In a recent case before the Employment Tribunal, an employee was awarded £9,000 plus interest for damages to feelings after the Tribunal held that she had been subject to unfavourable treatment due to her pregnancy.
The employee had been seeking a pay rise to increase her pay relative to another, more junior, member of staff when the employer was informed of her pregnancy. The pay rise request was not granted in full and informal conversations with other staff suggested that this was because she was due to go on maternity leave around four months later.
The Tribunal concluded that the refusal of a pay rise because of the claimant’s impeding maternity leave was “unfavourable treatment” and that this was “an act of overt discrimination”.
Although other aspects of the claimant’s case were not upheld, it is a reminder of the importance of ensuring that pregnant employees are not discriminated against as a result of their pregnancy or maternity leave.
ACAS has guidance for employers and their employees on the rights and obligations for both parties in respect of maternity, paternity and adoption on their website.