What Is Pregnancy and Maternity Discrimination?
Along with sex, age, race, religion and belief, disability, gender reassignment, sexual orientation and marital status, pregnancy and maternity are the “protected characteristics” detailed in the Equality Act 2010.
This means that it’s illegal for an employee to be treated unfavourably because they are pregnant or have taken a period of maternity leave.
Examples of pregnancy and maternity discrimination may include being overlooked for a promotion or being selected for redundancy because you have been on maternity leave.
If you have been treated less favourably because you are pregnant, because of a pregnancy-related illness, or because you have taken maternity leave or have asked to take maternity leave, then you may be entitled to bring a claim in the Employment Tribunal for discrimination.
Who Can We Help?
Our specialist employment solicitors have extensive experience in dealing with pregnancy and maternity discrimination, as well as sex discrimination issues. We can act for you if you are:
- pregnant or have a pregnancy-related illness and have been treated less favourably by your employer because of this
- treated unfavourably because you are taking or seeking to take maternity leave
- currently on maternity leave and your employer has not involved you changes in the business
- returning from maternity leave to find that changes have been made to your role and responsibilities
We can also act for individuals who have discrimination concerns but remain in employment and do not want the stress and uncertainty of resigning with no alternative job to go to.
Our employment lawyers are, therefore, extremely experienced in negotiating lucrative exit packages to facilitate employees and senior executives leaving their employment as an alternative to pursuing a discrimination claim.
In addition to maternity rights, there are other types of family-friendly rights such as:
- paternity leave and pay
- adoption leave and pay
- shared parental leave and pay
- parental leave
- carer’s leave
- parental bereavement leave
- time off for dependants.
It is illegal for an employer to put an employee to a detriment as a result of requesting or taking these types of leave, and if you have been disadvantaged in doing so, you may be able to pursue a claim against your employer.
How Can We Help You
Our employment team are specialists in dealing with pregnancy and maternity discrimination matters and are ready to assist you with your case, offering advice in clear, straightforward language.
This ensures you grasp your current circumstances and the subsequent steps to take. Our skilled solicitors are equipped to:
- Negotiate with your employer to promote a settlement or exit package
- Assist and navigate you through a settlement agreement with your employer, where appropriate, aiming to avoid the complexities of Employment Tribunal proceedings.
- Prepare necessary legal documentation should your case proceed to an Employment Tribunal.
- Advocate on your behalf in the Employment Tribunal, where appropriate.
Our Pregnancy and Maternity Discrimination Experience
Recent examples of our work in this area include:
- Acting for an employee of a major retailer on maternity leave, negotiating with her employer to achieve exit terms when she was told she could not return to her previous role after her maternity leave.
- Assisting a senior executive of a major bank on maternity leave with negotiating a substantial exit package when she was told that her role was no longer available after her maternity leave.
- Advising a senior HR employee on maternity leave in relation to a potential discrimination claim arising from her selection for redundancy, securing a significant exit package for her.
- Advising another employee on maternity leave in relation to the right to be offered an alternative role because her role had been made redundant whilst she was on maternity leave.
- Representing various individuals in relation to claims for sex and pregnancy/maternity discrimination in relation to women treated less favourably whilst pregnant or on maternity leave, including claims resulting in significant payments of compensation.
Why Work with Us?
Our specialist team of Pregnancy and Maternity Discrimination solicitors is described in the independent Legal 500 directory as “excellent” and are highly recommended in the Legal 500. Therefore, you can be reassured that you will deal with some of the best employment solicitors in the country.
Our Pregnancy and Maternity Discrimination lawyers can be strident and robust on your behalf, where appropriate, including when dealing with the largest of employers or professional organisations on behalf of our senior executive clients but also easy to deal with and clear in our advice.
We will fight your corner, and we always take into account the sensitivity of a situation and your professional and personal circumstances.
In particular, our employment lawyers offer:
- City centre standards of employment law advice and service levels due to our policy of recruiting only the best specialist employment solicitors from leading firms.
- Clear and straightforward UK employment law advice that is user-friendly, pragmatic and commercial.
- Extensive experience in advising various employees, including senior executives, directors and partners with complex employment concerns.
- A credible team of employment law solicitors that are used to dealing with and providing representation against large employers and law firms on behalf of our clients.
- A partner-led service and a genuinely accessible team of experienced employment law solicitors due to our size, structure and unique culture.
- Cost-effective support tailored to your unique employment issues and certainty on costs where you need it.
Testimonials
Mr Tolmac
First and foremost, your team’s courteous, understanding, and professional approach stands out. The way they clearly and thoroughly explained everything I needed to know reflects a genuine passion for what they do. When people truly enjoy their work, delivering the best possible results becomes second nature; and that is something everyone deserves.
Mr. Deradour
Jack has been so good with me; very supportive and personal.
Mr. Hughes Gareth
Amy was professional, informative, working for me and advised me of her ideas and suggestions. It felt collaborative. She's an asset to you.
Mr. Mayers
Made it very easy. Great communication. I felt very confident every step of the way.
Mr. Heald
The service was excellent. Vicki was not only very professional, but timely in her responses and understanding of key timelines. I would definitely use Myerson again.
Mr. A
Anjali Brown made was amazing to work with. She was very professional and knowledgeable. She explained everything. Made me feel comfortable and at ease with everything that was going on. I was very happy with the outcome and felt that Anjali had worked hard on my behalf and had respected my wishes.
