Maternity Discrimination and pregnancy

Shared Parental Leave – Latest Statistics

A survey by CIPD has found that just 5% of fathers and 8% of mothers have opted to take shared parental leave since it was introduced 18 months ago.  We previously discussed why take up was so low and this survey added it may also be because free childcare is only applicable to children aged 3 and […]

Dutton v The Governing Body of Woodslee Primary School & Anor – Can a provision, criterion or policy (PCP), that prevents staff from working part time, indirectly discriminate against women?

Hello and welcome back to our case law update. We apologise for the lack of cases over the last fortnight, unfortunately supply of judgments has not kept up with eager demand. Last time, we looked at sex discrimination and this week, due to a lack of new judgments, we will also be looking at sex […]

Nicholson v Hazel House Nursing Home Ltd – A guide to constructive dismissal and maternity discrimination

Hello and welcome back to your weekly case law update. Last week we examined the role of the ACAS Code of Practice in ill-health dismissals. This week we will be looking at constructive dismissal and maternity discrimination. The facts of this case mean it is essentially a beginner’s guide to constructive dismissal and maternity discrimination issues. Today’s questions: Can reducing […]

Current Issues – Maternity Discrimination

A recent government report suggests that up to 390,000 pregnant women experience negative and possibly discriminatory treatment during pregnancy and maternity leave, or on their return. Many mums surveyed said that maternity leave negatively impacted on their career and the report estimates that 54,000 women are forced out of work each year due to the issue. Over […]

Sefton Borough Council v Wainwright – Redundancy pooling whilst on maternity leave

A re-structuring took place whilst Mrs Wainwright (Mrs W) was off on maternity leave. Two posts were being reduced down to one. Mrs W’s role was being amalgamated with a similarly graded post held by a Mr Pierce. Both Mr Pierce and Mrs W were invited to apply for the new position. Both Mrs W […]

Pregnancy related discrimination

The EAT case of Queen Victoria Seamen’s Rest Ltd v Mrs D Ward highlights the ongoing difficulty Tribunals encounter in determining causation in discrimination cases.  As Lord Nicholls observed back in 2001, causation is ‘a slippery word’.   This case also serves as a useful reminder of the general position. QVSR employed Mrs Ward as an Operations Manager.  She became pregnant […]