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

4.63 Average

30 Reviews

Anonymous

Immediate response to my initial enquiry. Very clear throughout the whole process and thorough and great communication which worked really well during quite a stressful time. Chris Hadrill was extremely helpful and made me feel at ease.

Posted 5 days ago

Nick D

I received a very professional service from Chris. The advice given really helped to leave me comfortable to sign the settlement agreement following my redundancy. Would be happy to recommend your services to others.

Posted 5 days ago

Anonymous

Excellent service from initial contact to deliverables.

Posted 1 month ago

Virginia K

Yes, Chris Hadrill answered all my questions and I feel more confident with my current situation

Posted 1 month ago

Anonymous

Chris Hadrill was referred to me my a friend of mine. I found the service to be efficient, quick and like Chris's direct approach to my work. Well done and thank you Chris!

Posted 1 month ago

Andy W

Very prompt & structured service that helped put my mind at rest at a difficult time

Posted 1 month ago

Anonymous

I have found Redmans to be very helpful, diligant and thoroughly professional when dealing with them, plus they gone that extra mile for me !

Posted 1 month ago

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 2 months ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 5 months ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 5 months ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 5 months ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 5 months ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 6 months ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 6 months ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 6 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 6 months ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 6 months ago

Anonymous

Excellent work delivered with great quality

Posted 6 months ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 6 months ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 6 months ago

Anonymous

Resolved my issues

Posted 6 months ago