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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

    4.78 Average

    262 Reviews

    Anonymous

    I found the advice I was given by Redmans Solicitors to be clear and useful and found the solicitor on my case to be both knowledgeable and approachable.

    Posted 2 days ago

    Karen T

    Great service. Thank you.

    Posted 4 days ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 5 days ago

    Shanine M

    Excellent service, thank you so much!

    Posted 6 days ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 6 days ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 1 week ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 1 week ago

    Anonymous

    Great job done on my employment law

    Posted 1 week ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 1 week ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 1 week ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 1 week ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 2 weeks ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 2 weeks ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 2 weeks ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 2 weeks ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 2 weeks ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 2 weeks ago

    Anonymous

    They dealt with my case professional and swiftly. The advise was helpful and enabled me to make the right decisions in my case.

    Posted 2 weeks ago

    Anonymous

    I have received a great legal advice from Redmans on a very short notice. I’d highly recommend them.

    Posted 2 weeks ago

    Michael D

    Excellent, efficient advice - the whole matter was concluded with minimum fuss and an excellent outcome.

    Posted 2 weeks ago