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Pregnancy and maternity leave: common discrimination pitfalls

XpertHR's new series of detailed summaries of employment tribunal decisions has continued with a look at five tribunal claims for pregnancy and maternity leave discrimination [subscription required].

pregnant.jpgWe've already covered unfair dismissal in selection for redundancy, age discrimination in redundancy, and disability discrimination in the police [subscription required] and are tackling failure to inform and consult on collective redundancies and employers' duty to make reasonable adjustments for disabled people next.

Although the decisions are not binding on other tribunals, they provide useful illustrations of some of the common traps that employers fall into when managing employees who are pregnant or on maternity leave discrimination. These include an employer's failure to implement a pregnancy risk assessment; not notifying a pregnant part-time employee of full-time vacancies; and withholding a discretionary Christmas bonus from an employee on maternity leave. We've also looked at two cases where pregnant employees were selected for redundancy.

I have used the cases as the basis to discuss some of the common mistakes that employers make in this area with my colleague Jeya Thiruchelvam in the XpertHR Weekly podcast (at 11:11).


Photo: Mahalie

Stephen Simpson | |

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