Nationwide Employment Lawyers
Legal enquiries and clients : 0333 242 3851
Get in Touch
Service Rating: Damian McCarthy 5 starts - Service Rate
  • About Us
    • Contact
    • Howell John
    • Damian McCarthy
    • Simon Armstrong
    • Case Studies
    • Employment Law News
  • Employee Services
    • Questionnaire
    • Contact
    • Locations
    • Dismissal
    • Whistleblowing Law
    • Discrimination
      • Sex discrimination
        • Maternity rights in employment
        • Pregnancy or maternity discrimination
        • Returning to work and flexible working
        • Health and safety for pregnant women in the workplace
        • Sexual Harassment
      • Disability discrimination
      • Race discrimination
    • Equal Pay
    • Bullying and Harassment
    • Family Friendly Rights
    • Disciplinary and grievance hearings
    • Contracts
    • Transfer of Undertakings
    • Agency workers and part time workers
    • Privacy at work
    • Constructive dismissal
    • Resignation letter templates
      • Constructive dismissal letter template
      • Standard notice resignation letter template:
      • Short or long notice request template
    • Health and Safety at Work
  • Locations
    • London – Berkeley Square
    • London – Canary Wharf
    • London – Croydon
    • London – Hammersmith
    • London – High Holborn
    • London – King’s Cross
    • London – Liverpool Street
    • London – London Bridge
    • London – Richmond
  • Case Studies
    • A v PWC
    • P v S (confidential)
    • Moira Stuart quits, reigniting BBC ageism row
    • Married HBOS bank manager propositioned by colleagues
  • News
  • FAQ
  • Contact



Pregnant Marketing Director Wins Discrimination Claim

Mrs Shipp, who was a Marketing Director at CitySprint, was awarded £30,000 by the Employment Tribunal after winning her maternity and sex discrimination claim. 

 

During her pregnancy, Mrs Shipp’s male colleagues made a number of unwanted comments that generated a humiliating and degrading environment for her, such as; questions about whether her pregnancy was planned and jokes about how much weight she would gain during her pregnancy. 

 

When Mrs Shipp went on maternity leave in June 2019, CitySprint decided to restructure and redundancies were made. This, along with colleagues resigning, resulted in Mrs Shipp being the only remaining member of the group executive team. Whilst these huge changes were taking place, CitySprint failed to inform Mrs Shipp as she was on maternity leave. 

 

After being told via email that she was being laid off, Mrs Shipp raised a grievance in December 2019 but it was dismissed. Following this, she wrote to her commercial director in March 2020 expressing her aggravation that she has been put under immense stress and anxiety during her maternity leave. 

 

Then, in September 2020, Mrs Shipp was sacked after refusing to do her old Marketing Director role for a much lower salary and under a lesser title. It was later revealed that other male co-workers who also changed job roles did not receive a pay cut and this contributed towards the Employment Tribunal’s ruling that Mrs Shipp’s dismissal was unfair and the awarding compensation for ‘injury to feelings’ for maternity and sex discrimination.

 

What should employees know about maternity discrimination?

 

Whilst the majority of employees are aware that gender is a ‘Protected Characteristic’ under The Equality Act 2010 (The EA) and if they are treated less favourably because of their gender then they can make a sex discrimination claim, many do not realise that pregnancy and maternity are also Protected Characteristics. 

 

Pregnancy or maternity discrimination is a specific type of discrimination, which is made unlawful by The EA and it is separate and distinct from sex discrimination. The start of a woman’s pregnancy to the end of their maternity leave is referred to as the ‘protected period’ and during this time, Section 18 of The EA makes any unfavourable treatment direct discrimination. It is worthwhile noting that under Section 13 of The EA, there will be sex discrimination where a woman is treated less favourably for breastfeeding too. 

 

The case above is a clear example of how women can win sex and maternity discrimination claims when they are taken to the Employment Tribunal, and if you have experienced discriminatory behaviour, you should not hesitate to make a claim. It is worth noting that the timing for this type of discrimination claim is important though and usually you will be required to make a claim within three months less one day of the discriminatory behaviour or conduct.

 

When making a pregnancy or maternity discrimination claim, you need to establish ‘clear facts’ that can be used by an Employment Tribunal to conclude that discrimination has taken place. It is then down to your employer to justify the course of action and give a good reason for the action that is not motivated by pregnancy or maternity. Should they be unable to supply this justification, the Tribunal will conclude discrimination and you will win your case. 

 

Getting assistance with a maternity discrimination claim 

 

Understandably, there is a lot to get your head around relating to sex discrimination claims, let alone pregnancy and maternity discrimination claims, so it is always beneficial to turn to an employment law specialist for some tailored legal advice. They will be able to help you establish whether you can bring a claim to the Employment Tribunal and, if you can, they will be able to assist you throughout all legal proceedings. 

