PREGNANCY DISCRIMINATION - EMPLOYMENT LAW SOLICITORS

Pregnancy discrimination is a special subset of employment law. Our solicitors deal exclusively in employment disputes and specialise in issues of pregnancy discrimination. Pregnancy discrimination comes in many forms. Some of the ways in which a pregnant woman might be discriminated against include :-

• dismissal because of pregnancy or taking maternity leave
• workplace bullying
• harassment
• not being considered for promotions
• not being allowed to take time off for doctor appointments

Contact us today for a free legal consultation about pregnancy discrimination and employment disputes. You will receive no charge, no obligation legal advice from an expert employment law solicitor. All you have to do is call our helpline or email our offices. Cases are dealt with using the no win no fee scheme, which means you pay nothing if your solicitor does not win your case.

SOLICITORS HELPLINE 0844 332 0018

It is unlawful for an employer to dismiss an employee for any reason related to her pregnancy. Additionally, it is an unfair dismissal if an employer refuses to allow a woman to return to work after her maternity leave has expired. Any wrongfully terminated woman can bring an unfair dismissal claim. There is no requirement that you be employed for one year. It is the employer’s responsibility to prove that the dismissal was for some reason other than the employee’s pregnancy. Compensation in unfair dismissal cases related to pregnancy can be substantial as there is no cap on the amount of damages that can be awarded.

SOLICITORS HELPLINE 0844 332 0018

Redundancy means that an employee’s services are no longer needed, sometimes because the business has closed. Employees may be chosen for redundancy for a variety of legitimate reasons. A woman might be selected for redundancy while she is on maternity leave without the selection necessarily being due to pregnancy discrimination. Regardless of whether the woman is pregnant or on maternity leave, if the redundancy is legitimate, then there is no unfair dismissal.

In order for the dismissal to be fair, however, the employee must be offered suitable replacement employment if such a position is open. This employment opportunity should be made available to the employee without the requirement that she apply for the position or give an interview. The dismissal is not fair if the employee is not offered an available alternative job. If such employment is offered and subsequently rejected by the employee, then the employee will lose her right to seek a redundancy payment.

While claims of redundancy are typically legitimate, there are some cases where the claim is actually a cover for dismissing a woman solely because she is pregnant. An employer who does this has engaged in unfair dismissal. Thus, the employee is entitled to bring a claim before the Employment Tribunal seeking compensation for the unfair dismissal.

SOLICITORS HELPLINE 0844 332 0018

Employers are lawfully entitled to suspend a pregnant worker for two specific reasons. First, she can be suspended if the reason is related to her health or safety. Second, she can be suspended if she works at night. However, the employee is entitled to receive full pay during her suspension. Also, before resorting to suspension, the employer must first offer the employee suitable alternative work within the organisation. If the pregnant worker unreasonably refuses this offer, she may lose her right to full pay during the suspension period.

SOLICITORS HELPLINE 0844 332 0018

Pregnant employees are entitled to a total of 12 months of maternity leave. The employee need not have worked for the organisation for a minimum number of years,and she need not work a minimum number of hours per week in order to receive this maternity leave. It is unlawful for an employer to dismiss an employee for taking her maternity leave. To do so automatically constitutes unfair dismissal, giving way to a compensation claim before the Employment Tribunal.

SOLICITORS HELPLINE 0844 332 0018