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Anti-discrimination legislation provides that you cannot treat workers less favourably because:
This is where a worker is treated less favourably than she was treated before she became pregnant or before she has (or planned to) exercise her statutory maternity leave rights. There is no need for the worker to be compared with another worker.
For example, if a worker is sacked because she has told you that she is pregnant or might start a family.
You could be liable for direct discrimination even if you did not intend to discriminate against your employee.
The only available defence to a direct discrimination claim is proving that there was no discrimination.
Victimisation happens when a worker is treated less favourably than another worker because:
If you dismiss an employee, or if an employee resigns because they claim that they have been discriminated against by you, then they may make a complaint of unfair dismissal to an Industrial Tribunal. In addition, they may also claim for damages on the grounds of discrimination, which they will be able to do regardless of their length of service.
A complaint must be presented within three months from the date of the act complained of, unless the tribunal considers that it is fair and reasonable in the circumstances to hear the claim outside that period.
While there is a limit on the amount of compensation a tribunal can award for unfair dismissal, there is no limit in cases of unlawful discrimination.
You can get more information from the Labour Relations Agency (LRA), which offers free, confidential and impartial advice on all employment rights issues. You can call the LRA helpline on 028 9032 1442, from 09:00 to 17:00, Monday to Friday.
