Claiming for Pregnancy Discrimination at Work - Prolegal

Claiming for Pregnancy Discrimination at Work

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Your rights not to be discriminated against on the grounds of pregnancy and maternity are protected under the Equality Act 2010. It is one of nine protected characteristics covered by the Act, and prohibits unfavourable treatment against a female job applicant or employee who is pregnant or on maternity leave.

In order for the tribunal to consider your employer’s actions unfavourable the employer must know, believe or suspect that you are pregnant. The period of time you are protected includes the duration of the pregnancy up until two weeks after the end of the pregnancy; this is extended if you are entitled to ordinary and additional maternity leave.

Direct discrimination applies if in the “protected period” (from the beginning of the pregnancy to the end of maternity leave), the employer treats a woman unfavourably:

  • Because of her pregnancy/maternity; or
  • Because of an illness suffered by her as a result

There are other protections for a pregnant woman in a working environment:

  • Paid time off for ante natal care
  • Health and safety protection – carrying out a risk assessment and implementing it

When you return from maternity leave you have the right to return to the same job, or a similar position if this is not available.

Unfortunately, discrimination because of pregnancy or maternity is still very common. It takes many forms such as exclusion from training or failing to give pay rises or bonuses or even dismissal. Unlike most claims for unfair dismissal, protection from pregnancy/maternity discrimination starts from Day 1 of your employment.

At Prolegal we can help you bring a grievance to complain about pregnancy/maternity discrimination, help with sham disciplinary proceedings brought to hide dismissal on grounds or pregnancy and help you bring an Employment Tribunal claim for pregnancy/maternity discrimination.

Don’t delay before seeking our advice: claims have to be brought within 3 months of the discrimination. If you feel you have been the victim of pregnancy/maternity discrimination then please do not hesitate in seeking confidential advice from our experienced team of solicitors today.

Common Questions about Pregnancy Discrimination

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Prolegal Solicitors Limited is a limited company registered in England and Wales, registered number 10328104. Prolegal Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority No. 632656. A list of directors, together with a list of those persons who are designated as partners is available for inspection at our registered office, 5th Floor, 6 Agar Street, London, WC2N 4HN. We use the word “Partner” to refer to a director of the company, or an employee or consultant who is a Solicitor with equivalent standing and qualification. Prolegal Solicitors Limited is in the same group structure as Gordon Dadds LLP.

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