About Pregnancy Discrimination Lawyers
Have you been discriminated against because you are pregnant or have recently given birth? Call 0800 999 5005!
Pregnancy Discrimination Lawyers Description
Pregnancy Discrimination
Your rights not to be discriminated against on the grounds of pregnancy and maternity are protected under the Equality Act 2010. It is one of nine protected characteristics covered by the Act, and prohibits unfavourable treatment against a female job applicant or employee who is pregnant or on maternity leave.
In order for the tribunal to consider your employer’s actions unfavourable the employer must know, believe or suspect that you are pregnant. The period of time you are protected includes the duration of the pregnancy up until two weeks after the end of the pregnancy; this is extended if you are entitled to ordinary and additional maternity leave.
Direct discrimination applies if in the “protected period” (from the beginning of the pregnancy to the end of maternity leave), the employer treats a woman unfavourably:
Because of her pregnancy /maternity; or
Because of an illness suffered by her as a result
There are other protections for a pregnant woman in a working environment:
Paid time off for ante natal care
Health and safety protection – carrying out a risk assessment and implementing it
When you return from maternity leave you have the right to return to the same job, or a similar position if this is not available.
Unfortunately, discrimination because of pregnancy or maternity is still very common. It takes many forms such as exclusion from training or failing to give pay rises or bonuses or even dismissal. Unlike most claims for unfair dismissal, protection from pregnancy /maternity discrimination starts from Day 1 of your employment.
At Prolegal we can help you bring a grievance to complain about pregnancy /maternity discrimination, help with sham disciplinary proceedings brought to hide dismissal on grounds or pregnancy and help you bring an Employment Tribunal claim for pregnancy /maternity discrimination.
Don’t delay before seeking our advice: claims have to be brought within 3 months of the discrimination. If you feel you have been the victim of pregnancy /maternity discrimination then please do not hesitate in seeking confidential advice from our experienced team of solicitors today.
Reviews
Pregnancy and Maternity discrimination - what the findings tell us In the recent general election it seemed all parties had family life as one of their core focuses, with the winning Conservative party promising new legislation to help the ‘Hard working family’. As the nation holds its breath with what may come of those promises, there is one part of employment law concerning working mothers that needs to be further addressed. http://ow.ly/Qbsql
For more advice regarding pregnancy discrimination or employment law, call us on 0800 999 5005, visit us at www.employmentadvice4u.co.uk/disc…/preg nancy-discrimination/ or email us at help@prolegal.co.uk
Why are we falling down the gender equality charts?
In the World Economic Forum’s latest Gender Gap Report rankings Britain has fallen to 26th place. Its lowest score since 2008. What is happening? What are we doing wrong? Our Joint Head of Employment, +Louise Taft, takes a look at the issues affecting Britain’s performance in the Gender Gap Report rankings over at +HRZone. http://www.hrzone.com/…/why-are-we-fall ing-down-gend…/144632
#equalpayday Women will be working for the rest of the year for free according to gender pay gap survey http://www.dailymail.co.uk/…/Gender-pay -gap-getting-WORSE-W…
What can a working mum do when turned down for flexible working? Joint Head of Employment, Louise Taft, answers another question at Working Mums. http://www.workingmums.co.uk/…/flexible -working-turned-down…
Prolegal: All Your Parents' Rights in One Article - Published: mumandcareer.co.uk 26 March 2014 Louise Taft gives a rundown of parents' employment rights. http://ow.ly/2F6eSc
Prolegal: Pregnancy Discrimination - Published: Families Magazine 28 May 2014 The Equality Act 2010 protects women from unfavourable treatment because of pregnancy but 60,000 women lose their jobs because of pregnancy or maternity discrimination every year http://ow.ly/2HdWFq
Prolegal: Pregnancy Discrimination - Published: mumandcareer.co.uk 14 February 2014 Lousie Taft provides an article looking at the employment rights surrounding pregnancy discrimination http://ow.ly/2DZlOr
I am on maternity leave with my first child but am now pregnant with my second child, what are my rights?
