The other was similar to her previous Sarah newman model, but required her to take a significant number of exams within her first six months back at work: a non-negotiable requirement Symes felt was simply incompatible with adjusting to juggling motherhood and her career. Judge finds administrative assistant suffered pregnancy discrimination, as experts highlight rights of employees undergoing fertility Discrimination and pregnancy in the uk. Read the Acas guide on pregnancy and maternity discrimination for more information. January Accommodating breastfeeding employees in the workplace. UK - Employment Tribunal. However, it would be sex discrimination rather than pregnancy and maternity discrimination. Lisa Thurrock not her real name was working for a FTSE company at senior level when pregnancg got pregnant.
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Pregnancy and maternity: related tasks Manage pregnant employees and those on maternity leave in a redundancy situation Consider a request to return part time from maternity leave Manage terms and conditions during maternity leave. The Equality Act makes it unlawful to discriminate against someone, or treat them unfairly, because of pregnancy or maternity. This action has a hard time being refuted in court because employers can say there was another candidate that was more capable of the tasks Discrimination and pregnancy in the uk has nothing to do with pregnancy. Employers should ensure that an employee returning from maternity leave is offered the same opportunities as other staff members for career development, training and promotion. Recruitment and contracts. However, it is not suitable to use Discrimination and pregnancy in the uk for breastfeeding. The Pregnancy Discrimination Act of and Family and Medical Leave Act are rooted in several major court decisions leading up to them. England This advice applies to England: England home Advice can vary depending on where Yellow breasted worblers in miami live. Family Living together, marriage and civil partnership Ending a relationship Death and wills Gender violence Children and young people Looking after people Education. You must suffer a disadvantage as a result of the unfair treatment. Asking questions of discrimination. Law Journal Library. AskAcas on Twitter. Though women have some protection in the United States because of the Pregnancy Discrimination Act ofit has not completely curbed the incidence of pregnancy discrimination.
The Department for Business, Innovation and Skills BIS and the Equality and Human Rights Commission commissioned a programme of research to investigate the prevalence and nature of pregnancy discrimination and disadvantage in the workplace.
- Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant.
- What types of pregnancy and maternity discrimination claim commonly come before employment tribunals?
It is unlawful for your employer to treat you unfavourably because you are pregnant or on maternity leave. Pregnancy and maternity discrimination occurs if you are treated unfavourably:. The test for deciding whether you have been discriminated against because of your pregnancy or maternity will be whether you have been treated unfavourably because of:.
For you to show this type of discrimination there is no need for a comparator — i. If your employer does not know that you are pregnant you cannot be a victim of pregnancy discrimination.
However, if your employer believes or suspects that you are pregnant, even if that is through rumour, they could be treating you unfavourably because of your pregnancy or an illness suffered as a result of your pregnancy. We recommend that you consider telling your employer as early as possible about your pregnancy if you want to be protected from pregnancy and maternity discrimination. See our section on telling your employer you are pregnant. If you are refused a job because you are pregnant this would be pregnancy discrimination.
You should first try to resolve the problem informally. If this does not resolve the matter you could bring a claim in the employment tribunal for pregnancy and maternity discrimination.
See our section on starting a claim for further information. Any such treatment will be unlawful. The protected period begins at the start of your pregnancy and usually ends at the end of your maternity leave. It does not continue into any period of annual leave which you have used to delay your return date.
You should contact us for further advice if you think discrimination has occurred after the protected period. Agency workers have some of the same rights as other workers, such as the right not to be discriminated against because of pregnancy. You should not be treated less favourably, or refused work, because:.
Both the agency you work for and the company where you are working are under a duty not to discriminate against you. However, in order to be able to claim discrimination, you will have to tell your recruitment agency and the company you are working for about your pregnancy. No, but If you work for other companies as a contractor, you are still protected by sex discrimination law, and if you are not being offered work because you have taken time off to have a child, you may have a sex discrimination claim.
It is likely that only pregnant women can claim pregnancy or maternity discrimination. Pregnant employees and agency workers who have met certain service requirements have a statutory right to paid time off during working hours for the purposes of receiving antenatal care, regardless of hours worked or length of service. Your employer may request proof of appointment which you must provide, although they cannot ask for proof of your first appointment. Failure to allow time off for antenatal appointments may be pregnancy and maternity discrimination.
