Legal action

Upholding a woman's right to advance her career whilst pregnant

Published: 16 February 2022

Last updated: 16 February 2022

What countries does this apply to?

Case details

Protected Characteristic Pregnancy and maternity
Types of equality claim Direct discrimination, Indirect discrimination, Victimisation
Court or tribunal Employment Tribunal
Decision has to be followed in England, Scotland, Wales
Law applies in England, Scotland, Wales
Case state Concluded
Our involvement Legal assistance (section 28 of the Equality Act 2006)
Outcome Settlement
Areas of life Work

Case name: X v A Police Force

When a woman discovered she was pregnant after being offered a job in the police force, the offer was withdrawn. We were concerned this amounted to discrimination and provided the woman with legal assistance to support her case.

Background

A woman was offered a job with the Police, subject to medical and fitness tests. Soon after, she discovered she was eight weeks pregnant and was told that her application would be put on hold.

The recruiter asked the woman whether having a baby would prevent her working shifts, she was later contacted and told her application had ‘timed out’ because she had not completed medical and fitness tests within six months and eventually, the job offer was withdrawn.

Why we were involved

It is our responsibility to uphold the Equality Act. We were concerned that the police force’s ‘time out’ policy indirectly discriminated against women.

We also believed this woman had been directly discriminated against because her pregnancy meant she couldn’t take the fitness test within six months.

What we did

We challenged this policy by providing legal assistance, so that other women weren’t disadvantaged.

What happened

The woman's case was resolved out-of-court. She was allowed to continue with her application and received £6,000.

Who will benefit

There are 123,000 police officers in the UK and 30 per cent are women.

We are now working with the police force to make sure this policy is changed and the equality rights of everyone who works for the force are protected.

Date of hearing

16 February 2022

Page updates

Advice and support

If you think you might have been treated unfairly and want further advice, you can contact the Equality Advisory and Support Service (EASS).

The EASS is an independent advice service, not operated by the Equality and Human Rights Commission.

Phone: 0808 800 0082
 

Or email using the contact form on the EASS website.
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Call the EASS on:

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