If you have been treated less favourably because you are pregnant, call one of our solicitors for advice.
Pregnancy and maternity is protected by the Equality Act 2010. The key points to note about pregnancy and maternity discrimination in employment are:
Pregnancy and maternity discrimination in the workplace is prohibited in specific circumstances. An employer is not allowed to:
- discriminate by treating a job applicant or employee unfavourably because of her pregnancy or because of an illness she has suffered as a result of her pregnancy during the protected period;
- discriminate by treating an employee unfavourably because she is on compulsory maternity leave or because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave (section 18(3) and (4)).
An employer is prohibited from victimising a job applicant or employee because they have made or intend to make a pregnancy and maternity discrimination complaint, or because they have done or intend to do other things in connection with the EqA 2010 (see Victimisation).
If one employee discriminates against another, the employer will be liable unless it has taken reasonable steps to prevent such conduct from taking place. The offending employee may also be liable.
If a job applicant or employee succeeds in a claim for pregnancy and maternity discrimination, a tribunal will generally award compensation (including a sum for injury to feelings). The tribunal may also (or instead) make a declaration as to the parties' rights and/or make an appropriate recommendation.