Alannah
Vicki Fagan recently helped me with an employment matter and she was fantastic from start to finish, she gave clear, honest advice, and was always on hand to quickly answer any questions I had. She was friendly and professional at all times and I wouldn’t hesitate to recommend her.
Mr. Holt
Fantastic service - friendly, fast, and they inform you exactly what your options are.
Natalie Chapman
Charlotte was extremely helpful, supportive, and proactive with my case. Communication was excellent, and I felt I was in professional and safe hands. Thank you
Mrs. Witts
Jack Latham was very informative, supportive and took his time to go through the settlement agreement process I had with my employer.
Mrs. Cottrell
Great service with quick turnaround and pragmatic approach to advising me. Thorough legal review. Joanne Henderson was very easy to work with.
Mr S
1st Class experience. Great advice, very responsive and understanding. Helpful and knowledgeable and helped to achieve a great outcome. I Would highly recommend.
Mr Pearse
Jack Latham was quick to assess the situation and handled my case professionally and efficiently.
Susan
Efficient service. I had the pleasure of working with Vicki, who was extremely efficient and helpful. She communicated well and was very clear in outlining her actions and following these through promptly. She raised points which proved really useful and I valued her insight. I found her very professional.
Martyn
Professional service provided for a personal legal matter. I would highly recommend this firm. The Solicitor assigned to me was personable and highly knowledgeable, ensuring that my matter was dealt with due care and attention.
Laura
Jack Latham was incredible. Amazing solicitor who was first class in delivering advice.
Ed
Myerson Solicitors were recommended to me. Even on my initial contact I was immediately at ease by the manner in which my cold call was answered and dealt with. A great company to deal with at all levels from reception right up to senior partners. Would definitely recommend to others.
Jeff Abbott
Myersons were recommended to me and they didn’t disappoint. The issue I engaged them for was time sensitive and they managed to get everything squared away very quickly but without compromising the quality of the work or my understanding of the process. Excellent service all round and I would happily recommend them to friends and family.
Legal 500, 2019
The 'commercially savvy' Joanne Evans leads Myerson Solicitor's employment department.
Legal 500, 2020
A very personal and professional team that we treat as an extension of our team. They always are responsive to our needs which can be at short notice given how our business is run which is brilliant for us and we value this service so much.
Legal 500, 2020
They are a really good alternative to the bigger city firms. They have the skills without some of the frills and formality.
Legal 500, 2020
Myerson Solicitors are at the very top of their field. They are extremely knowledgeable, personable, reliable and provide outstanding personal service. Each issue they have dealt with has been carried out extremely thoroughly – sometimes being given very short notice.
Miss N.Kay
Dealing with stress and leaving a company can be very emotive, but having Myerson and being represented by Charlotte was invaluable to me. She explained everything in detail, in a way I could understand, making my exit from work less stressful. Charlotte's legal acumen and knowledge of employment law was fantastic and she liaised directly with my company and removed the stress from dealing with any legalities. I have no hesitation in recommending Myerson- the service outstanding.
Mary
The solicitor appointed successfully negotiated an improved package in a timely manner. Without Myerson Solicitors' assistance, I would have left the organisation with minimal financial compensation and not on good terms. The solicitor's professional intervention not only facilitated a reasonable settlement but provided a 'calming' influence at a most stressful time.
Gary Haynes
Joanne Henderson represented me and over 40 of my former colleagues in a long, complex and highly charged TUPE group action. Joanne is extremely knowledgeable in her field, with a real ability to focus on the specific legal issues at hand, weed out all the irrelevance and make a strong and clear case. I would heartily and without hesitation recommend Joanne to anyone with an employment law issues.
Frequently Asked Pregnancy and Maternity Discrimination Questions
I‘ve suffered maternity discrimination– what redress can I seek?
If you have been subjected to unlawful discrimination, you may be able to bring a claim against your employer in the Employment Tribunal. If you are successful, the outcomes could be:
- Compensation.
- A declaration of your rights.
- A recommendation to your employer to stop the discrimination from happening again.
We are extremely experienced in assisting and representing individuals with discrimination claims. Please click here for details of our cost for this service.
What is the compensation for maternity discrimination?
If you are successful in pursuing a claim for pregnancy and maternity discrimination in an Employment Tribunal, there is no cap on the level of compensation that can be awarded.
Compensation is awarded for any financial loss suffered as a result of the discriminatory action and for “injury to feelings”.
I’ve not been working for my employer for very long, can I still pursue a claim for pregnancy discrimination?
Yes, unlike some other claims, there is no qualifying period of employment required to bring a discrimination claim.
In addition, if you are dismissed from your employment because you’re pregnant or on maternity leave or because you want to take any other family leave (such as parental leave, parental bereavement leave, or leave for dependants), then this could render the dismissal automatically unfair, and you can pursue this claim without needing to have the usual two years’ service.
For more information about your rights during pregnancy and maternity leave, please read our guide for pregnant people at work
Meet Our Employment Solicitors
Home-grown or recruited from national, regional or City firms. Our employment lawyers are experts in their fields and respected by their peers.
Charlotte Gilbert
Charlotte is the Head of Myerson HR and a Partner in our Employment Team
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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