Legal action
Supporting pregnant women to be treated fairly in work
Published: 9 February 2022
Last updated: 9 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 |
Case state | Concluded |
Our involvement | Legal assistance (section 28 of the Equality Act 2006) |
Outcome | Settlement |
Areas of life | Work |
Case name: B v X
Legal issue
Was the claimant overlooked for promotion and demoted by her employer whilst on maternity leave and were these acts of discrimination because of the claimant’s pregnancy and maternity? Was the claimant victimised for complaining about her employer’s actions?
Background
B believed that she was demoted and overlooked for promotion whilst on maternity leave. Upon making an employment tribunal claim on that basis, B was then subjected to disciplinary proceedings, with her employer alleging that the statements she had made in her claim were false.
B then resigned and made a second claim for victimisation.
Why we were involved
People in Britain have the right to equal access to the labour market and to be treated fairly at work.
What we did
We gave legal assistance using our powers under section 28 of the Equality Act 2006.
We funded the claimant’s solicitor to run the case and provided an EHRC solicitor to represent the claimant at tribunal.
What happened
The case settled out of tribunal, which was a successful result for us and the claimant.
Who will benefit
Female talent is critical to the success of the UK economy, yet pregnancy and maternity discrimination and disadvantage at work affects around 390,000 pregnant women and new mothers each year. While the majority of employers say they are firm supporters of female staff during and after pregnancy and find it easy to comply with the law, three in four (77%) mothers say they have had a negative or possibly discriminatory experience at work. Cases like this help us drive the change that will eliminate the unfairness that discrimination during pregnancy and maternity creates for thousands of women every year.
Date of hearing
Page updates
Published:
9 February 2022
Last updated:
9 February 2022