Pregnancy ‘played a part’ in the redundancy decision

Every expecting mother in the UK is legally entitled to maternity leave. If this right is breached by an employer, you may have a claim for pregnancy discrimination. This was the case for Miss Yasin whose pregnancy played a part in her employer's decision to make her redundant. 

Case: Farzana Yasin -v- Swift Lawyers

Having been pregnant twice already, Miss Yasin had already taken 2 bouts of maternity leave, which combined lasted over two years. Not long after returning to work she became pregnant with her third child and asked for arrangements to be made for another period of maternity leave. The decision to dismiss her on the grounds of redundancy came about just two months later. 

The Employment Tribunal found that redundancy was the principal reason for dismissal since her line of work was being discontinued in the company. Her claim for pregnancy discrimination was upheld on the grounds that evidence inferred that she would have been treated differently during the redundancy process if she had not been pregnant.

Commentary

Maternity leave is a right, not a privilege. Employers should make every effort to make arrangements for pregnant women to have time off before and after they give birth. This entitlement cannot and should not be infringed. 

If your rights to maternity have been breached, then you may be able to bring a claim in the Employment Tribunal or seek fair compensation from your employer. If you have experienced discrimination that you believe is related to your pregnancy Magara Law is here to help. 

Call the specialist employment lawyer  

Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk