Pregnancy Discrimination

Dismissal on the Grounds of Pregnancy or Maternity Rights

Pregnant workers, dismissal and discrimination

Unfair Dismissal

The general rule is that you must have a period of 1 year continuous employment to be eligible to bring an unfair dismissal claim. 

However, one of the exceptions to this is where the dismissal is linked with pregnancy and maternity rights.

In that case not only is there no requirement for a minimum period of employment but the dismissal will be automatically unfair.
Some examples of when a dismissal is automatically unfair are:

• for a reason relating to your pregnancy
• because you tried to assert your right to paid time off for antenatal care
• you have given birth and are dismissed during your ordinary or additional  maternity leave (OML, AML)
• you have taken or want to take OML or AML

As pregnancy-related dismissals are discriminatory, it's likely that a pregnant employee would not only claim unfair dismissal but also unlawful sex discrimination.

Sex discrimination

Your employer must not treat you unfairly because you are pregnant.  Neither must your employer dismiss you or select you for redundancy for a reason related to your pregnancy.  To do so will amount to unlawful sex discrimination.  

There is a limit on the amount of compensation a tribunal can award for unfair dismissal but not for unlawful discrimination.

You must act quickly if you wish to bring a claim as - as your claim must be issued within 3 months of the dismissal -  so if you need urgent legal advice or wish to discuss your case free of charge call Diane Massey or Tom Wood on 01925 650 151 or 0845 009 0863 (24 hours) or email us at info@dsmlegal.co.uk

Specialist No Win No Fee Employment Solicitors