Out of sight, out of mind – Pregnancy and maternity discrimination
Pregnancy and maternity can be challenging for employers. How do you avoid discrimination and stay on the right side of the law? Let’s find out more.
It should be a happy time for an employee, but sometimes, an employee becoming pregnant and going on maternity leave can lead to complicated situations. Whether you’re someone who is pregnant (or might become pregnant soon) or an employer managing pregnant people, you need to know about discrimination laws. Pregnant employees need to look out for things their employer does (even accidentally), which could be discriminatory. In contrast, employers need to know how to manage their pregnant employees within the bounds of the law.
In this article, we’ll discuss pregnancy and maternity discrimination, so both sides know how to treat each other fairly.
Protected characteristic
The main thing employees and employers need to know is that pregnancy (and maternity) is a ‘protected characteristic’ covered by the Equality Act 2010. This means that just like an employer cannot discriminate against someone because of their disability, race or sex, for example, they cannot discriminate against someone because they’re pregnant or on maternity leave.
Let’s break that down further. The Equality Act states that an employer can’t treat an employee unfavourably because:
· They’re pregnant
· They’re suffering from illness as a result of their pregnancy
· They’re on maternity leave, want to go on maternity leave or have been on maternity leave (additional and equivalent maternity leave is also covered here)
Pregnancy and maternity discrimination in reality
If you’re pregnant, or you’re an employer with staff who may be pregnant, you need to know what is considered unfavourable treatment. The Equality Act gives quite a broad definition to unfavourable treatment, including qualifying that it’s ‘unfavourable’ rather than ‘less favourable’, so you don’t necessarily need to compare your treatment to another person to prove you’ve been discriminated against.
In the real world, there are several examples of what could be unfavourable treatment. Some seem obvious. For example, if an employer dismisses an employee on maternity leave just as they’re about to come back because they prefer the temp they brought in to cover their work, that’s unlawful. After all, if the employee was not on maternity, they wouldn’t have been terminated.
Other examples, however, could be less clear. If an employer passed over an employee for promotion and made a remark like, ‘You had a baby at the wrong time’ when asked about it, that’s discrimination. Even removing someone from a work WhatsApp group while they’re on maternity leave has been proven to be discriminatory.
What you need to know
If you’re an employee who is pregnant or may become pregnant soon, you need to be on the lookout for discrimination to protect your interests. You shouldn’t let an employer unlawfully penalise you in your career because you are having a baby or while you are having your baby.
On the other hand, if you’re an employer, you always want to stay on the right side of the law to minimise the risk of an employment tribunal claim. Even if an employee is off on maternity leave, you should keep them informed of developments at work. You may be out of sight, but you shouldn’t be out of mind.
Why you need an employment lawyer
The best course of action is to have an experienced employment lawyer in your corner. The Equality Act is a long, complex piece of legislation that is hard to navigate on your own. There are many ways to get it wrong, if you’re not careful.
If you’re an employee who thinks they might be discriminated against, your solicitor will give you an expert view and honest advice. Then, if you want to proceed with a case, they’ll fight for your interests. If you’re an employer and want to change anything in your business while your employees are pregnant or on maternity leave, your lawyer can assess the situation and ensure you do everything correctly. Talk to your solicitor today.
Find out more from Couchman Hanson
At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.
Call 01428 774756 or visit couchmanhanson.co.uk.