You are entitled to 52 weeks of Maternity Leave for each new pregnancy. It does not matter how many periods of maternity leave you take or whether they overlap. The earliest you can start your second period of maternity leave is the beginning of the eleventh week before the week your baby is due. When returning to work from Maternity Leave, you have the right to return to... the same job with the same terms and conditions that you had before you left work to go on maternity leave. If you are returning from Additional Maternity Leave (AML), the last 26 weeks of your leave, this right is not absolute as is the case with Ordinary Maternity Leave (OML) (the first 26 weeks of your leave), but your employer must show that it is not reasonably practical to return in the same role. Instead, you should be offered a suitable alternative position.
You are able to return to work if your maternity leave has finished, either by giving your employer notice that you wish to return early, or because your OML or AML has finished. If you do not want to return to work in between each period of maternity leave, you can take Parental Leave. You have an entitlement of 13 weeks, taken in blocks of a week at a time and you can take this leave up until your child is five years old.
If your average earnings are lower than £107 per week during the eight weeks (or two months if paid monthly) before the fifteenth week before your due date, (the calculation period) you will not qualify for Statutory Maternity Pay (SMP).
The first six weeks of your SMP is paid at 90% of your average earnings during the calculation period. The maternity pay for the second period will be calculated upon what you are earning during the first period of maternity leave. This may mean that you may be entitled to a reduced amount or even nothing, if you are beyond the period of SMP.
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I believe that I have been passed over for promotion because I am pregnant can you help me?
If you employer does not promote you because you are pregnant, you can claim pregnancy discrimination.
Pregnancy discrimination is any unfavourable treatment because of pregnancy, pregnancy related illness or maternity leave. This would include being passed over for promotion whilst pregnant or whilst on maternity leave. If this has happened to you, please contact us.
... Find the answers to more pregnancy discrimination questions on out website: http://www.employmentadvice4u.co.uk/…/c ommon-questions-abou…
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Since the change in the law introducing employment tribunal fees it can now cost £250 to bring a claim of discrimination with an additional fee of £950 if the claim goes to a hearing. However remissions are available and we have partnered with ARAG plc to bring to you an innovative insurance product to reduce the financial risks of bringing a discrimination claim to the employment tribunal.
http://www.employmentadvice4u.co.uk/tribu nal-fees.htm
Since the change in the law introducing employment tribunal fees it can now cost £250 to bring a claim of discrimination with an additional fee of £950 if the claim goes to a hearing. However remissions are available and we have partnered with ARAG plc to bring to you an innovative insurance product to reduce the financial risks of bringing a discrimination claim to the employment tribunal.
http://www.employmentadvice4u.co.uk/tribu nal-fees.htm
How do I know if I have a case for equal pay? If you suspect that you are paid less than someone in the same job, on the same grade or whose job has equal value, you may be able to claim equal pay. The biggest problem is usually getting information about your colleagues’ pay. We can help by issuing an equal pay questionnaire to gather evidence about pay and bonus rates and advise you on the strengths and value of an equal pay claim. http://ow.ly/o69OM
Pregnancy Discrimination and Grievances
If you think you are being discriminated against because of your pregnancy or maternity leave, the first step is to raise a grievance. Your employer should have a Grievance Procedure, which will set out what the process should be. Usually, a grievance involves you sending a written complaint to HR or your manager (or your manager’s manager if the complaint is about your manager). A meeting is then held to discuss your grievance, followi...ng which your employer should give you a written response. You should be given the opportunity to appeal the decision if you are not happy with it, when another manager should look at your complaint afresh.
It is important that your written complaint sets out what you complain about and why you think you are being treated this way because of your pregnancy or maternity. If you need help with your grievance, our Prolegal Online service can guide you through drafting a letter.
It is important to remember that you only have 3 months to bring a Tribunal claim for discrimination, whether or not your grievance procedure is ongoing. For more information on time limits, follow this link: http://www.employmentadvice4u.co.uk/…/h ow-long-do-i-have-to…
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