For further information or advice in relation to dealing with policies regarding pregnant employees, or those on or returning from maternity leave, please contact our employment law specialists on 01332 226 155 or fill in the form below.
Unfortunately, discrimination towards pregnant women, women on maternity leave or women who have returned from maternity leave, is still prevalent in the workplace. Recent research from the charity, Pregnant Then Screwed, revealed that over half of all mothers have faced some discrimination when pregnant, on maternity leave or when they returned. It also stated that one in five mothers left their job following a negative or discriminatory experience.
30 August 2023
Case Study
In this case, Messum v Bradford Management Services (Bradford), the discrimination of Mrs Messum whilst pregnant and on return from maternity leave resulted in significant compensation.
In Messum v Bradford Management Services, Mrs Messum, a qualified and respected member of the HR team, saw a change in her regular duties after announcing her pregnancy. The change saw duties involving heavy lifting introduced. Mrs Messum’s manager also began to question her performance for the first time. After being signed off sick with stress and pregnancy related fatigue, Mrs Messum’s employer failed to pay her sick pay.
The maltreatment continued. Shortly after, Mrs Messum was called to an investigation meeting, with no detail of the meeting provided. When she submitted a sick note to inform her employer that she was not well enough to attend, her employer kickstarted her maternity leave early.
Just eight weeks after giving birth, Mrs Messum’s employer once again called an investigatory meeting, with a threat that disciplinary action would follow if she did not attend. When Mrs Messum informed Bradford that – given her full commitment to the care of her child – she was unable to attend, they suggested that the meeting take place in her home. She was subsequently issued with a warning for a false allegation of stealing food, without recourse to a disciplinary process.
On her return to work, rather than assuming her previous HR role, Mrs Messum was assigned unrelated tasks such as housekeeping duties, including cleaning toilets. She eventually resigned, claiming pregnancy/maternity discrimination, harassment and unfair (constructive) dismissal.
Case Study
Mrs Messum succeeded in each of these claims, with the tribunal awarding £18,000 for injury to feelings, plus a 25% uplift for failure to adhere to ACAS procedures. Her total compensation exceeded £32,000.
The Court of Appeal has provided important guidance on the enforceability of training repayment clauses in employment contracts.
Read More
The Employment Appeal Tribunal has clarified when employers may be deemed to have knowledge of an employee's disability.
Read More
Download our probationary period resource pack to help prepare for the Employment Rights Act changes from January 2027.
Read More
An employer's failure to involve an employee in an investigation led to findings of disability discrimination and compensation.
Read More
The EAT highlights the limits of protected conversations and the risks employers face when discussions are handled incorrectly.
Read More
Employer ordered to pay over £264,000 after a reference referring to an ongoing dispute was found to amount to victimisation.
Read More
Download expert guidance on UK trade union reforms and prepare your organisation for Employment Rights Act changes.
Read More
EAT confirms endometriosis can be a disability and examines reasonable adjustments, dismissal risks and performance management issues for employers.
Read More
EAT confirms withdrawing a conditional job offer can breach contract with employers understanding when an offer is binding and notice applies.
Read More
EAT confirms leaving transferred staff on inferior terms can amount to indirect discrimination, even under TUPE.
Read More
EAT confirms dismissal must be based on the employer’s actual reason, not a substitute. Incorrect reasoning can make dismissal unfair.
Read More
EAT finds dismissal unfair in Milrine v DHL (2026). Key lessons for employers on appeal processes and reducing tribunal risk.
Read More