I was delighted to help my client receive a fair settlement after suffering discrimination because of her maternity leave. Read on to learn more.
My Client’s Story
My client commenced her maternity leave at the end of last year and shortly before starting her maternity leave, her employer announced that her role had been made redundant. There was no redundancy procedure followed and my client was simply told she would remain an ‘at risk’ employee, whilst on maternity leave. The situation would be reviewed when she returned.
In this spring of this year, my client contacted her employer and asked what her role would be when she returned to work in the autumn. Shockingly, it took her employer two months to respond and when they did, they explained a new position had become available which would be suitable for her. There was no other information given to my client and it took a further two months to receive more information.
In August, my client was informed of a role they were prepared to offer her. The role was similar, and it was confirmed she could work the same hours. It was also agreed she could work one day a week from home, as she had been doing before her maternity leave commenced.
However, a couple of days later my client was told she could no longer work one day a week from home. Her employer would not explain why there was a sudden refusal. In the coming weeks, my client raised a Formal Grievance and in response she was offered a Settlement Agreement.
How I Helped My Client
I met with my client to discuss the terms of her employment and the Settlement Agreement she had received. During our meeting, I also learnt that whilst on maternity leave her employer had failed to make any pension contributions as well as having failed to inform her of any other vacancies whilst on maternity leave.
During our appointment, I advised that she had claims under the Maternity and Parental Leave Regulations 1999, The Equality Act 2010 together with a potential Automatic/Straightforward Unfair Dismissal claim. I calculated the potential compensation these claims may award her at an Employment Tribunal, and it was my view the Termination Payments offered as part of her Settlement Agreement were insufficient.
Whilst my client was ready to leave her employment, she did instruct me to renegotiate on her behalf. Tactically, I also advised my client to continue pursuing her Formal Grievance and raise Early Conciliation with ACAS to show her employer her intention of pursuing her claims in the Employment Tribunal. In the meantime, I engaged in without prejudice communication on her behalf.
I was delighted to increase her Termination Payments by six times as much after a short period of negotiations.
Lincs Law Solicitors Can Help You
If you are due to return to work following maternity leave and you are concerned your employer is discriminating against you, please contact us for a free no obligation consultation with a fully qualified Employment Solicitor. You can contact us on 01522 440512 or by emailing contactus@lincslaw.com.
Alternatively, if you would like further information on your rights, I have recently written a blog on pregnancy and maternity discrimination which may help you; Pregnancy & Maternity: Know Your Legal Rights – LincsLaw Employment Law Solicitors
Lucy Stones
Employment Solicitor
Lincs Law Solicitors
Tags: breach of maternity regulations compensation lucy stones maternity discrimination pregnancy discrimination settlement agreement
