Pregnancy Discrimination

[davidmde7]

Hi, firstly I am new to this platform and I am actually asking the question on behalf of my other half as she even finds talking about it too distressing. I was hoping there would be someone who can back up my thoughts on this issue from a legal aspect.

My girlfriend had an extremely distressing miscarriage earlier this year. It required medical intervention and as result she had to have a short period away from work (Just over 2 weeks). Not long at all but she wanted to go back to work as she loved her job and felt it best for her grieving process.

Just over a month after she returned to work, her manager held a meeting where they extended her probation by 3 months due to the occurrences she had sick off as a result of the pregnancy and miscarriage. All sicknesses were documented with the relevant doctors notes attributing her sickness to the pregnancy and the management team was fully aware of her pregnancy, and miscarriage. This meeting was documented (we have a copy) and specifically says this extension is due to the sickness she suffered due to her pregnancy and miscarriage. Also, they said that this sickness would stay on her record for 12 months and she would have to prove herself in the future.

To top it off, she had already passed her probation as detailed in her contract of employment and presumably in turn they should not / could not have extended by a period for any reason.

Having been raised to the companies HR team, their official conclusion is that the manager was implementing the company process, was put down to a training issue and there was no intention to discriminate due to her pregnancy.

I guess my question is has anyone any insight to such a thing happening and what the outcome was, and if anyone believes this does constitute pregnancy discrimination? Thanks in advance.

Pregnancy sickness cannot be counted against you. I'd say it's definitely discrimination. Is she in a union?

maternityaction.org.uk/get-free-advice/

@dementedpixie

Not in a union no.

We are actually already going down the legal route already. This happened 2 months ago so of course there is a deadline on when you can raise such things.

So have the employer now passed the probation and admitted it was a manager's error due to lack of training and process?

I'm not quite sure what you're saying here- Have HR now confirmed she has passed probation and the manager requires training in how to manage these sorts of cases in the future?

If that is the case, does this not resolve your partner's complaint and concerns?

What 'legal route' are you taking and what do you hope to achieve by that?

@GeoffreyAndBungle That’s what my question was aimed at, the way it’s worded is that it’s been resolved in that they’ve admitted their error and taken corrective action (I.e training the manager who did the probation review)

What do you actually want to come of a legal case OP? You state in your OP your partner loves her job, so the company have taken corrective action and she can go back to work if she isn’t already. Or is this about money?

So they’ve fixed it but you still want to take action?
Why?

Having been raised to the companies HR team, their official conclusion is that the manager was implementing the company process, was put down to a training issue and there was no intention to discriminate due to her pregnancy.

What it sounds like is that they realised they've screwed up, they've blamed it on the manager being inept, and trying to sweep it all under the carpet-tiles.

And based on what you've posted, you and/or your DP are now thinking you don't believe their cock-and-bull story, they're trying to rewrite history and hoping your DP will accept their lame excuse and not take them for discrimination.

If so, you have some options:

Option 1 - you could get adversarial and slap a Discrimination claim on them via ET, with all the stress and expense that could entail (but it could swing either way, because the employer's reasonable defence could be that they tried to make amends). Or

Option 2 - your DP could take the perspective, actually their response is a positive sign, they've realised what they've done. In this case, on condition they cleanse her HR records of any detrimental comments and absences which were the consequence of the manager's "cock-up" DP is prepared to let the matter drop and can return to work, safe in the knowledge she's unlikely to have a repeat performance and they've got a 'red card'. This is the option I recommend, especially as your DP and you have suffered the emotional trauma of mc and you need emotional and financial stability at a time like this. Or

Option 3 - DP could resign and find a new job, but that's not necessary or advisable. She has done nothing wrong.

Don't put yourselves through significant stress, just because you can. Do what's right for your long term future, including your DPs career. Your DP could reasonably ask her employer what are they doing to improve their procedures across the board, so that other women do not have to undergo the trauma she has.