Financial discrimination

[BelleCurve]

I am trying to bring a legal case against a large bank/mortgage provider for discrimination - in short they refuse to provide mortgages to women on maternity leave.

I understand that this practice is quite widespread in the industry (probably more so since the credit crunch) and I wonder if anyone here has any similar experiences or examples.

It might be more effective to launch a sort of "class action" if there are lots of women in a similar position? (and I think there must be)

What makes you think that you have even the slightest chance of success? Sex discrimination? Or what?

Yes - according to the SDA 1975...

The Sex Discrimination Act 1975 requires goods, facilities and services, whether for payment or not, which are offered to the public to be provided on the same basis for both sexes.

Direct sex discrimination is less favourable treatment of a woman than a man (or vice versa) because of their sex.

Indirect sex discrimination occurs when a condition or requirement is applied equally to both women and men but, in fact, significantly fewer members of one sex would be able to comply with it and is not justifiable on objective grounds unrelated to sex.
It is unlawful for any bank, building society, or other financial organisation to refuse to provide a service, or provide it in a less favourable way, to a male or female customer because of their sex.
These services may include the provision of grants, loans, mortgages, credit or finance, as well as facilities for banking. Whatever the financial service or facility, a woman must be treated the same as a man in comparable circumstances would be treated.

"Whatever the financial service or facility, a woman must be treated the same as a man in comparable circumstances would be treated"

OK so now explain how the large bank/mortgage provider is in breach of this.

But you're not earning any money if you're on maternity leave and banks lend on the basis of earnings. Sorry if I'm missing something here

surely the banks are not refusing on the grounds of gender but of finance?

no income = bad bet for bank in any circs?

They don't usually believe you will return to work. I think this may be the problem. Also lots of women earn something while on mat leave.

Ok, I can't obviously go into my specific circumstances on here but there was no financial reason to decline the mortgage. Yes - there was an incorrect assumption that I wouldn't return to work. However, DH's income was accepted without challenge.

I agree with you BelleCurve. I think it's discrimination and you'd stand a good chance with a legal case. Good luck with finding others in a similar situation to help.