Pregnancy is a wonderful experience for many women, but it can also be a challenging time, especially when it comes to workplace discrimination. Despite the existence of pregnancy discrimination laws and maternity rights, some employers still engage in discriminatory practices that harm pregnant women and new mothers.
One of the most common forms of pregnancy discrimination is wrongful termination. This is when an employer fires a woman because she is pregnant, has recently given birth, or is on maternity leave. Wrongful termination is illegal in the UK, and pregnant women who are fired without just cause can sue their employers for compensation.
Another form of pregnancy discrimination is a contract dispute. For example, an employer might refuse to provide maternity leave or pay for time off work during pregnancy or after childbirth. This can put significant financial strain on new mothers and their families, and it is also illegal. Employers must provide pregnant employees with adequate maternity leave and pay, and they must not discriminate against women because of their pregnancy or maternity status.
There are four main types of pregnancy or maternity discrimination:
Direct discrimination
Direct discrimination means being treated unfairly because you are pregnant, on maternity leave or breastfeeding. For example, being refused a promotion.
Indirect discrimination
This discrimination is when a workplace practice works against people who are pregnant, breastfeeding or on maternity leave. For example, asking all employees to work set hours or having no flexible working options.
Harassment
Harassment is when unwanted conduct related to pregnancy, maternity leave or breastfeeding causes a distressing, humiliating or offensive environment.
Victimisation
Victimisation is when you are treated unfairly because you’ve made or supported a complaint about pregnancy, maternity or breastfeeding discrimination.
Can you be made redundant during maternity leave?
Your role can be made redundant while you are on maternity leave. You can also be selected for redundancy but pregnancy must not be the reason you were selected.
If you’re on maternity leave, you have the right to return to the same job you had before you left. If you’ve taken more than 26 weeks maternity leave and it is not possible for you to return to exactly the same job, for example, because there has been a reorganisation, you must be offered a suitable alternative job on the same terms and conditions.
If you’re made redundant while on maternity leave you must be offered any suitable alternative job, if one exists. You should not be expected to go for interviews and assessments during your maternity leave. If you are not offered a suitable alternative vacancy that exists, you may have a claim for unfair dismissal, automatic unfair dismissal and it may be maternity discrimination.
DJP Solicitors - Employment Lawyers
If you have a contract dispute or wrongful termination related to pregnancy or maternity discrimination, you may need an employment lawyer. Don’t hesitate to get in touch with us at DJP solicitors for further assistance. Call us today on 01224 590053.
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