Pregnancy Discrimination Maternity Discrimination

confuseddotcodotuk

I would like to share my experience about pregnancy discrimination at work. I want to encourage any women at work who experienced any unfair treatment related to the pregnancy and maternity should put the issue forward to their employer or ultimately to the Employment Tribunal.

I was employed as a manager level role. XX was an international electic energy company which had finances and resources to put you down when there was a dispute. They told the employee and the public how much they cared about the employees and how well they supported the pregnant employees. I am sorry to say that it is not the case from my experience.

Since I discussed my pregnancy with the employer’s nurse, the poor comments from my boss were started. I was eventually dismissed by my boss due to alleged poor performance. I appealed the decision. At the end, I was told to dismiss immediately without giving me any reason at my last working day before my requested maternity leave start day.

Prior to this immediate dismissal, I had already been treated differently and unfairly in comparison with other pregnant employees.

The employer deleted my formal maternity notification in the HR logging system. They denied but could not show the originated notification to me. The employer was reckless and did not investigate what actually caused notification disappeared. It was crucial to me as maternity notification must be given before/ within the Qualifying Week otherwise I could not get maternity pay and leave.

I kept chasing up the confirmation of my maternity leave arrangement with the Employer because the requested maternity leave would be starting shortly. I could not just leave the job.  The employer must confirm my maternity leave start and end date within 28 days since my maternity leave notification in accordance with the employer’s maternity policy and the UK government Maternity Pay and Leave Guideline. However, the employer not just failed to provide confirmation within 28 days but also never confirmed the maternity leave arrangement with me. And finally, on the last working day before my requested maternity leave start, the employer suddenly dismissed me.

Due to immediate dismissal, the employer provided PILON (salary only) however my usual entitled contractual benefits during my maternity leave were unlawfully taken away. The employer caused me lost my pension and accrued unused holidays etc., £2,800.

These unfair treatments related to my pregnancy and maternity from employer caused me a substantial distress. I cried and could not sleep as I strongly felt that I was pregnancy discriminated at work. I was worried that these would affect my pregnancy and had to seek the further medical assistances from the midwife and GP.

After several attempt to resolve the issues with the employer, they still refused to pay the owed payment and denied the unfair treatments related to my matetnity. Submitting a claim to the Employment Tribunal then became my ultimate chance. I was struggle as it was not an easy path. I would be litigant in person and have to face the lawyer representing the employer. After a serious evaluation, I finally took courage to submit a claim to the Employment Tribunal in 2020 for the maternity discrimination and owed payment.

After the preliminary hearing, the judge ordered the Claimant and the Respondent to have an ADR hearing prior to the final hearing. The solicitor then sent a cost warning letter to me. That letter did not offer any money and just threatened me about paying the employer’s legal cost if I did not withdraw the claim. Apparently, this employer had no intention to pay the owed payment and compensation.  (Also, if the claim is not absurd, it would be a rare case that the Judge would order the Claimant to pay the Respondent’s legal cost.)

Because of the ADR hearing and the Employment Tribunal Judge assistance, the Respondent was finally stressed to settle the claim. At the ADR hearing, the employer initally agreed to pay the owed few thousands pounds. Then after several negotiations, the maximum sum agreed to pay was £5500 to settle the whole claim, which was £30k less than the expected awards.

Whether I should settle the claim, I am still in consideration. It is not about the money but I feel uncomfortable about the agreement drafted by the Respondent. The agreement was just to restrict you and protected the employer. Also, the solicitor refused to compromise any reasonable amendments with me. I felt that i was a beggar and forced to accept every clauses or get nothing.

Takeaway_Addict

Sounds like they are settling to move on, not because they are admitting liability.

Sncjw

I think they want to pay you the least they can if they have offered you it surely that's admitting it. 

unforeseen

Not really, they are just trying to get the cheapest outcome. Liability doesn't come into it.

Get claimant to take £5k rather than run up a £10k legal bill regardless of outcome. 

Brie

I'm not in a position to provide any advice or suggestions but do want to wish you luck.

oh_really

confuseddotcodotuk said:

Also, the solicitor refused to compromise any reasonable amendments with me. I felt that i was a beggar and forced to accept every clauses or get nothing.

What items in the agreement do you want removed?

It was previously suggested to you that you get a mentor, how did that work out?

Undervalued

confuseddotcodotuk said:

I would like to share my experience about pregnancy discrimination at work. I want to encourage any women at work who experienced any unfair treatment related to the pregnancy and maternity should put the issue forward to their employer or ultimately to the Employment Tribunal.

I was employed as a manager level role. XX was an international electic energy company which had finances and resources to put you down when there was a dispute. They told the employee and the public how much they cared about the employees and how well they supported the pregnant employees. I am sorry to say that it is not the case from my experience.

