Pregnancy Discrimination Solicitors - Employment Tribunal Compensation Claims
Pregnancy discrimination is an unusually far-reaching problem. Thousands of pregnant women have their employment unlawfully terminated every year or they are treated unfairly when they take maternity leave. Ignoring or tolerating these discriminatory practices only serves to perpetuate or extend the problem. It is illegal or unlawful to discriminate regarding any aspect of pregnancy. If you suffered discrimination from an employer due to your pregnancy, contact our pregnancy discrimination solicitors immediately. You might qualify for compensation based on that mistreatment; we can negotiate with your employer for settlement or if that fails, make application to the Employment Tribunal for redress.
Pregnancy Discrimination Factors
There are many kinds of discrimination involving pregnancy including:
- dismissal as a result of pregnancy
- dismissal as a result of taking maternity leave
- bullying in the workplace due to pregnancy
- harassment in the workplace due to pregnancy
- promotion eligibility denied due to pregnancy or maternity leave
- time off not being granted for appointments with doctors or clinics
Unfair Dismissal & Pregnancy
It is against the law for your employer to terminate your employment due to reasons related to your pregnancy. After your maternity leave is finished, your employer must allow you to return to work however if you employer refuses, then that is the basis for an unfair dismissal claim of wrongful termination of employment. In this case, the one-year employment requirement is waived. The employer bears the responsibility to justify that the termination was due to a reason other than pregnancy. There is no cap of maximum compensation, so awards of damage can be very significant.
Pregnancy & Redundancy
Redundancy occurs when an employee’s skills or services are not necessary any longer, perhaps because the business will close or changing technologies make the position obsolete. Workers may be selected for redundancy for various appropriate reasons. A woman who is chosen for redundancy while on leave for maternity might not automatically have a case for pregnancy discrimination. Regardless of the woman’s situation, whether she is on maternity leave or pregnant, if the selection for redundancy is valid, there is no case for unfair dismissal.
If a similar position exist within the organisation and it is currently open, the employee must be offered the position, without a requirement for application or interview. If the employee was not offered the available substitute position or job, then the dismissal was not fair. If offered an alternative job or position and the employee rejects it, then an employee loses her right to accept the redundancy compensation payment.
Whereas most redundancy assertions are commonly genuine, some cases are not genuine and are actually a sham or cover to dismiss a woman purely due to her pregnancy. Any employer who engages in this practice is liable to pay compensation for unfair dismissal. In this situation, the Employment Tribunal will often look to award maximum award for the employee because of the illicit nature of the cover up or sham.
Suspending a Pregnant Employee
Suspension of pregnant employees can result from two specific circumstances. The first is for reasons of safety or health of the pregnant worker. The second is if she is a night worker. In both cases, the worker is required to get full pay while suspended. Prior to, or instead of suspension, the employee must be offered a substitute position within the current organisation. If the employee is unreasonable in her acceptance or outright refuses the offer, she might lose her full-pay entitlement for the period of suspension.
Maternity Leave & Discrimination
Pregnant employees are eligible for maternity leave which consists of a total time of 12 months. The employee is not required to have worked a minimum amount of years or hours in a week to be eligible for maternity leave which is a right guaranteed by statute.
Pregnancy Discrimination Solicitors
Pregnancy discrimination is a surprisingly widespread problem within the United Kingdom. Every year, tens of thousands of women are dismissed or subjected to discrimination because they are pregnant or have taken maternity leave. This type of discrimination does not have to be tolerated. It is unlawful for an employer to discriminate against an employee based on her pregnancy. If you believe you have been a victim of this unlawful action just contact our pregnancy discrimination solicitors today for free advice with no further obligation. You may be eligible to make a claim to the Employment Tribunal and receive substantial compensation for your mistreatment.