Pregnancy and Maternity Letter of Grievance:

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My name is Sam Stone. My wife Amy and I are employment consultants with 26 years combined experience. We have created this webpage to assist you in understanding your statutory rights under the auspices of:

• The Equality Act 2010
• The Employment Rights Act 1996
• The Maternity and Parental Leave Regulations 1999
• The Management Health Safety Work Regulations 1999
• The Health Safety at Work Act 1974.

This webpage will assist you in knowing your employee rights regarding:

• Pregnancy risk assessments and the law
• Maternity leave & what if your employer makes a decision during maternity.
• Why you don’t need a comparator for pregnancy discrimination
• What is the ‘protected period’ for pregnancy & when it starts and ends
• Duty of care for your health and safety whilst pregnant, and your child too
• Your employer’s statutory duty to provide you with a safe system of work
• Bullying whilst pregnant and examples of what to write in your grievance
• Demoted whilst pregnant and grievance letter example of what to write
• Divested of opportunities whilst pregnant or on maternity and what to write.

This webpage last updated 6.6.26

Note: If after reading this webpage you feel overwhelmed and need us to custom draft your grievance letter for you, reach out to us on 07775943414 (9-5 UK) to book a telephone consultation. We only charge £35 for the initial consultation up to one hour. My wife Amy & I work 7 days a week because we know that your employment problems don’t just end on a Friday afternoon!

Alternatively, email us: myrightsuk@protonmail.com

The laws regarding pregnancy and maternity leave are presently under ‘consultation’. This means that the law is currently being beefed up in the second half of 2026 to protect women (especially where women returning to work find themselves being made redundant).

Within this document we have outlined your statutory rights under:

• The Equality Act 2010
• The Management Health Safety Work Regulations 1999
• The Employment Rights Act 1996
• The Maternity and Parental Leave Etc Regulations 1999.

The Acts & Regulations outlined within this document are the legislation, which protects women during their pregnancy and maternity leave.

ACAS:

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We have included a link to ACAS regarding pregnancy and maternity discrimination, which link outlines advice for both the employee and the employer. It would be helpful to visit the site and click on the links and downloads, which outlines the steps, which the employer should take to ensure that it is does not treat you ‘unfavourably’ because of your pregnancy / maternity leave. This way, you can use any omission by your employer to follow the ACAS guidance against your employer in your letter of grievance.

The Health & Safety Executive:

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The HSE have a web page covering new and expectant mothers, and the steps the employer should take.

The above link gives good advice to employers on undertaking risk assessments and the actions the employer should take to meet its legal obligations.

The above link gives a step-by-step guide as to the steps the employer should take. If the employer fails to undertake such steps, then you can use this against your employer within your letter of grievance.

The Law & How it Applies to You:

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Risk Assessments:
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The authority of Day v Pickles Farms Ltd [1999] IRLR 217 outlined the need for an employer to undertake risk assessment for ‘women of childbearing age’ at work. Put shortly, Regulation 13 of the 1992 of The Management of Health and Safety at Work Regulations 1992 provides that –

“Where (a) the persons working in an undertaking include women of child-bearing age; and (b) the work is of a kind which could involve risk…to the health and safety of a new or expectant mother…” then a suitable and sufficient assessment of those risks shall be carried out by the employer.”

However, in the authority of O’Neill v Buckinghamshire County Court [2010] All ER (D) 19 (Jan) The Employment Appeal Tribunal held that there will be no automatic right for new and expectant mothers to be risk assessed in their workplaces unless the employee can ‘demonstrate’ that their work poses a “risk of harm” to their (or unborn child/s) “health and safety”. Thus, the “nature and extent” of the expectant mothers’ work ought to be taken into consideration, insofar that she is not subjected to a “detriment” which could give rise to her making a claim in the Tribunal.

As it stands, it would be prudent and good business practice for your employer to undertake risk assessments for women of childbearing age.

