“Protected period” of maternity leave

[NominatedNameOfTheDay]

Hello,

I recently had my annual review where I was explicitly told my performance had been marked down and I was not put forward for promotion because I was on maternity leave last year.

I'm so disappointed and want to see what my legal rights are but I’m getting confused reading the equality act, section 18, which covers pregnancy and maternity.

it says the ‘The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends—
(a)if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy’

does this mean because I have already returned to work (I came back in September), I do not benefit from this protection anymore?

Thank you for any help or advice.

Maternity Action have a more detailed explanation on their website on the Pregnancy Discrimination page.

I believe is 18 months from the date of birth of your baby. It should be on the ACAS website.

I'm going through a similar issue. Currently on Mat leave but new line managers asked to have a performance review while I'm off. I accepted because I didn't expect any surprises. However, I got slated and marked as off-track. The business was going through a restructuring (still is) when I was pregnant, and my role was made redundant. I asked a number of times what my new role would be when I came back and they side stepped it. Now it's been turned into a performance issue.

You are protected when pregnant but performance reviews are subjective, and performance can be a legal reason for dismissal, but it's murky territory. ACAS and Pregnant and Screwed are very helpful. They can guide you on what trump cards you can use to challenge this.

Document everything with your employer. Put together a case if you can and gather any evidence from emails to Teams chat etc. Log a case with HR as well.

@Silverhope77I think you are conflating the redundancy protected period from the discrimination protection period for pregnancy, they are not the same.m in duration.

@NominatedNameOfTheDayyes, I believe your understanding is correct. You would still be offered certain protections in a redundancy situation but are outside the general protected period. Of course, if you felt anything now relates to your treatment during or handling of your mat leave or pregnancy then there is still scope for EA protection.

Your performance being marked down because you were on maternity leave is unlawful discrimination. Not putting you forward for promotion because you were on maternity leave is also unlawful discrimination. The fact you have returned to work is irrelevant. Your employer is breaking the law.

I want to understand this situ as came across a similar scenario;

So as an example there are three people due a promotion kn a year. However certain parameters neet to be met. One goes on maternity leave for a yeaf but thebother two do not.
One of the two not on maternity leave gets prokotiok as he met the targets
The one not on maternity leave keave who didn't meet the target does not get a promotion
The one on maternity leave cannot meet yhe targets as she was on maternity leave. She doesn't get promoted. Is this discrimination?

It depends on the details. In broad terms, it is unlawful discrimination if you refuse to promote someone because they were on maternity leave. Any performance review must look only at the period you were working. So, in your scenario, if the person on maternity leave was on course to meet the targets when she was not on maternity leave, it would probably be maternity discrimination if she is not promoted.

Thank you everyone. I’m going to have a chat with HR to see if anyone can help or advise there, although I don’t have a lot of hope anything will actually happen as a result.