The last few years have seen a rise in the number of employment tribunals dealing with maternity and pregnancy cases. There are ten common situations or scenarios that lead to claims being brought against employers.

If you’re in one of these situations, then you need advice from employment lawyers like elliswhittam as soon as possible.

You’ve been singled out for redundancy due to pregnancy

Of course, pregnant employees and those on maternity leave are just as likely to be considered for redundancy as anyone else if there’s a genuine need. However, some employers use redundancy as an excuse to dismiss a pregnant or on-leave worker. This could be unfair dismissal and also direct pregnancy or maternity discrimination.

Your request for part-time or flexible working has been mishandled

Flexible work requests are frequent causes of dispute between employers and workers returning from maternity leave. Every employee is entitled to have their request considered fairly. If the employer refuses the request for no good reason, this can constitute indirect sex discrimination.

You’ve received insulting or disparaging comments about your pregnancy

If one of your colleagues or a manager has made any inappropriate comments, it could constitute harassment under the 2010 Equality Act, especially if you feel demeaned or threatened.

Your employer hasn’t performed a risk assessment

The UK’s Health and Safety legislation means that risk assessments have to be undertaken for pregnant employees and women who have just returned from maternity leave. If these assessments aren’t made, it can constitute discrimination.

You’re been penalised for pregnancy-related illnesses

If you’ve been disciplined, threatened with dismissal or actually been dismissed because of pregnancy-related illnesses, then you could have a claim for discrimination.

Your employer doesn’t keep you in the loop while you’re on maternity leave

Your employer has to involve you in workplace matters while you’re on leave. Many women can feel cut off from their jobs while they’re away, so your employer must make “reasonable contact” with you. If you feel left out, you should take advice.

You haven’t been paid properly while on leave

You still are entitled to all your contractual benefits while you’re on maternity leave, except for your remuneration. If you’re missing out on anything, like a subsidised gym membership or health insurance, then you could have grounds for discrimination.

You haven’t been allowed to return to your old job

You’re entitled to return to your old role if you’re returning to work after ordinary maternity leave (26 weeks or fewer). If you take additional maternity leave, then you can return to your old role as long as it’s still practicable. If it’s not, then a similar, equally favourable, role should be found for you.

If your employer doesn’t stick to this, then you may have a discrimination claim.

You suddenly don’t have the same opportunities as everyone else

Your employer has to ensure that you have the same career development and training opportunities as your colleagues. If you’re suddenly left out, you may be suffering discrimination.

You’re turned down for a job because of pregnancy or your plans for a family

An employer can’t decide not to recruit you just on the basis of pregnancy or your future plans for a family; they should look at your ability only.

If you feel you have a claim…

You need to raise a grievance in the first instance; you may also bring a claim under the 2010 Equality Act, in which case you’ll need legal advice. There are time limits – three months minus one day – to start a discrimination claim.