Pregnancy discrimination at work
Under pregnancy discrimination laws, it is against the law to treat a pregnant woman unfavourably because:
- She is pregnant
- Has a pregnancy-related illness
- Gave birth recently
- Is breastfeeding
When faced with a pregnant employee, an employer must not demote or dismiss an employee, or deny her training or promotion opportunities because she is pregnant or on maternity leave and must not take into account an employee's period of absence for a pregnancy-related illness when making decisions about her employment. In a wider context, protection against pregnancy discrimination is afforded to women in the course of their day-to-day lives as consumers and service users.
All employers will need to ensure that their HR policies are designed to prevent pregnancy discrimination in the following areas:
- Discipline and grievances
- Determining pay
- Redundancy selection
- Training and development
- Recruitment
Can someone be made redundant while pregnant?
It is possible for someone to be made redundant during a period of maternity leave or while pregnant if pregnancy is not the reason for the redundancy.
To help you understand if an individual has been treated unfavourably, here are some pregnancy discrimination at work examples:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
Direct discrimination typically includes being refused a promotion or being made redundant because a person is pregnant, on maternity leave or breastfeeding. It is also illegal for an employer to ask a mother to stop breastfeeding her child.
Indirect discrimination is when a workplace policy or practice works against a person who is pregnant, breastfeeding or on maternity leave. For example, unjustified refusal for flexible hours.
While pregnant, on maternity leave or breastfeeding, an individual should not be subjected to experiencing a distressing, humiliating or offensive environment. If a colleague or their manager is harassing them or they believe that they have been treated unfairly because they have made a complaint about a pregnancy or maternity discrimination case (victimisation), they might be able to make a claim. Call our expert solicitors today on 0161 696 6170.
Maternity leave discrimination cases
Maternity discrimination is also prohibited. The protected period for this is during the 26 weeks after giving birth. Such discrimination can also include the less favourable treatment of a woman within this period because she is breastfeeding.
Pregnancy and maternity discrimination is a different type of claim to sex discrimination and is defined under its own section of the Equality Act 2010 (s.18).
An employer, public body, service provider or association can be held accountable for the conduct of their employees, which gives rise to claims against these businesses or organisations.
If you believe that you have been the victim of pregnancy discrimination in the workplace and would like to speak to a member of our team, call us on 0161 696 6170 or complete our online enquiry form without delay.
Wider pregnancy discrimination
In the wider context, protection against pregnancy discrimination is afforded to women in the course of their day to day lives as consumers and service users.
Maternity discrimination is also prohibited and can take place during the 26 weeks after giving birth. Such discrimination can also include the less favourable treatment of a woman within this period because she is breast feeding.
Pregnancy and maternity discrimination is a separate claim to that of sex discrimination and is defined under it’s own section of the Equality Act (s.18).
An employer, public body, service provider or association can be held accountable for the conduct of their employees which gives rise to claims against these businesses or organisations.
If you believe that you have been the victim of pregnancy discrimination in the workplace or as an employer or service provider you have received a complaint of this, and would like to speak to a member of our team, call us on 0161 696 6170 or complete our online enquiry form without delay.