If, however, you believe your employer has been negligent in articulating the risk of harm to your health and safety in being pregnant and/or the health and safety of your unborn child, then you need to establish in your letter of grievance specifically how you believe your employer has been negligent. Of course, this will all depend on the nature of your work and your day-to-day activities at work, such as standing for long periods, or traveling a lot, or working in a dangerous environment i.e. working on a construction site as a surveyor.

Regulation 16 of The MHSWR 1999 covers risk assessments for pregnancy – Risk assessment in respect of new or expectant mothers:

Where—

(a) the persons working in an undertaking include women of child-bearing age; and

(b) the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother, or to that of her baby, from any processes or working conditions, or physical, biological or chemical agents, including those specified in Annexes I and II of Council Directive 92/85/EEC(1) on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, the assessment required by regulation 3(1) shall also include an assessment of such risk.

(2) Where, in the case of an individual employee, the taking of any other action the employer is required to take under the relevant statutory provisions would not avoid the risk referred to in paragraph (1) the employer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.

(3) If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the employer shall, subject to section 67 of the 1996 Act suspend the employee from work for so long as is necessary to avoid such risk.

(4) In paragraphs (1) to (3) references to risk, in relation to risk from any infectious or contagious disease, are references to a level of risk at work which is in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace.

Regulation 18 of The MHSWR 1999 also covers risk assessments for new and expectant mothers. R.18 of The MHSWR 1999 covers you once you have given notice in writing that you are either pregnant, have given birth within the last six months, or are breastfeeding. This means your employer must consider the risks in relation to you, and furthermore, take action to avoid the risks. This action may involve altering your working conditions or hours of work. A risk assessment could mean that an employer ensures that you are given extra breaks, refrain from lifting, or spend more time sitting rather than standing at work.

The Employment Rights Act 1996:

 

My wife Amy & I have outlined some of your statutory rights under the auspices of the ERA 1996 in the links below, especially to do with dismissal, redundancy and detriment.

However, section 44(1)(c) ERA 1996 also covers health and safety at work. Thus, if you reasonably believe that the working environment is prejudicial to your health and safety at work (or that of your unborn child) then you can raise a grievance pursuant to s.44(1)(c) ERA 1996, whereas it states –

“He brought to his employer’s attention, by reasonable means, circumstances connected with his work which he reasonably believed were harmful or potentially harmful to health or safety.”

Example grievance letter health and safety at work: If you are pregnant and being bullied at work you could raise a grievance letter to incorporate what is referred to as an ‘assertion of a statutory right’ on grounds of health ands safety:

Dear Sirs,

I am bringing to your attention as an assertion of a statutory right under s.44(1)(c) of The ERA 1996, that parameters at work have affected, and are affecting my health, safety and welfare at work, and furthermore, that of my unborn child too. Thus, I am asserting a statutory right on grounds of health and safety. It is my reasonable belief that my employer has failed (and is failing) to provide me with a ‘safe system of work’ in accordance with s.2(1)(2)(a)(e) of The HSAWA 1974 due to the toxic working environment where bullying is rife. As such, it is my position that my employer has failed and is failing to observe a statutory ‘duty of care’ for my health, safety and welfare at work in accordance with s.1(1)(a) of The HSAWA 1974 given the respective omissions by my employer to have taken reasonable steps to eradicate and eliminate bullying in the workplace. For the avoidance of doubt, the bullying is having a profound and detrimental impact upon my physical and psychological health, which I believe endangers the health, safety and welfare at work of myself and my unborn child too. I genuinely believe my employer is treating me unfavourably because of my pregnancy due to the respective omissions to eradicate and eliminate bullying in the workplace. This is a contravention of s.18(2) EqA 2010. The incidents of bullying are outlined as follows –

Workplace Danger:

 

If you believe the working environment poses a ‘danger’ or a potential ‘danger’ to your health and safety at work (or that of your unborn child) then under s.44(1)(d)(e) of The ERA 1996 you are permitted by law to remove yourself from the working environment, and furthermore, for as long as you believe the danger still exists, to stay off from work. This is what s.44(1)(d)(e) ERA 1996 says:

“In circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, or in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger.”