Since I discussed my pregnancy with the employer’s nurse, the poor comments from my boss were started. I was eventually dismissed by my boss due to alleged poor performance. I appealed the decision. At the end, I was told to dismiss immediately without giving me any reason at my last working day before my requested maternity leave start day.

Prior to this immediate dismissal, I had already been treated differently and unfairly in comparison with other pregnant employees.

The employer deleted my formal maternity notification in the HR logging system. They denied but could not show the originated notification to me. The employer was reckless and did not investigate what actually caused notification disappeared. It was crucial to me as maternity notification must be given before/ within the Qualifying Week otherwise I could not get maternity pay and leave.

I kept chasing up the confirmation of my maternity leave arrangement with the Employer because the requested maternity leave would be starting shortly. I could not just leave the job.  The employer must confirm my maternity leave start and end date within 28 days since my maternity leave notification in accordance with the employer’s maternity policy and the UK government Maternity Pay and Leave Guideline. However, the employer not just failed to provide confirmation within 28 days but also never confirmed the maternity leave arrangement with me. And finally, on the last working day before my requested maternity leave start, the employer suddenly dismissed me.

Due to immediate dismissal, the employer provided PILON (salary only) however my usual entitled contractual benefits during my maternity leave were unlawfully taken away. The employer caused me lost my pension and accrued unused holidays etc., £2,800.

These unfair treatments related to my pregnancy and maternity from employer caused me a substantial distress. I cried and could not sleep as I strongly felt that I was pregnancy discriminated at work. I was worried that these would affect my pregnancy and had to seek the further medical assistances from the midwife and GP.

After several attempt to resolve the issues with the employer, they still refused to pay the owed payment and denied the unfair treatments related to my matetnity. Submitting a claim to the Employment Tribunal then became my ultimate chance. I was struggle as it was not an easy path. I would be litigant in person and have to face the lawyer representing the employer. After a serious evaluation, I finally took courage to submit a claim to the Employment Tribunal in 2020 for the maternity discrimination and owed payment.

After the preliminary hearing, the judge ordered the Claimant and the Respondent to have an ADR hearing prior to the final hearing. The solicitor then sent a cost warning letter to me. That letter did not offer any money and just threatened me about paying the employer’s legal cost if I did not withdraw the claim. Apparently, this employer had no intention to pay the owed payment and compensation.  (Also, if the claim is not absurd, it would be a rare case that the Judge would order the Claimant to pay the Respondent’s legal cost.)

Because of the ADR hearing and the Employment Tribunal Judge assistance, the Respondent was finally stressed to settle the claim. At the ADR hearing, the employer initally agreed to pay the owed few thousands pounds. Then after several negotiations, the maximum sum agreed to pay was £5500 to settle the whole claim, which was £30k less than the expected awards.

Whether I should settle the claim, I am still in consideration. It is not about the money but I feel uncomfortable about the agreement drafted by the Respondent. The agreement was just to restrict you and protected the employer. Also, the solicitor refused to compromise any reasonable amendments with me. I felt that i was a beggar and forced to accept every clauses or get nothing.

I am sorry to be blunt but all this shows is the difficulty of "going it alone" against a professionally represented employer who is willing to run up a significant legal bill (which as you say they are unlikely to get back) rather than cave in to your demands.

I don't know what professional advice you have had as the the legal merits of your claim. Plus, assuming it has some merit, what sort of award a tribunal would make if it "went the distance". Generally it is less than than most claimants' imagine. You talk of "expected awards" - expected by who?

No disrespect, but it is incredibly difficult to assess the strength and possible value of a claim yourself.

So, there is £5.5K on the table. Stick it out and you might get more or you could walk away with nothing or, possibly, a big bill.

Finally, regarding your last line which Oh_Really has highlighted, what advice have you had that the admendments you want are "reasonable" in a legal sense?

wilfred30

confuseddotcodotuk said:

Whether I should settle the claim, I am still in consideration. It is not about the money but I feel uncomfortable about the agreement drafted by the Respondent. The agreement was just to restrict you and protected the employer. Also, the solicitor refused to compromise any reasonable amendments with me. I felt that i was a beggar and forced to accept every clauses or get nothing.

Those two statements appear to be somewhat contradictory!

TBagpuss

Have you taken advice from a lawyer about the proposed settlement? 
There are fairly standard precedents for a lot of these things so the terms may be perfectly normal, standard ones.

as others have said, it sounds as though they may be making an offer because it is cheaper and easier than fighting the claim - it doesn't mean that they accept liability or that they won't fight if it goes forward to the tribunal.