Pregnancy Discrimination and Maternity Discrimination
When you find out you are pregnant, it can be the happiest time of your life. It’s very unpleasant, therefore, to then experience any kind of maternity or pregnancy discrimination at work because of it.
First things first…
Legislation prohibiting pregnancy discrimination is set out in the Equality Act 2010. An employee should not suffer less favourable treatment, or be disadvantaged by any conditions of employment, because she is pregnant, has an illness related to pregnancy, or is on maternity leave. This includes pregnancy discrimination with respect to promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.
Points to note…
Maternity leave, and time taken off for antenatal care, is considered a statutory right. Once you have asserted that statutory right, you are protected from maternity discrimination.
Protection under the Act is called the “protected period” and lasts from the start of pregnancy to the point you return to work after maternity leave.
What happens once I’ve informed my employer?
As soon as you’ve informed your employer of your pregnancy, you have the right to attend antenatal care appointments during work hours and still be paid. Requests for this should not be unreasonably refused by your employer. It’s worth noting, though, that it is deemed reasonable for your employer to ask to see both a certificate confirming that you are pregnant and an appointment card showing your appointment.
However, you are not entitled to request paid time off to attend NCT classes, massage etc. In other words, your antenatal appointment(s) must be directly related to your health.
Once you have informed your employer that you are pregnant, they should carry out a risk assessment with respect to your health and safety. This should take into account physical, biological and chemical risks, and steps should then be taken by your employer to remove any risks identified. If working conditions cannot be changed to mitigate any risks found, then your employer should offer you alternative employment or suspend you on full pay.
If your employer doesn’t carry out a risk assessment, or doesn’t remove identified risks, you may be entitled to make a claim for maternity discrimination.
Redundancy
If during your maternity leave your role is made redundant, then your employer is obliged to offer you any suitable alternative employment available in the company under a new contract.
The new contract of employment must be for work that is both suitable for you to do and appropriate in the circumstances. In addition, the provisions of the contract for terms and conditions of employment and place of work must not be substantially less favourable than if you had continued in your old job.
Note that it is automatically unfair dismissal if you are dismissed, or selected for redundancy, for a reason related to being pregnant. This includes being selected for redundancy because your employer doesn’t think you will return when you are on maternity leave.
What if my employer doesn’t allow me paid time off for antenatal appointments?
If your employer refuses to let you have paid time off for antenatal care, you are entitled to present a claim to an employment tribunal. Note, however, this claim must be made within 3 months of being refused.
What about maternity leave?
First off, it’s important to know that all women are entitled to maternity leave, regardless of how long they have worked for the company. You are entitled to 26 weeks ordinary maternity leave, and then an extra 26 weeks additional maternity leave.
What about breastfeeding when I return to work?
If you intend to breastfeed at work, your employer should carry out another health and safety risk assessment. It is considered good practice by the Health & Safety Executive for appropriate facilities to be provided for breastfeeding and expressing milk at work. I.e facilities should be private, clean and safe, and safe storage should be provided for expressed milk.
It is worth noting, however, that you do not have a legal right to take time off to breastfeed or express milk. Your employer, therefore, is not legally obligated to provide such facilities.
Victimisation
Victimisation, with respect to maternity and pregnancy discrimination, occurs when an individual is treated less favourably as a result of their making a complaint (or intending to make a complaint) about maternity or pregnancy discrimination or harassment. It can also occur when an individual is treated less favourably as a result of their giving evidence or information in relation to someone else’s maternity or pregnancy discrimination claim. So, for example, if you are denied promotion or training as a result of your involvement in a maternity discrimination complaint, then this may be considered victimisation too.
What should I do now?
If you think you have been the victim of maternity or pregnancy discrimination at work, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 080 304 7254.