Thus, if your employer is asking you to do something or go somewhere, which you believe poses a ‘danger’ to your health, safety, and welfare at work (or that of your unborn child) then you can refuse to attend work or any dangerous place / part of your work.

Section 44 ERA 1996 is further encompassed at – http://section44.co.uk

We recently had a client who was pregnant. She worked as a housing officer. Part and parcel of her role included going to some rather undesirable places with a lot of criminal activity. I wrote her a grievance letter, which outlined her employer’s breaches of The ERA 1996; The EqA 2010; The MHSWR 1999 & The MPLR 1999 – Boy were her employer’s in a right pickle!

Example Grievance Letter Workplace Danger:

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Dear Sirs,

I am asserting a statutory right under s.44(1)(d)(e) ERA 1996. I am refusing to come to my place of work due to the bullying at work, which I reasonably believe poses a danger to my health, safety, and welfare at work, and furthermore, that of my unborn child too. It is my reasonable belief that my employer has failed (and is failing) to provide me with a ‘safe system of work’ in accordance with s.2(1)(2)(a)(e) of The HSAWA 1974 due to the toxic working environment where bullying is rife, which creates a hostile, oppressive and intimidating environment in which to work and communicate with the bully. As such, it is my position that my employer has failed and is failing to observe a statutory duty of care for my health, safety, and welfare at work in accordance with s.1(1)(a) of The HSAWA 1974 given the respective omissions by my employer to have taken reasonable steps to eradicate and eliminate bullying within the workplace. Put short, I can no longer ignore the palpable risk of harm, or the gravity of that harm to my health, safety, and welfare at work, and that of my unborn child too. For the avoidance of doubt, the bullying is having a profound and detrimental impact upon my physical and psychological health, which is being inflicted upon my person by Tesa Jones, which bullying is causing me sleepless nights, rapid heartbeat, migraines, anxiety, feelings of dread and general malaise. As such, I can no longer ignore the palpable risk of harm, or the gravity of that harm, which I reasonably believe endangers my health and well-being, and that of my child too. Thus, it is my position that my employer is treating me unfavourably because of my pregnancy due to the respective omissions to take reasonable steps to eradicate and eliminate bullying in the workplace in accordance with s.18(2) EqA 2010. The incidents of bullying are as outlined as follows:

Note: Section 18 & s.26 of the EqA 2010 (Equality Act) do not cover harassment related to pregnancy. Put shortly, you cannot raise a grievance for “harassment” on protected grounds of pregnancy. Thus, you have to bring your grievances under the heading of bullying and/or sex discrimination. For the avoidance of doubt, if the harassment is related to the fact you are a woman and you are pregnant, then you can argue that your sex is a ‘contributing cause’ for the harassment.

Amy & I can draft you a custom grievance letter if you have been subjected to discrimination on protected grounds of either your pregnancy or maternity leave.

• Pick up the phone and call us to book a consultation on 07775943414 (9-5 UK).
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• We can talk through your employment issues.
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• We can custom draft a grievance letter for you.
• Amy & I work 7 days a week because we know your employment issues don’t just end on a Friday afternoon!
• So, pick up the phone and call us on 07775943414 or email us: myrightsuk@protonmail.com

The Equality Act 2010:

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The Equality Act 2010 (section 18) is the section, which deals with discrimination during your pregnancy / maternity leave –

s.18 Pregnancy and maternity discrimination: work cases

(1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity.

(2) A person (A) discriminates against a woman if, in the protected period in relation to a pregnancy of hers, A treats her unfavourably —

(a) because of the pregnancy, or

(b) because of illness suffered by her as a result of it.

(3) A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave.

(4) A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave.

(5)…(Removed)

(6) The protected period, in relation to a woman’s pregnancy, begins when the pregnancy begins, and ends—

(a) if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy;

(b) if she does not have that right, at the end of the period of 2 weeks beginning with the end of the pregnancy.

