If you’ve been dismissed, treated unfairly, or disadvantaged at work because of pregnancy or maternity, you may have a claim for discrimination or unfair dismissal. Understanding your rights is crucial to protecting yourself in the workplace.
What is Pregnancy and Maternity Discrimination?
Pregnancy and maternity discrimination occurs when an employer treats an employee unfairly due to pregnancy, maternity leave, or the assertion of related rights. This can happen at various stages, including:
- When you inform your employer about your pregnancy
- During a job interview while pregnant
- Throughout your maternity leave
If you face unfair treatment after your maternity leave ends, it may still be unlawful under sex discrimination laws.
Examples of Pregnancy and Maternity Discrimination
Discrimination at Job Interviews
- You are not obligated to disclose your pregnancy during an interview.
- Employers cannot ask about your pregnancy or family plans.
- Your pregnancy should not impact the hiring decision.
Promotion Opportunities
- Pregnancy or maternity leave should not affect your chances of promotion.
- Employers should inform you about promotions and provide fair opportunities.
Pay During Pregnancy and Maternity Leave
- Your salary may change only when you begin maternity leave.
- You may receive statutory maternity pay or contractual maternity pay.
- Benefits and annual leave should continue to accrue during maternity leave.
Training and Development
- You should be kept informed about training opportunities.
- Employers should work with you to schedule training at suitable times.
Redundancy During Pregnancy or Maternity Leave
- It is illegal to make you redundant due to pregnancy or maternity leave.
- If redundancy is necessary, employers must consider you for suitable alternative roles.
- You have enhanced protection from redundancy while on maternity leave.
Pregnancy-Related Illness
- Employers should support you if you need time off due to pregnancy-related illness.
- Pregnancy-related absences should not result in disciplinary action.
Ante-Natal Appointments
- You are entitled to paid time off for ante-natal appointments.
- Employers cannot require you to use annual leave for these appointments.
Performance Management During Pregnancy
- Employers must be understanding of any pregnancy-related impact on your performance.
- Supportive adjustments should be made where necessary.
Dismissal During Pregnancy or Maternity Leave
- Dismissal based on pregnancy or maternity is unlawful.
- Seek legal advice if you face unfair dismissal.
Returning to Work After Maternity Leave
- You are entitled to return to your original role or a suitable alternative.
- Employers cannot pressure you into accepting unsuitable changes.
- You have the right to request flexible working after 26 weeks of employment.
Victimisation and Your Rights
If you assert your rights and face retaliation, such as exclusion from opportunities or receiving a poor reference, this is known as victimisation. Legal support is essential in these situations.
Understanding the Protected Period
The “protected period” covers from the start of your pregnancy until the end of your maternity leave or your return to work, whichever is earlier. Unfair treatment during this period is unlawful. Afterward, you may still have a claim if the treatment stems from actions taken during the protected period.
How to Make a Pregnancy Discrimination Claim
- Seek specialist legal advice to understand your rights.
- Claims typically go through an employment tribunal.
- The deadline for making a claim is three months minus one day from the discriminatory act.
- You must contact the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation before filing a claim.
Contact Our Employment Law Solicitors
If you believe you have experienced pregnancy or maternity discrimination, our experienced employment law solicitors are here to help. We offer clear, expert guidance to support your claim.
Call us at 01245 293197 for a no-obligation consultation or complete our online enquiry form. Let us help you protect your rights and navigate your legal options confidently.
