Home > Articles > What To Do if You’re a Victim of Maternity Discrimination

What To Do if You’re Victim of Maternity Discrimination

Finding out that you’re pregnant can often be a happy time for you and your family.

What you don’t want or need is your place of work treating you unfairly because you’re having a baby.

What’s more, it is actually illegal for employers to do so.

You don’t have to live with it, as there are several things you can do if you think you’re a victim of maternity discrimination.

maternity discrimination

What is Maternity Discrimination?

If you suffer a disadvantage at work because your employer treats you unfairly following you falling pregnant, you are experiencing maternity discrimination.

Examples of this type of discrimination include cut hours, a refused promotion or even dismissal.

Employers should acknowledge a woman’s pregnancy, but they should not treat her unfavourably as a result of pregnancy.

The Equality Act 2010

The Equality Act 2010 outlines the law surrounding maternity discrimination.

Any of the below is classed as maternity discrimination:

  • A pregnant woman is treated unfavourably because of her pregnancy, or illness she suffers as a result of the pregnancy
  • She is treated unfavourably for being on compulsory maternity leave
  • She is treated unfavourably for exercising the right to ordinary or additional maternity leave

A ‘protected period’ exists around pregnancy, in which maternity discrimination can occur.

This period begins when the pregnancy does, and ends either:

  • At the end of the woman’s maternity leave, or if earlier, when she returns to work after the pregnancy, or
  • If the woman has no right to maternity leave, at the end of a two week period which follows the end date of her pregnancy

Maternity Rights

As well as the right to maternity leave, most pregnant employees have other maternity rights.

These include the right to:

  • Take time off work for antenatal care and appointments which you should receive normal pay for
  • Statutory maternity pay or maternity allowance
  • Pregnancy-specific health and safety protection
  • Have contractual pay and conditions maintained during maternity leave
  • Return to your job after ordinary maternity leave, or a similar job after additional maternity leave

Examples of Unfavourable Treatment

Pregnancy and maternity discrimination include experiencing any of the following:

  • Being suspended from work for health and safety reasons and not receiving full pay
  • Being dismissed and the reason being cited as them being unable to afford to pay you statutory maternity pay
  • Not being able to attend a disciplinary meeting because of a pregnancy-related illness, and your employer refusing to re-arrange
  • Employer failing to carry out a health and safety risk assessment, leaving you no choice but to resign
  • Being disciplined for performance issues caused by a pregnancy-related illness
  • Employer demoting or dismissing you, or stopping you from having training or promotion opportunities
  • Being refused time off for antenatal reasons, or refused normal pay when you attend antenatal appointments
  • Being made redundant during your maternity leave with no genuine reason
  • Getting rejected for a job when the employer learns that you’re pregnant

Breastfeeding

It is not a legal right to be allowed time off work for breastfeeding.

However, your employer should do their best to accommodate you if you want to express milk at work.

Claiming for Maternity Discrimination

We always recommend trying to solve any disagreements directly with your employer first.

They may not realise what they are doing isn’t legal, and an informal chat may solve the problem.

If it doesn’t, make sure you follow the correct grievance procedure outlined in your company policy.

If you’ve followed the right protocol and the issue is still not resolved, we can help you.

You can claim for maternity discrimination, which will likely put any financial worries you may have to rest.

We understand that when preparing for a baby the last thing you want is stress from work, which is why we’re here to help if things go wrong.

Get in touch today using our contact form, or call on 0844 414 0667.

Contact our Solicitors

Get in touch with our team for expert legal advice and guidence.

Call Us

Call Us

Call us Today on 0844 414 0667
Email Us

Email Us

Send us an email to get in touch.
Follow Us

Follow Us

We’re on Facebook, Twitter and LinkedIn.

Our Promise to You

  • Approachable and friendly solicitors

    We are committed to delivering a truly personal service that puts you and your wishes first. Our team will always be on hand to support you, regardless of the time or location.

  • Award-winning service across our fields of expertise

    Our high standards of service are applied consistently across all of our departments. Regardless of your enquiry, you can expect to receive the best legal advice delivered in a sympathetic manner.

  • Advice tailored to your needs

    We take the time to listen to your needs and offer guidance that is best suited to your current situation.

    There is no ‘one-size-fits-all’ solution when it comes to any area of law; every case requires a tailored approach and you deserve a solicitor who understands this.

  • Outstanding customer service and care

    Our reputation is largely built on the exceptional level of client care we continue to deliver.

    Every case is handled with the utmost level of respect and many of our clients have recommended us after building an invaluable relationship with our solicitors.

  • Transparent on fees and processes

    Transparency is very important to us as we want you to feel confident in our services.

    We adhere to providing full transparency on fees, ensuring that you know exactly what you are paying for and keep you updated on the progress of your case along every step of the way.