 

If you would like to speak to someone about your experience of sex discrimination or maternity discrimination, please do not hesitate to contact us here at Nationwide Employment Lawyers. We will gladly provide you with the initial advice you need and should you wish to make a claim, we will support you from start to finish. We pride ourselves on making employment law issues less stressful for our clients and we have a superb record in representing our clients and helping them achieve the best possible result. You can trust that you will be in experienced hands with our team of experts, so get in touch today to discuss discrimination in much more detail.




Social Share
  • google-share

Our specialist areas of law

  • Employment Tribunals
    • Employment Tribunals London
  • Dismissal
    • Unfair Dismissal
    • Constructive Dismissal & Resignation Advice
    • Compromise agreements
    • Executive Dismissal
    • Whistleblowing Law
    • Redundancy claims
    • Age Discrimination & Redundancy – Protection for all Ages In Redundancy
    • Collective redundancy
  • Whistleblowing
    • Whistleblowing Law
  • Discrimination (overview)
    • Discrimination at work – overview
  • –– Sex Discrimination
    • Maternity rights in employment
    • Pregnancy or maternity discrimination
    • Returning to work and flexible working
    • Health and safety issues for pregnant women in the workplace
  • –– Disability discrimination
    • Disability discrimination
  • –– Race discrimination
    • Race discrimination
  • –– Age discrimination
    • Age discrimination in recruitment and selection
    • Age discrimination – your rights at retirement
    • Age discrimination and redundancy – protection for all ages in redundancy
    • Age discrimination and pensions
    • Age discrimination and benefits
  • –– Sexual-orientation discrimination
    • Sexual-orientation discrimination in goods and services
  • –– Religious discrimination
    • Religious discrimination
  • –– Gender reassignment discrimination
    • Gender reassignment discrimination
  • Equal pay
    • Equal pay
  • Bullying and Harassment
    • Bullying and harrasment at work
  • Family-friendly rights
    • Family leave
    • Maternity rights in employment
    • Pregnancy and maternity discrimination
    • Return to work and flexible working
    • Health and safety for pregnant women in the workplace
    • Paternity rights
    • Maternity
    • Part-time workers
  • Disciplinary and Grievance Hearings
    • Disciplinary Hearings & Procedures
    • Grievance procedures
  • Contracts
    • Bonus disputes and discrimination
    • Bonus disputes
    • Bonus discrimination & The Risks Associated With It
    • Contract disputes and permanent health insurance
    • Employment contract disputes – restrictive covenants
  • Transfer of Undertakings
    • Transfer of undertakings (TUPE)
  • Agency Workers and Part Time Workers
    • Agency workers
    • Part-time workers
  • Privacy at Work
    • Privacy at work
  • Letter Templates
    • Constructive dismissal letter template
    • Standard notice resignation letter template:
    • Short or long notice request template

Join our Newsletter!

Twitter

Damian McCarthy
  • I worked with Martin a few years ago on a lengthy case. Always seemed a man of integrity. https://t.co/CwTnxNq5QZ 08:49:06 PM May 19, 2023 from Twitter for iPhone ReplyRetweetFavorite
  • @NationCymru When I was a kid 1970’s - ‘80s always called “chip alley” … I think sometimes Caroline St. 08:47:37 PM May 19, 2023 from Twitter for iPhone in reply to NationCymru ReplyRetweetFavorite
  • @PhilipProudfoot What are you talking about ? King Charles unplugged my sink this morning and Camilla did my ironin… https://t.co/GawUMSYVH1 01:51:10 PM May 08, 2023 from Twitter for iPhone in reply to PhilipProudfoot ReplyRetweetFavorite
@dam_mccarthy

Contact Us

  • We will be able to help you quickly if you leave us a contact phone number. We keep this strictly confidential.
  • This field is for validation purposes and should be left unchanged.
Copyright Notice | Disclaimer | Website Terms & Conditions | Privacy Statement
ACAS | EHRC
Nationwide Employment Lawyers Ltd is Authorised and Regulated by the Financial Conduct Authority. For peace of mind you can find information about our authorisation by checking the Registration number 838365 on the Financial Services Register : register.fca.org.uk. Please note all telephone calls are recorded, as required by the regulator. Nationwide Employment Lawyers Ltd is not a firm of solicitors. Instead we offer an exceptional level of service using specialist employment law Solicitors, Barristers and a Senior Advocate.
Please contact us using either the questionnaire, quick contact form (above) or telephoning us on 0333 242 3851.