Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Pregnancy and maternity discrimination claims: helpful evidence and tips

If you’ve been treated unfairly by an employer because you’re pregnant, had a baby, or taken a period of maternity leave then you could have been discriminated against.

Pregnancy and maternity discrimination is unlawful under the Equality Act 2010. If you’ve been discriminated against you could bring a discrimination claim in the Employment Tribunal.

This page explains what evidence may be useful if you want to make a claim in the Employment Tribunal for pregnancy and maternity discrimination.

How to succeed with a pregnancy and maternity discrimination claim – key points

If you want to succeed with a claim for pregnancy and maternity discrimination you need to show that you have been treated unfavourably because:

  • You are pregnant
  • You are suffering or have suffered from a pregnancy-related illness
  • You are on maternity leave (or intend to take a period of maternity leave, or have taken a period of maternity leave)

In order to show unfavourable treatment you need to show that you have been subjected to some form of detriment – this could be, for example, that you have been denied a promotion because you are pregnant, or that you have been dismissed because you intend to take a period of maternity leave.

As well as showing that you are pregnant (or are suffering from a pregnancy-related illness, or on maternity leave, or have taken or intend to take a period of maternity leave), you have to link the unfavourable treatment that you have been subjected to and your pregnancy – you need to show that the “reason why” you have been treated the way that you have is because of your pregnancy or period of maternity leave.

Useful evidence in a claim for pregnancy and maternity discrimination

The following evidence could be useful in an Employment Tribunal claim for pregnancy and maternity discrimination:

  • A chronological breakdown of what has happened, when, and who was involved
  • A copy of your MATB1 form (showing your estimated due date), as well as evidence of when you gave this form to your employer
  • Evidence of when you first informed your employer that you were pregnant (for example diary notes, emails, and notes of meetings)
  • Evidence of any formal or informal complaints that you have made to your employer about unfair treatment (for example diary notes, emails, and notes of meetings)
  • Evidence of how you have been treated unfairly by your employer (for example diary notes, emails, statements of colleagues, and notes of meetings)
  • A copy of your employer’s equality policy, staff handbook, and maternity policy (if your employer has such documents)
  • Details of what training your employer has implemented on equality and diversity in general as well as, specifically, how to treat pregnant women in the workplace and how to deal with periods of maternity leave
  • A copy of any risk assessments that your employer has undertaken (whether because of pregnancy or otherwise)
  • Evidence of how other employees who are pregnant or have taken a period of maternity leave have been treated – you can use this to argue that your employer has a practice of treating employees who are pregnant or on maternity leave unfavourably
  • Evidence of how other employees who are not pregnant or have taken a period of maternity leave have been treated – you can use this to potentially argue that your employer has a practice of treating employees who are pregnant or on maternity leave less favourably

10 tips on what you should do if you think you are being discriminated against because of you are pregnant or on maternity leave

The following types of evidence are useful to gather if you are thinking of bringing a claim for pregnancy and maternity discrimination:

  1. Take notes of any meetings, discussions, and telephone calls which are relevant to your claims
  2. Keep a diary of incidents of unfair treatment that have occurred – what conduct occurred, when it occurred, and who was involved
  3. Make informal or informal complaints that you believe you are being treated unfairly because you are pregnant or on maternity leave
  4. Keep evidence of any complaints that you have have made about unfair treatment in the workplace, as well as the outcome of such a complaint
  5. Make recordings of meetings or discussions on your smartphone – this kind of evidence can be crucial to demonstrate exactly what was said and by whom
  6. Keep copies of emails and letters (as well as any other documents) which are relevant to your claim – if these documents are on your employer’s computers or systems then you should think about downloading copies (in case your employer removes your access to these computers or systems)
  7. Keep your medical records relevant to your pregnancy and period of maternity leave (you may need to rely on these in the claim)
  8. Obtain and/or keep evidence of any upset or psychological harm you have suffered because of the discrimination (this will be relevant to remedy (how much money you might get if you succeed with your claim))
  9. Keep evidence of any discussions that you have had with ACAS or your employer about settlement of your potential claims
  10. You could look at making a subject access request to obtain your personal data – this may provide you with useful information regarding your claim

Other useful information

If you are experiencing unfair treatment in the workplace because you are pregnant or are taking a period of maternity leave then you may find the following information helpful:

Call Redmans for a free consultation

Call us on 020 3397 3603 to speak to a specialist employment solicitor – we offer a free 20-minute consultation.

You may also be interested in this: An employee’s guide to pregnancy and maternity discrimination in the workplace.

Equality and Human Rights Commission (EHRC)

You can find useful information on discrimination, and the law on discrimination, on the EHRC website.

ACAS

ACAS helps employers and employees to resolve workplace disputes.

Call Redmans today to discuss your employment law matter

Call Redmans on 020 3397 3603 or email us at enquiries@redmans.co.uk to discuss your employment law matter.

Alternatively, you can call Chris Hadrill, the partner responsible for the employment department, on 020 3397 3601 or email him at chadrill@redmans.co.uk.

Call us

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

117 Reviews

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 days ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 5 days ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 5 days ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 5 days ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 5 days ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 5 days ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 2 weeks ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 3 weeks ago

Tim O

Experienced and competent advisors

Posted 3 weeks ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 3 weeks ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 3 weeks ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 4 weeks ago

Anonymous

Good service

Posted 4 weeks ago

Anonymous

Excellent professional service. Highly recommend.

Posted 4 weeks ago

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 month ago

Mike H

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

Posted 1 month ago

Anonymous

Fantastic and quick service!

Posted 1 month 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 month ago

Eugene A

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

Posted 1 month ago

Harold d

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

Posted 1 month ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 1 month ago