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redmans-blog-casesSummary

How Chris Hadrill successfully represented a client in her claim for pregnancy and maternity discrimination in the Employment Tribunal on a ‘no win no fee’ basis and secured a settlement of £37,500.

The situation

Anna started work at a computer games company (“the Company”) in January 2013 and went on her first period of maternity leave in May 2015, returning to work in June 2016. Her maternity leave was paid on an enhanced basis, effectively meaning that she received six months’ full salary for her period of maternity leave (as well as her full complement of statutory maternity leave).

In September 2016 Anna discovered that she was pregnant and informed the Company of this fact; she said that she intended to go on maternity leave in February 2017. After she informed the Company of her pregnancy the owner of the Company (“AB”) started to make comments to her about the fact that she was due to take another long period of maternity leave on full pay, and started to become aggressive with Anna over minor issues.

In November 2016 the Company informed Anna that it was undertaking a redundancy exercise and that she might be dismissed from her employment as a result; she was then informed later in the month that she had been selected for redundancy (subsequent disclosure of documents relevant to the Employment Tribunal claim showed that Anna’s selection for redundancy had been pre-determined (i.e. that she had been chosen for redundancy before the process had started)). In December 2016 AB informed Anna that she was being dismissed for gross misconduct on the basis that she had allegedly tried to defraud the Company (allegations which Anna denied). Anna appealed her dismissal but AB refused to hear her appeal.

As a result of her dismissal Anna suffered from stress and depression. She was unable to get a job after she was dismissed and suffered a considerable loss of earnings as a result.

The law relating to pregnancy and maternity discrimination

Under the Equality Act 2010, employees can make a claim to the Employment Tribunal if they believe that they have been discriminated against or victimized because of their pregnancy or because they have taken, are taking or intend to take maternity leave (or, indeed, any other ‘protected characteristic’ (see this article for an explanation of what a ‘protected characteristic’ is). Potential claims include the following:

  • Section 13 Equality Act 2010 – to make a claim to the Employment Tribunal for direct pregnancy and maternity discrimination if they believe that they have been treated less favourably because they are pregnant or because they have taken, are taking or intend to take maternity leave (this would normally be a direct sex discrimination claim)
  • Section 18 Equality Act 2010 – to make a claim to the Employment Tribunal for pregnancy and maternity discrimination if they believe that they have been subjected to unfavourable treatment because they are pregnant or because they have taken, are taking or intend to take maternity leave (“pregnancy and maternity discrimination”)
  • Section 27 Equality Act 2010 – to make a claim to the Employment Tribunal for victimization if they believe that they have been subjected to a detriment because they have, for example, threatened to make a claim for pregnancy and maternity discrimination in the Employment Tribunal

Click on this link for a guide to pregnancy and maternity discrimination in the workplace

What we did

Chris Hadrill, a specialist employment solicitor at Redmans, represented Anna on a ‘no win no fee’ basis in her Employment Tribunal claim against her former employer, advising her to bring claims for pregnancy and maternity discrimination, victimisation, and unfair dismissal. Chris also advised Anna to seek compensation for loss of earnings, injury to feelings, aggravated damages, and personal injury.

Chris dealt with the procedure of the claim and represented Anna throughout the claim, dealing with the Employment Tribunal and negotiating the matter directly with the solicitors that the Company instructed it to help it defend the claim.

The result

The Company made a number of offers of settlement as the case proceeded, starting with an offer of £2,000, rising to £20,000, and then an offer of £37,500 eight weeks before Anna’s full merits hearing was due to commence at the Employment Tribunal. Settlement agreement terms were then agreed, under which Anna would receive the agreed sum of money and a reference (as well as the usual confidentiality and non-derogatory clauses).

Chris Hadrill, the employment solicitor who represented Anna in her matter, made the following comment on the case: “It was a pleasure to represent the client in this matter, and we were delighted with the outcome – employers must ensure that they treat pregnant employees fairly and they must not subject employees to detriments because they are pregnant or intend to exercise their legal right to maternity leave.”

Please note that all of the names used for clients and third parties in this article and all other articles are anonymised (unless expressly stated otherwise) to protect client confidentiality and in order to avoid breaching confidentiality clauses (if relevant)

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.76 Average

103 Reviews

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 1 day ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 1 day ago

Anonymous

Fantastic and quick service!

Posted 1 day ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 1 day ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 1 day ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 1 day ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 2 days ago

Omi H

Excellent communication. A tactical negotiator to get the best package for the client. Highly recommended.

Posted 2 days ago

Nicholas S

Very prompt and efficient. Excellent advice.

Posted 2 days ago

Anonymous

Very helpful and always available to help! It was my first time to deal with any solicitors, but I felt very supported until the end!! Well done!! and great Job!!

Posted 1 week ago

Mohamed F

Excellent and professional solicitors, highly recommended

Posted 4 weeks ago

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 1 month ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 1 month ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 1 month ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 month ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 month ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 month ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 month ago

Yulian Z

Great service

Posted 1 month ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 month ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 month ago