Please help. Maternity Discrimination...

[PregnancyAdvicePlease]

I recently have decided to take my employer to tribunal due to being discriminated against.

some things were

• threatening to remove me from the rota and told to hand a sick note in or leave (had to go on sick for 4 weeks)
• not doing risk assessments till I raised a formal grievance (only 1 has been done in the entirety)
• stating they had no maternity pack / refusing to supply one
• senior colleague announcing my pregnancy to others without my permission
• made to feel unable to go out on group meetings
• cut my hours from 16 to 4 per week meaning I now don't qualify for SMP
• saying my antenatal appointments have to be taken unpaid or in my own time and having shifts taken off of me/swapped.
• being told I "didn't want shifts/didn't want to work" when I was ill with hyperemesis / PGP
• senior staff making up risk assessments, informing me they had been done without me when they haven't.

Among a few. I took the conciliation period (despite asking to amicably resolve this prior) and HR lied and told them they were all furloughed (there weren't) and I'd have to wait till they got back to work to have someone discuss it. I pursued and now we're here.

ACAS have contacted me today and have told me they are wanting to settle and have asked if I have anything in place. Now I'm due my child in 2 weeks so could do without the stress but I've had no legal input thus far.

I've included:

• Loss of earnings from going from 16 hours p/w to 4 from when this started till I was furloughed in March. (or do I include up until now?)
• Difference in SMP and MA as I now no longer qualify for SMP due to the above.
• loss of wages from having to go on sick for a month.

Emotional/stress aspect of the discrimination

Am I forgetting to include anything?

If you were furloughed, was that based on the 4 or 16 hours? If 4, claim lost wages up to birth. Also - what about at the end of Mat Leave? I'd claim for my notice period of full pay at least. Put your best case forward - if they are looking to settle they will try and knock you down so start high as your opening gambit!

@FluffMagnet I'm not sure tbh I'll try and find out!

I'm not sure for the end of Mat Leave, not even sure if I'll want to return tbh!

Thank you

furlough is based on our average up till the end of Feb and feb/jan wage was reduced due to my hours

Lost annual leave allowance? You should continue to accrue annual leave while on maternity leave so if that is accrued on the basis of 4hrs/week you have lost out on that.

Any reduction in pension payments - both employer contributions and your own.

Lost NI contributions? Goes into your state pension pot.

Has the reduction in wages impacted your ability to pay any debts eg mortgage, student loan, personal loans etc? Consider this too.

You should be in line for some compensation payment on top or lost earnings. 1 to 2 months salary for each year you worked there. It’s the compensation part that’s tax free

Also, I suggest contacting pregnant then screwed. I got free legal advice through them for a good chunk, then the employer has to pay fees up to £500 which will cover it

@MummaGiles

Oh i'm not sure, I'll ask and see how our holiday is done and factor that in

Theres 0 mention of pension on my payslips, should there be? I didn't think I earned enough for them to pay in same with NI

@Whosaysyoucanthaveitall I've only worked there since August 2019. ACAS is ringing me in the morning so I don't have enough time to contact pregnant than screwed

Can you agree wording for a future reference?

You need to seperate the issues and what you are suing them for. A number of items you listed ate likely to be deemed discriminatory.

The main issue is the reduction of shifts. Are you on a contract that clearly stipulates that your hours are 16h?

Can you evidence that the reduction to 4h 2as directly linked to your pregnancy and related complications?

Suing an employer for discrimination is very complex and would need to be looked into much more detailed to acsertain your chances than what you've shared in this thread.

@dontdisturbmenow I've already sent it off now.

Categorised it into things like loss of wages due to it and the emotional side of it. Yes I have evidence of lots of things including my manager telling me due to my pregnancy condition that I either need to go off sick or hand my notice in, my assistant manager telling all my colleagues I'm pregnant without my permission in the group chat, emails from them stating they're isn't enough work for me to do and to go home to save on labour etc.

You do need support without. For instance, employers have to give you time to go to any pregnancy medical relayed appointment, but it doesn't have to be paid. Do they did nothing wrong there.

Also, if your pregnancy is causing you to be ill and not able to do any work (as opposed to specific duties) and you are off sick, then of course they can ask for a sick note from your doctor.

Announcing your pregnancy is not nice but it's not illegal.

Not doing a risk assessment could result in a case, but you said they did after you raise a grievance, so again, poor practice but one that was rectified.

Remember than when it comes to suing your employer, you need to evidence that they broke the law. Employers are legally entitled to act unfairly.

You can make a case for bullying and harassment but evidencing it to the extent that it would result in a rolling in your favour is very hard, time consuming and stressful with a very low chance to win.

Your best best is to try to prove that you were discriminated purely on the basis that you were pregnant and from what you've said, the only possible case you have is if they reduced your hours purely because you are pregnant.

You didn't reply as to whether your contract states your hours of employment.

Pregnant employees are actually entitled to paid time off for antenatal appointments

They will ask for a sick note if you are off for longer than you can self certify for

Sorry for the confusion, indeed, entitlement to paid time off so there is definitely a case there if indeed it wasn't paid.

@dontdisturbmenow yes they do have to pay for antenatal appointments. I spoke with ACAS multiple times regarding the issues and they have confirmed I have a discrimination case against them.

I never said they couldn't ask for a sick note? Threatening to fire me or force me off sick due to not wanting to do a risk assessment/amend my duties is illegal.

Managers sharing confidential information is a breach in confidentiality something that is mentioned in our employee handbook. So it is in fact illegal to announce private and sensitive information to others.

refusing to do multiple risks assessments for months then doing one and refusing to do more and pointing me at risk wasn't rectified and nothing else was rectified.

I have evidence and said that multitudes of it hence why they're more than likely asking to settle outside of court. If they'd done nothing wrong they wouldn't settle.

I know I have a case, that wasn't the question. The question was what to include

Im not sure from your OP but are you staying employed with the company? If not (or if on reduced hours) you have future loss of earnings etc. too

@choj I believe so, Im not 100% sure tbh

If you would have been eligible for universal credit on smp but are not on ma I'd add that in top. MA is taken as income whereas smp isn't so you end up eligible on smp but not MA. Uc obviously gives you other allowances too, such as council tax reduction etc.
Add in Impact on employability in the interim.