See our section on time off for antenatal appointments for more information. Employers are obliged to assess health and safety risks to which their employees might be exposed while at work.
If they employ women of child-bearing age and the type of work could involve a risk to the health and safety of a new or expectant mother or her baby, they must include a specific assessment of those risks in the overall assessment. If your employer cannot resolve the risk they must look for suitable alternative employment for you, at the same pay and conditions.
If there is no way you can work safely, you are entitled to be suspended on full pay. Failure to undertake a risk assessment or act on findings may constitute pregnancy and maternity discrimination. See our sections on health and safety rights for pregnant women and for new and breastfeeding mothers. Employers are required to provide suitable facilities for breastfeeding mothers to rest including facilities to lie down , although they are not required to provide facilities to breastfeed itself.
Also, unlike women on maternity leave, pregnant women who have not yet started maternity leave have no special protection in a redundancy situation.
However, the redundancy selection criteria must not take into account reasons connected to pregnancy including pregnancy-related illness or maternity leave. If you believe you have been selected for redundancy because you are pregnant or have a pregnancy-related illness, you may have a claim for pregnancy and maternity discrimination.
See our section on redundancy generally, for more information. However, women on maternity leave have priority for alternative employment in redundancy cases. As for redundancy during pregnancy, the redundancy selection criteria must not take into account reasons connected to pregnancy including pregnancy-related illness or maternity leave. See our section on redundancy while on or shortly after maternity leave for more information.
You are entitled to additional protections where your job becomes redundant during maternity leave and similar protections apply during shared parental leave. When your maternity leave ends, you will not benefit from these extra protections. However, the redundancy may amount to direct or indirect sex discrimination depending on the circumstances.
For example, if the redundancy selection criteria penalise you for having been absent while you were on maternity leave, this is likely to amount to indirect sex discrimination. It can be legal to dismiss you during pregnancy — the normal rules of dismissal apply, but the dismissal must not in any way be related to your pregnancy or intention to take maternity leave. A dismissal because of pregnancy, pregnancy related sickness, birth or maternity leave is an automatic unfair dismissal, however long you have been in employment.
If you are dismissed while pregnant or on maternity leave you must be given written reasons for the dismissal. See our section on dismissal during pregnancy, maternity leave or soon after for more information. You are entitled to written reasons for the dismissal and to be paid for any outstanding holiday pay that has accrued during your maternity leave up to the end of your notice period.
If you are dismissed during maternity leave you are still entitled to receive Statutory Maternity Pay or Maternity Allowance for the full period, but if you get notice pay your employer may deduct maternity pay for the same period from the notice pay. Women on maternity leave are entitled but not obliged to go into work and be paid for up to 10 mutually agreed Keeping in Touch KIT days, without losing Statutory Maternity Pay or Maternity Allowance entitlement for those days.
See our section what work can you do during maternity leave for more information. At the end of your maternity leave, you have the right to return to your original job. If this is not possible, a job on the same terms and conditions should be offered to you, unless there is a redundancy situation. This advice applies in England, Wales and Scotland.
If you live in another part of the UK, the law may differ. Please call our helpline for more details. Have you heard about your right to request flexible working? Watch our film to find out more.
Feedback Please let us know if this article helped you. I found the advice in this article useful: Yes No Not sure. Yes No Not sure. Please complete the text box below. This field is for validation purposes and should be left unchanged. Related Maternity and Pregnancy Discrimination — a guide to your rights Your rights as an employee during maternity leave Dismissal during pregnancy, maternity leave, adoption leave, shared parental leave or soon after Do I have to leave my job before making a claim to an employment tribunal?
Retrieved 25 April Work out if employee qualifies for statutory maternity pay. Time off. Allophilia Anthropocentrism Anti-cultural sentiment Assimilation Bias Christian privilege Data discrimination Dehumanization Diversity Ethnic penalty Eugenics Internalized oppression Intersectionality Madonna—whore complex Male privilege Masculism Medical model of disability autism Multiculturalism Neurodiversity Oikophobia Oppression Police brutality Political correctness Polyculturalism Power distance Prejudice Racial bias in criminal news Racism by country Religious intolerance Second-generation gender bias Snobbery Social exclusion Social model of disability Social stigma Stereotype threat White privilege. Top links Housing benefit. The Equality Act makes it unlawful to discriminate against someone, or treat them unfairly, because of pregnancy or maternity.
