Pregnancy discrimination My boss said something terrible

Pregnancy discrimination: My boss said something terrible

Employers say the most incredible things sometimes. Here’s just one example. Pregnancy Discrimination: My Boss Said Something Terrible

Poppy Duggan worked at Kelly Traffic Management between August 2016 and August 2018. She rejoined the business in January 2019, when she was promoted to Team Leader.

The company is run by a married couple – Daniel and Sarah Abbott.

Two days after coming back, she told her bosses she was pregnant with her third child. Rather than being supportive, Daniel told her she should get a television for the bedroom so she would “have less sex and be less likely to get pregnant”.

Two months later, when Poppy said she intended to return to work after giving birth, Sarah asked how she’d manage to do that with three children.

It was common for Daniel to shout and use abusive language to female employees, including his wife. After an internal investigation by the company, he was issued with a six-month verbal warning for harassment.

Poppy had a panic attack, and her midwife advised her to take two days off work to rest.

On her return, her bosses called her to a meeting during which Daniel berated her for errors in a report, screaming at her and using foul language. When Poppy got up to leave, he told her to: “Go home, I don’t want you here”.

Over the next few months, aspects of her role were given to other employees.

She raised a written complaint because of the inappropriate comments she’d suffered despite the fact that her workplace risk assessment said stress should be minimised during pregnancy.

Poppy resigned in April 2023, when her maternity leave was due to end.

She subsequently took a claim of pregnancy and maternity discrimination to the employment tribunal, and the case has been heard recently.

As you may have seen in the media, the employment judge ruled Poppy had been the victim of a campaign of discrimination, and awarded her £16,200 for injury to feelings. Her claim of constructive dismissal was rejected.

What this means to you

In Poppy’s case, the employment judge said pregnancy should be a “period of joy” and that discrimination claims can attract higher awards.

We are employment lawyers who act on behalf of employees who’ve been mistreated at work. We’ve won many cases on our clients’ behalf, and they were awarded compensation. Here are just three examples:

Read about Laura M, who was told she couldn’t carry out her role while pregnant.
Effective discrimination case study

And Caroline R, who suffered 10 days of hostility from her new employers after she announced her pregnancy.
Constructive dismissal case study

And Lorraine J, who was wrongfully dismissed due to being pregnant.
Wrongful dismissal case study

If you’d like legal advice, please call us on 0808 168 7288 – the initial conversation is free and with no obligation, and we’ll talk through your options to help you decide what to do.

What the law says

Under the Equality Act 2010, employees and workers are protected against discrimination due to pregnancy or maternity (also paternity, adoption, and shared parental leave). Even some self-employed people get covered by this Act.

Unlike some other situations where the protection only starts after a year (Northern Ireland) or two (England, Scotland and Wales), pregnancy and maternity protection applies even if you’re new to the business.

Specifically, it starts from the day you tell your employer you’re pregnant, until the day your maternity leave ends and you return to work or leave the company.

You mustn’t be disadvantaged at work due to being pregnant, or being ill due to pregnancy, or being on maternity leave.

This means, you mustn’t:

Be dismissed
Be refused a job you were otherwise going to get
Get your pay reduced
Have your terms and conditions of employment changed in a negative way
Be forced to work while you’re on maternity leave
Be made redundant while pregnant, or on maternity leave (and perhaps for a few months afterwards, if the law changes as planned)
Not be allowed to return to work just because you’re breastfeeding

The protection you get is quite broad. For example, if you ask for flexible working when you return to work after maternity leave, and your employer denies your request yet grants flexible hours to a male employee, you might have a claim for indirect sex discrimination.

In short, you shouldn’t suffer any detriment due to pregnancy or motherhood.

How we help

Being pregnant or with a new baby can be stressful enough without workplace worries as well.

We have the experience to make it easier for you. We’ll negotiate with your employer on your behalf, and escalate any pregnancy or maternity discrimination claims to the employment tribunal if necessary.

What you need to be aware of is that employment tribunal claims must be made within three months less one day of the latest incident or repeated behaviour you’re claiming about. This means you need to act quickly. So don’t delay!

Some context

At a time when women’s rights are high on the agenda, some would argue that discrimination against women is reducing – and rightly so. However, discrimination against mums remains rife. Here’s the evidence:

1/9 mothers were dismissed, made compulsorily redundant, or treated so poorly they felt they had to leave their job
1/5 mothers said they’d experienced harassment or negative comments related to pregnancy or flexible working from their employer and colleagues

Source: Report by the Equality and Human Rights Commission (EHRC)

Pregnancy Discrimination: My Boss Said Something Terrible