Maternity and Pregnancy Discrimination Solicitors

Maternity Discrimination FAQs

What is the protected period?

The protected period starts when a woman becomes pregnant and its duration depends on whether she has the right to ordinary or additional maternity leave. The protected period will be different for different employees. Where a woman is not entitled to ordinary or additional maternity leave, because for example, she is not an employee, the protected period will end two weeks after the end of the pregnancy.

Who is protected from maternity and pregnancy discrimination?

The Equality Act 2010 covers all “employment” and applies to apprentices, workers, employees and applicants for work. Ex-employees/workers are also protected from discrimination by a former employer.

Who is liable for maternity and pregnancy discrimination in the workplace?

The organisation concerned is generally liable for acts of discrimination; however, individuals may also be personally liable.

What will I receive if my discrimination claim is successful?

Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses, injury to feelings, personal injury damages and, in extreme cases, aggravated damages. Injury to feelings compensation is awarded according to the severity of the discrimination and the extent of hurt feelings and is separated into lower, middle and higher bands.

The Tribunal can also recommend that the employer takes specified steps to remove or reduce the adverse effects of the discrimination on the Claimant (a “recommendation”).

If you think you have been discriminated against, you might be entitled to compensation but the appropriate value can be difficult to assess.

How do I prove my case?

Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a tribunal to conclude it is more likely than not that you were discriminated against by the employer.

There will need to be some factual basis upon which the tribunal can make its findings. It therefore helps if you can produce relevant letters or documents that evidence the discrimination or tend to show that it was likely to have occurred. It is also useful to make a note of the key incidents and the dates on which they took place and where discriminatory comments have been made, the precise words used.

Types of Discrimination

Direct Discrimination

This occurs when an employer, because of pregnancy or maternity, treats a worker less favourably than he treats, or would treat, a person who is not pregnant or on maternity leave. It is therefore necessary to identify a comparator.

This type of discrimination cannot be justified under any circumstances.

Indirect Discrimination

Indirect discrimination applies to all the protected characteristics, apart from pregnancy and maternity. However, indirect sex discrimination may apply in pregnancy and maternity situations.

Indirect sex discrimination will arise when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging people who are of a particular sex (e.g. women who are pregnant).

Employers can only defend indirect discrimination if they can show they can justify the provision, criterion or practice as a proportionate means of achieving a legitimate aim.

Harassment

Pregnancy and maternity are not relevant protected characteristics for the purposes of harassment. However, there is nothing to stop a pregnant employee or an employee on maternity leave from arguing that they have been harassed for reasons relating to their sex.

A person harasses another if they engage in unwanted conduct related to sex with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

Examples include comments made about sex or pregnancy, which offend you or make you feel humiliated.

Victimisation

Some workers may be deterred from exercising their rights under the Act or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer.

The Act, in summary, protects workers who make a complaint of discrimination from being treated badly (subjected to a detriment) because they have complained.

Bringing a discrimination claim against your employer

If you feel you have been discriminated against, you can bring a claim to an employment tribunal. Claims must be brought within three months (less one day) of the act complained about subject to any extension of time granted by correct use of ACAS Early Conciliation.

Where discrimination has occurred over a period of time, the claim can be brought within three months (less one day) of the date of the last act in a series of interconnected, linked acts, subject to any extension of time granted by correct use of ACAS Early Conciliation.

If you wish to bring a claim against your employer, it is important to note that in most cases you must submit a written grievance to your employer complaining of the discrimination. A failure to do so could result in any compensation being reduced by up to 25%. However, the grievance process has no impact on the time limits unless further acts of discrimination occur.

Why Morrish Solicitors?

Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.

Want more information? Contact a member of our team today.

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