Pregnancy Discrimination Rights
It is automatically unfair (at any time) to dismiss an employee or to select her for redundancy when the reason or principal reason for the dismissal (or selection for redundancy) is connected to her pregnancy or the fact that she has availed herself of the benefits of statutory maternity leave.
It is also automatically unfair under regulation to dismiss an employee or select her for redundancy for a reason connected to the fact that she has given birth. (This latter rule only applies where the termination brings the OML or AML to an end). In practice, she may also have a claim for pregnancy and maternity discrimination in such situations.
Even if the reason for dismissal is not connected to her pregnancy, childbirth or statutory maternity leave, the employee may still have an ordinary claim for unfair dismissal.
A pregnant woman is protected against being subjected to a detriment (at any time) for a reason connected to her pregnancy or statutory maternity leave. She is also protected from detriment during OML or AML for a reason connected to the fact that she has given birth.
- Socially Responsible Investment
- Comprehensive Investment Plans
- Financial Planning for Business
- Tax Mitigation Strategies
There are five potentially fair reasons for dismissal
‘Faced with a challenging discrimination claim, a first for us, Herefords guided throughout, we were able to successfully defend the claim and get some of our costs back too. Recommend highly’ – Managing Director
- This could be a single act of misconduct or a series of less serious acts
- Capability or qualifications. This includes poor performance, ill-health and formal qualifications
- This includes workplace closure, business closure, or reduced need for employees
- Where continuing to employ the employee in the position they hold would contravene a statutory restriction (for example, because of their immigration status)
- “Some other substantial reason” (SOSR). This is a catch-all category of potentially fair reasons that do not fall under the other categories. For example, this category may include dismissals for failure to agree to changes to terms and conditions, pressure from third parties such as clients, and business reorganisations falling short of a genuine redundancy situation.
