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Is this maternity discrimination?

10 replies

123blueflamingo456 · 03/07/2022 17:19

Hi everyone im not sure if my employer is being unreasonable or if i genuinly dont deserve the same pay rise as everyone else?

I am going on mat leave in 2 months and everyone is getting a rise in 1 month but me. The tricky part is that i will be on annual leave while everyones rise starts. Would this be a good enough reason fir me not to get a rise? Because ill be on annual leave?

OP posts:
midairchallenger · 03/07/2022 17:21

What reason have they given you?

Are payrises normally automatic? Do they depend on meeting performance targets?

How does it normally work?

WeAreTheHeroes · 03/07/2022 17:22

No! You get paid whether you're on holiday or not so why wouldn't you get the same pay rise as everyone else? What actual reason have you been given for not getting the pay rise?

Shmithecat2 · 03/07/2022 17:23

Have they said that's the reason - because you're on maternity leave? If so then yes, that's absolutely maternity discrimination and goes against the EA2010.

Is this maternity discrimination?
JLQ1020 · 03/07/2022 17:25

If you aren't technically even on maternity leave they have absolutely no reason to deny a pay rise.
If you are on maternity and your work doesn't offer enhanced maternity and only statutory maternity then the pay rise won't impact you but will take effect on your immediate return to work.
Either way they can't deny you a pay rise due to maternity.

seemsikeaniceday · 03/07/2022 22:09

OP contact ACAS and Pregnant then screwed pregnantthenscrewed.com.

As a pp pointed out its potential maternity description under EA 2010. There is also case law known as Alabaster www.bailii.org/ew/cases/EWCA/Civ/2005/508.html

Lou98 · 03/07/2022 22:36

Have you asked them why you're not getting it? Are wage rises normally automatic in your company that everyone gets?

SpotlessMind88 · 03/07/2022 22:45

Contact maternityaction.org.uk they give free advice and they're amazing. Really helped me out when my boss was trying to screw me over

IbizaToTheNorfolkBroads · 04/07/2022 16:58

Are papyrises performance related?

Littlegoth · 04/07/2022 17:09

Yes it’s maternity discrimination and actually it’s one of the most commonly seen issues at Tribunal.

www.moorepay.co.uk/blog/what-is-and-isnt-pregnancy-and-maternity-discrimination/

if EVERYONE is getting one it’s on them to prove that your pregnancy wasn’t the reason you were excluded. Annual leave won’t wash as that’s also a legal entitlement.

Aprilx · 05/07/2022 17:06

I am very confused as to why you think being on annual leave would mean missing out on a payrise? That doesn’t make any sense.

If you think it is to do with going on maternity leave however, that is potentially illegal due to discrimination. But do you know it for sure, nobody is entitled to a payrise, do you know that everybody else is getting one and have you been told you are not getting one because you are about to start maternity leave?

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