Tag: discrimination

Managing redundancy for pregnant employees or those on maternity leave

The beginning of pregnancy to the end of maternity leave is a ‘protected period’ during which a woman is entitled to special consideration if this is necessary to make good any disadvantage she may otherwise experience

The law makes it clear that:

During the protected period, unfavourable treatment of a woman because she is pregnant or on maternity leave is unlawful. This means a woman doesn’t have to compare her treatment with anyone else to show direct pregnancy and maternity discrimination
A woman on maternity leave has the right to return to the same job before she left; an interim employee cannot be given her job even if you think the person is a better employee.
Selecting a woman for redundancy because of her pregnancy, maternity leave or a related reason is automatically unfair dismissal as well as being unlawful discrimination.
Failure to consult a woman on maternity leave about possible redundancy is likely to be unlawful discrimination.
A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if you have one. She doesn’t need to apply for it.
Special provision for a woman in connection with pregnancy or childbirth is not sex discrimination against a man provided that the action you take does not go beyond what is necessary to rectify her disadvantage.

If you are reorganising and/or need to make employees redundant and this includes someone who is pregnant or on maternity leave, you need to:
· Check the redundancy is genuine and necessary
· Ensure you consult and keep in touch
· Establish non-discriminatory selection criteria
· Consider alternative work.

The full guidance from ACAS can be found here

Workers’ Rights

An employer doesn’t usually have to give a work reference – but if they do, it must be fair and accurate. Workers may be able to challenge a reference they think is unfair or misleading.

Employers must give a reference if:

there was a written agreement to do so
they’re in a regulated industry, like financial services

If they give a reference it:

must be fair and accurate – and can include details about workers’ performance and if they were sacked
can be brief – such as job title, salary and when the worker was employed

Once the worker starts with a new employer they can ask to see a copy of a reference. They have no right to ask their previous employer.

Bad references

If the worker thinks they’ve been given an unfair or misleading reference, they may be able to claim damages in a court. The previous employer must be able to back up the reference, such as by supplying examples of warning letters.

Workers must be able to show that:

it’s misleading or inaccurate
they ‘suffered a loss’ – for example, a job offer was withdrawn

Workers can get legal advice, including from Citizens Advice. They may also get legal aid.

Discrimination and unfair dismissal

Workers might also claim damages from a court if:

the employment contract says they must be given a reference but the employer refuses to
the worker is sacked because they’ve been asked to give a reference while the worker’s still working for them

Workers can get legal advice, including from Citizens Advice. They may also get legal aid.

Contact Acas (Advisory, Conciliation and Arbitration Service) for advice.

Acas helpline
Telephone: 0300 123 11 00
Textphone: 18001 0300 123 11 00
Monday to Friday, 8am to 6pm