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.
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 an initial consultation if you require further advice. |
