it has seen a 58% increase in the number of maternity leave queries in the last two years. What types of pregnancy and maternity discrimination claim commonly come before employment tribunals?The Citizens Advice Bureau reports that
1. Singling out pregnant employees or new mothers for redundancy.Pregnant employees or new mothers are not exempt from being selected for redundancy in a genuine redundancy situation. However, unscrupulous employers sometimes use a sham redundancy as an excuse to dismiss an employee who is pregnant or on maternity leave. This amounts to unfair dismissal and direct pregnancy and maternity discrimination. Even where there is a genuine redundancy situation, employers should remember that:
- employees on maternity leave have special rights, with priority given to them if there is suitable alternative employment available.
- if absence records are used as a redundancy selection criterion, the inclusion of maternity-related absences can result in pregnancy and maternity discrimination.