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Pregnancy Discrimination

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What is Pregnancy Discrimination?

 

Pregnancy Discrimination arises when an employee is treated unfavourably in the workplace because they are either pregnant or have recently had a baby.

Common examples of pregnancy discrimination can include being dismissed shortly after notifying your employer that you are pregnant or after returning to work following maternity leave.

Pregnancy discrimination can present itself in many forms. It is important to be aware that receiving unfair and unfavourable treatment because you are pregnant (or have taken maternity leave/ intend on taking maternity leave) is deemed unlawful under the under the Equality Act 2010.

If you have been treated unfavourably and you believe that the reason is linked to your pregnancy, please contact Oakwood Solicitors as soon as possible.

Pregnancy Discrimination

 

Do I have to have suffer repeatedly in order to have a discrimination claim?

The answer is no – just one instance would be enough to make a claim. For example, you could be denied your previous position (or a similar role) for no reason other than you recently returned from maternity leave.

 

Should I raise a grievance before pursuing a claim?

Employees are expected to raise a grievance in order to resolve a work related dispute before going to tribunal.

Employees should follow the grievance procedure in their Staff Handbook. If you do not have a Staff Handbook, take a look at our guidance on raising a Grievance in the workplace here.

Please keep in mind that there are strict time limits to pursue claims in the Employment Tribunal. Please read below for more information on time limits.

 

I have raised a grievance and in doing so, matters have become worse at work. What can I do now?

Many claims of victimisation arise as a result of pregnancy grievance being raised.  Even if the grievance matter that you raised has been resolved, an employer may be resentful about the fact that you raised a formal complaint which can often lead to being victimised in the workplace.

If you are being victimised for raising a pregnancy-related grievance, please contact Oakwood Solicitors to see if we can help.

 

Can ACAS help?

ACAS is an independent body that deals with issues in the workplace. They offer free, expert advice relating to good business practice and employment law and offer their services to both employees and employers in the hope of resolving disputes fairly.

Employees are required to contact ACAS before submitting a tribunal claim in order to create an opportunity for employer and employee to resolve matters informally before going to tribunal.

 

Do I need to collect any evidence?

Collecting evidence is hugely beneficial to your claim.  It is important to keep a chronology of events to work out your time limit for submitting your claim in the tribunal. Please read below for more information on time limits.

 

Would I need to resign to make my claim?

It is not necessary to resign from your job to make a claim for discrimination.

However, If you feel like you have no option but to resign, you may have a claim for Constructive Dismissal. Find out more about Constructive Dismissal by reading our guide here.

 

Has your employer made the work environment safe?

Many pregnant women are unaware that an employer should identify any risks in the workplace that may jeopardise a pregnant employees safety.

Employers should take steps to mitigate any additional risks to the pregnant employee.

If you have asked your employer to make an adjustment for you whilst pregnant, or your employer has asked you to do something which may cause harm to you and your baby, call Oakwood Solicitors today to see how we can support you during this difficult time.

 

Why Use Oakwood Solicitors Ltd to make your case?

No one should suffer with work-related stress or discrimination concerns alone. Why not contact Oakwood Solicitors today to see if we can navigate you through this difficult time.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of Employment law.

 

I think I am being discriminated against. What should I do now?

If you believe that you have been discriminated against because you are pregnant, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

 

If you wish to pursue your claim to the Employment Tribunal

Generally an employee must start ACAS Early Conciliation within three months less a day from the incident or decision that they wish to complain to their employer about, even if a grievance or grievance appeal process is still ongoing.

If an employee does not start ACAS Early Conciliation within that time period then they may be prevented from bringing a claim against their employer before an Employment Tribunal. It is important that you seek legal advice as soon as you are able to ensure that you do not inadvertently pass the time frame in which you have to bring a claim before an Employment Tribunal.

Even if you do not wish to pursue your claim in an Employment Tribunal, there could be other legal remedies available. Please contact Oakwood Solicitors Ltd for further advice.

 

WHAT TO DO NEXT

Please contact Oakwood Solicitors Ltd as soon as possible for a free initial review of your potential claim. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

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0113 200 9776

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