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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

    4.80 Average

    346 Reviews

    Anonymous

    I dealt with Chris Hadrill who was very knowledgeable and professional. To provide some context, I raised a grievance with my Employer and with the help of Redmans received a settlement offer. I have secured alternative employment and would recommend Redmans overall. I was very satisfied with the service I received and would rate it as 5 star.

    Posted 7 hours ago

    Danielle T

    I contacted Redmans in regards to a situation I needed dealing with with my employer. This was resolved within a week of initial contact and I couldn’t be happier. Both Chris and Sacha were brilliant and couldn’t have been more helpful! Thanks guys!

    Posted 1 day ago

    Anonymous

    Quick proccessing of my Redundancy agreement.

    Posted 4 days ago

    Anonymous

    Fantastic support during a difficult time! Chris was fantastic, from the first conversation all the way through a difficult process. Chris supported me with a settlement agreement and his counsel was invaluable. The company I worked for tried to suggest some solicitors that they knew would simply rush through an agreement. Thankfully I found Chris and the Redmans team, what a relief! They fought for me and allowed me to keep my focus on the next stage in my career journey. If I go through anything similar in the future Redmans will be my first point of call!

    Posted 5 days ago

    Anonymous

    Quick responses to all inquiries. Supportive and provided top-notch service. Extremely pleased with the outcome and would recommend to anyone in need of legal advise.

    Posted 6 days ago

    Ben H

    Good, quick and informative service.

    Posted 1 week ago

    Edward W

    I liked Mel Chin's approach to my inctruction. She provided clear advice and explained things in a manner that I understand. I rated her service 5 out of 5.

    Posted 1 week ago

    James B

    Great and prompt service- would recommend and use again!

    Posted 1 week ago

    Emma L

    Excellent service. From start the team where efficient and helpful, the whole process was made easy on a very stressful and upsetting situation. They worked well to support my situation and negotiate. Would highly recommend. Thank you to Chris, Sacha and the team.

    Posted 1 week ago

    Brian H

    I must say, not seeing any of you and doing all on-line works very well. Very pleased with the service and would recommend you. Fantastic service. Many thanks Brian Haines

    Posted 1 week ago

    Sheenu A

    Professionals with excellent quality of work.

    Posted 2 weeks ago

    Maris T

    I recommend Redman's Solicitors. Chris was very helpful and informative. He provided a speedy and efficient service at a reasonable price.

    Posted 3 weeks ago

    Anonymous

    quick response, friendly staff, my issue was smoothly done. superb

    Posted 4 weeks ago

    Anonymous

    Overall I was very satisfied with the service I received. Right from making initial contact to being contacted by Chris Hadrill. He was easy to talk to, friendly and professional and gave sound advice. I would certainly use Redman's again. Thank you for all your help, Chris. I would rate my experience as 5 star.

    Posted 1 month ago

    Jane K

    4 stars for quality of advise. the team are good but it feels rushed sometimes and hard to contact.

    Posted 1 month ago

    Arabella B

    I am so grateful to Caroline Lewis at Redmans Solicitor’s for helping me with my Unfair Dismissal Case. I was seriously impressed how easy Redmans made the whole case, and am very happy with my Settlement. I have recommended your firm to at least 5 people in the last 3 months.. Thank you Caroline and everyone at Redmans. You are Brilliant .

    Posted 1 month ago

    Anonymous

    Highly professional and efficient service.

    Posted 1 month ago

    Tanya T

    I had the pleasure of Chris and Sacha’s experience with a work matter. They made me feel at ease with the process and explained everything thoroughly. Would happily recommend Redmans especially Chris and use them if needed I’m the future. Thank you!

    Posted 1 month ago

    Anonymous

    I used the services of Redmans solicitors and was a quick outstanding service I engaged them in a settlement agreement after been made redundant extremely professional at all that was done and would definetly use them again

    Posted 1 month ago

    Adrian A

    Spot on support, enough to get the matter at hand sorted. No beating around the bush, no nonsense - got the job done and we all moved on.

    Posted 1 month ago

    Mark Q

    Five Stars I was most impressed by the attention, courtesy, speed and above all, professionalism in dealing with my Settlement Agreement. I would certainly have no problem in recommending this firm to anyone in need of their services.

    Posted 1 month ago