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When a woman discovered she was pregnant after being offered a job in the police force, the offer was withdrawn.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.
Legal issue
Is having a job offer withdrawn on discovering pregnancy discriminatory?
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‘timed out’ because she had not completed medical and fitness tests within six months and eventually, the job offer was withdrawn.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
Page updates
Published:
16 February 2022
Last updated:
16 February 2022