deborah McM

What’s the law regarding pregnancy discrimination?

Pregnancy and maternity are ‘protected characteristics’ under the Equality Act 2010 (or the Sex Discrimination (NI) Order 1976 in Northern Ireland).

You’re covered if you are an employee, a worker or a contractor (but not if you are self-employed). It doesn’t matter how long you’ve worked for your employer or how many hours you work. The law also covers job applicants – for example, you should not be refused a job just because you told the interviewer you were pregnant.

Protection covers the pregnancy itself and any pregnancy-related illness.

It starts from the beginning of your pregnancy until the end of ordinary maternity leave:

Compulsory maternity leave = 2 weeks, or 4 weeks if you work in a factory
(Your employer is breaking the law if they ask you to work during this time)
Ordinary maternity leave = 26 weeks
(You’re covered until this period ends)
Additional maternity leave = 52 weeks
(If you are still breastfeeding and experience discrimination after the first 26 weeks of maternity, leave, it would count as sex discrimination and not pregnancy discrimination)

However, a survey of over 3,000 mothers published in 2016 by the Department for Business Innovation and Skills and the Equality and Human Rights Commission, found the following results:

77% of mothers said they had a negative experience during pregnancy, maternity leave and on their return from maternity leave
50% described a negative impact on their opportunities, status and job security
20% said they’d experienced harassment or negative comments related to pregnancy or flexible working from their employer and/or colleagues
11% reported they were dismissed or made compulsorily redundant when their colleagues were not, or were treated so poorly they felt they had to leave their job
5% said they had a negative experience related to breastfeeding

“The communication was good and I appreciated the No Win No Fee service.“ Susan H

What should your employer do?

If you’re pregnant or on maternity leave, your employer should treat you the same as anyone else.

This means they must not demote you or dismiss you because you’re pregnant or on maternity leave, they must not deny you training or promotion opportunities, and they must not take any pregnancy-related absence into account when making decisions about your employment.

They should ensure their HR policies prevent pregnancy discrimination in:

Discipline and grievance procedures
Determining pay
Making selections for redundancy
Training and development
Recruitment

In addition, your employer should carry out a specific risk assessment to avoid any risk to the health and safety of expectant or new mothers. This means they might alter your working conditions or hours, or provide you with suitable alternative work. If they can’t provide you with suitable alternative work, you could be suspended on full pay.

“Thank you for all your help, patience and understanding. It is not an easy thing to go through, but your help and kind attitude definitely made it easier.”
Alison W

It’s illegal for your employer to ask you to stop breastfeeding, deny you a promotion just because you’re pregnant, or refuse you flexible working when you ask (unless the refusal is justifiable for business reasons).

Also, they should not permit a working environment that is distressing, humiliating or offensive. If they do, you could make a claim for harassment.

It is possible for you to be dismissed or made redundant from your job while pregnant or on maternity leave, but it must not be for pregnancy or maternity reasons.

What can you do if you suffer pregnancy discrimination?

If you’ve suffered pregnancy or maternity discrimination, there are several things you can do.

To start with, you might try to deal with the matter internally by attempting to negotiate an informal resolution or submitting a grievance.

If matters have gone beyond that stage, you could start a claim for discrimination or unfair dismissal. There is no limit to the amount of compensation the Tribunal can award – it can cover your financial loss and include an amount to cover injury to your feelings.

In some circumstances, you may feel the treatment is so bad that you have no option but to resign. After that, you may be able to make a claim for constructive dismissal (although those cases can be harder to win).

“I feel Paul really cares about his clients and works to get the best outcome and justice for them.”
Elaine S

Many employers prefer to settle out of court. If so, we can help you negotiate a settlement agreement with them (known as a compromise agreement in Northern Ireland). Either way, you’ll need independent legal advice – that’s where our expert employment lawyers can help.

How we help if you suffer pregnancy discrimination

At our initial consultation (which is free of charge), we’ll tell you all the options and provide you with clear and practical guidance. Depending on the circumstances, we’ll help you decide whether to take the informal route or if it’s time to move matters to the next level by lodging a formal grievance or making a claim.

If you decide to go down the formal route, we can send a fixed-fee letter to your employer on your behalf, or help you to draft a letter of your own.

If you choose to submit a claim, we will manage your case all the way to the hearing. We have over 25 years’ experience in employment law and discrimination cases and have helped many other people in similar circumstances to you.

You have a choice of options when it comes to funding a case (see here). You can even take out an insurance policy to protect you against the risk of having to pay tribunal fees if you lose your case.

“Well-informed staff put my mind at ease over queries I had on how to handle the situation, so I did not to create scenarios in my mind and unnecessary worry about next steps. I was kept informed and up to date with everything.”
Julia C

Note that there’s a strict time limit for claims which is three months less one day, so it’s important to contact us as soon as possible.

Make an enquiry now

To make a free enquiry about pregnancy or maternity discrimination, please call us on 0808 168 7288, or complete an Online Enquiry.

We’ll also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.