If you have suffered an unfair dismissal or any other kind of discrimination because of being pregnant, you may be entitled to compensation. Please contact one of our solicitors for a free initial consultation.
Many employees continue to experience discrimination in the workplace because they are pregnant. Every year, 30,000 women are subjected to an unfair dismissal or are forced to leave their employment because of pregnancy. A further 200,000 face other kinds of discrimination.
Our solicitors will be pleased to offer legal advice in this sensitive area. Please click here for details of employment rights for pregnant workers.
Here are some of the ways that pregnant employees experience less favourable treatment.
Pregnancy related Unfair Dismissal
Dismissal for pregnancy or for reasons connected to pregnancy may be unfair in two separate situations.
The first is where a woman is dismissed for being pregnant or for pregnancy related reasons, either during her pregnancy or during her maternity leave. Such a dismissal would automatically be an unfair dismissal. This includes dismissal for pregnancy related sickness.
The second is where an employer refuses to allow an employee on maternity leave to return to work. This would be a breach of the employee's right to return to work and would amount to an unfair dismissal.
An employer will rarely admit that an employee has been dismissed for being pregnant. However, if an employee is dismissed whilst pregnant, it will be for the employer to prove that the dismissal was for a fair reason and not because of the pregnancy.
Failure to carry out a risk assessment
The Management of Health and Safety at Work Regulations 1999 require an employer to carry out a risk assessment in the workplace, including assessing the particular risks for pregnant women. This risk assessment is carried out in two stages.
The first stage is an assessment of the general risks to pregnant women in the work place.
The second stage, to be carried out in the event of an employee becoming pregnant, is an assessment of the specific risks to that particular pregnant employee.
An employer's failure to carry out an adequate risk assessment in respect of a pregnant employee is a form of sex discrimination.
Other types of pregnancy discrimination
The law protects a woman from discrimination in the workplace, either on the grounds of her pregnancy or because she wants to exercise her right to maternity leave. Pregnancy discrimination can include any of the following :-
- Pressure to resign
- Insensitive remarks
- Unfair selection for redundancy
- Refusal of training or promotion opportunities
- Failure to carry out an adequate risk assessment (see above)
In some circumstances, the discrimination would entitle the pregnant employee to resign and claim 'Constructive Dismissal'. This is where an employee resigns in circumstances where she feels unable to continue work due to the employer's conduct. It is treated as a dismissal and compensation can be claimed.
Click on this link for more information about Constructive Dismissal.
Very often, an employment dispute can be settled by way of a compromise agreement.
Please contact a solicitor at Advantage Employment Law for a free initial consultation if you require further advice. |