Discrimination and pregnancy in the uk. WHAT’S HOT
What types of pregnancy and maternity discrimination claim commonly come before employment tribunals? Pregnant employees or new mothers are not exempt from being selected for redundancy in a genuine redundancy situation.
However, unscrupulous employers sometimes use a sham redundancy as an excuse to dismiss an employee who is pregnant or on maternity leave. This amounts to unfair dismissal and direct pregnancy and maternity discrimination. Key case: In Eversheds Legal Services Ltd v de Belin , the Employment Appeal Tribunal EAT held that a male employee was discriminated against when he was selected for redundancy after a woman on maternity leave was automatically given the highest possible score for one of the selection criteria.
Manage pregnant employees and those on maternity leave in a redundancy situation. Consider a request to return part time from maternity leave. Manage terms and conditions during maternity leave. The issue perhaps most likely to cause a dispute between an employer and an employee returning from maternity leave is her hours of work.
It is common for employers to receive requests to return from maternity leave on a part-time basis. There is no automatic right to switch to part-time working. However, an unjustified refusal to allow an employee to work part time after having a baby is likely to constitute indirect sex discrimination.
However, employers should make it clear in line manager training that this is no excuse for making negative remarks to a pregnant employee at this important time in her life. Health and safety legislation makes provision for risk assessments for pregnant employees and new mothers. Employers risk a finding of pregnancy and maternity discrimination if they do not abide by these rules. Carry out a pregnancy risk assessment. Take action if a risk to a pregnant employee is identified. Carry out a new mother risk assessment.
Take action if a risk to a new mother is identified. Pregnancy-related illness, such as morning sickness, could result in discrimination if the employer:.
Key case: In Brown v Rentokil Ltd , the European Court of Justice ECJ made it clear that the dismissal of a pregnant female worker because of ill-health absences caused by her pregnancy amounts to discrimination. Key case: In Visa International Service Association v Paul , the EAT held that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post in her department in which the employee was interested, and considered herself well qualified for.
An area that often causes confusion for employers is what pay and benefits have to be maintained during maternity leave. Work out if employee qualifies for statutory maternity pay. Recalculate statutory maternity pay on a pay rise. Employers should ensure that employees are not denied a pay rise that they would have received had they not been on maternity leave.
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Experts ‘surprised’ by rise in pregnancy discrimination claims
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Employers must give pregnant employees time off for antenatal care and pay their normal rate for this time off. Maternity leave and Statutory Maternity Pay will start automatically if the employee is off work for a pregnancy-related illness in the 4 weeks before the baby is due - it does not matter what has been previously agreed.
If the employee is not taking Statutory Maternity Leave, they must take 2 weeks off after the baby is born - or 4 weeks if they work in a factory. Employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due. If this is not possible for example because they did not know they were pregnant the employer must be told as soon as possible. Employees must also tell the employer when they want to start their Statutory Maternity Leave and Statutory Maternity Pay.
Where there are risks, the employer should take reasonable steps to remove them. For example, offering the employee different work or changing their hours.
The employer should suspend the employee on full pay if they cannot remove any risks. For example, offering suitable alternative work. For full details about the regulations see the Health and Safety Executive website.
If your employer still refuses to do anything, talk to your doctor or contact the Health and Safety Executive. Read the Acas guide on pregnancy and maternity discrimination for more information. To help us improve GOV. It will take only 2 minutes to fill in. Skip to main content. Accept cookies. Cookie settings. Home Childcare and parenting Pregnancy and birth. Pregnant employees' rights. Pregnancy-related illnesses Maternity leave and Statutory Maternity Pay will start automatically if the employee is off work for a pregnancy-related illness in the 4 weeks before the baby is due - it does not matter what has been previously agreed.
Compulsory maternity leave If the employee is not taking Statutory Maternity Leave, they must take 2 weeks off after the baby is born - or 4 weeks if they work in a factory. Telling the employer about the pregnancy Employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due. Explore the topic Pregnancy and birth Your rights at work and trade unions Trade unions and workers rights Having a child, parenting and adoption.
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