(7) Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as—

(a) it is in the protected period in relation to her and is for a reason mentioned in paragraph (a) or (b) of subsection (2), or

(b) it is for a reason mentioned in subsection (3) or (4).

We have taken the law above and put it into plain English as follows:

Less favourable Treatment v Unfavourable Treatment:

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There is no comparator needed when raising grievances for (unfavourable treatment). In other words, you do not need to show that you have been treated ‘less favourably’ in comparison to a person who is not pregnant and/or on maternity leave. This means all you have to do in your grievance letter is show that you have been treated unfavourably ‘because of’ your pregnancy and/or maternity leave.

Who is Liable:

Your employer is liable for any act or omission of discrimination, which the employer has subjected you to under s.109(1)(2)(3)(4)(a)(b) EqA 2010.

An act is different to an omission. An omission is a failure to do something, which puts you at a detriment. An act is something the employer does or applies, which puts you at a detriment.

Note under s.18(2) of The Equality Act 2010 (see above) it refers to a “person”.

Thus, under s.18(2) of The Equality Act 2010, a ‘person’ whom discriminates against you could be held ‘personally liable’ under s.110(1)(a)(b)(c)(2) EqA 2010 for their own acts and omissions.

This is very important because when raising your grievance letter, you want to outline that it is not just your employer who has discriminated against you. You could also name the person or persons who have or are discriminating against you, not least as that person or persons are ‘personally’ liable for their own respective acts, and omissions.

In this regard, we draw your attention to the authority of London Borough of Hackney v Sivanandan [2013] EWCA Civ 22, at paragraphs 58 & 89:

“Unlawful discrimination is a statutory tort under the 1975 Act and the 1976 Act. General principles of tort law applied. Where the same indivisible damage is done to a claimant by concurrent tortfeasors, each is liable to the claimant for the whole of that damage and no question of apportionment arises.”

“No single tortfeasor is liable only for consequences peculiar to his acts. Each is jointly liable to the claimant for the full amount of the damage suffered”.

Thus, individuals who discriminate against you because of your pregnancy or maternity are ‘personally liable’ for their own ‘torts’ (wrongdoing).

It is also important to note that under s.112 of The Equality Act 2010, a ‘person’ must not ‘aid’ another person to discriminate against you. Example – if the HR Department uphold a decision by your manager, which amounts to ‘unfavourable treatment’ because of your pregnancy / maternity, or ‘less favourable treatment’ because of your sex, then potentially the HR Officer, and the Manager could be held individually liable for their own respective acts and omissions, which apply a discriminatory effect.

Moreover, under s.111 of The Equality Act 2010 a ‘person’ must not instruct, cause or induce another person to subject you to discrimination. Example: The HR Manager instructs, causes, or induces the Line Manager to do something to you, which applies a discriminatory effect ‘because of’ your pregnancy or maternity leave, which instruction or inducement makes the HR Manger ‘personally liable’ as a ‘tortfeasor’.

Thus, having a bit of knowledge of employment law is a good thing!

Therefore, if your Line Manager or HR Officer treats you unfavourably ‘because of’ your pregnancy or maternity, then the individual/s who have discriminated against you are ‘personally’ liable for their own acts and omissions. Reach out to us on 07775943414 (9-5 UK) or email us to support you: myrightsuk@protonmail.com

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Under s.109 of The Equality At 2010, the employer would be vicariously liable for failing to have taken ‘reasonable steps’ to have prevented the discrimination from happening. This means therefore, that your grievances for discrimination would be raised against both the employer, and the individual person/s who have discriminated against you.

Unfavourable Treatment:

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The ‘unfavourable treatment’ must be ‘because of’ the pregnancy and/or maternity leave.

Unfavourable treatment can also occur ‘because of’ an illness suffered as a result of your pregnancy. All you have to do in your grievance letter is outline the link between the discrimination and your pregnancy or maternity leave.

Amy & I recently had a client who was being subjected to her employer’s disciplinary policy and procedures whilst pregnant. The disciplinary hearing took place in a room, which was very hot. The employer knew that my client suffered from hyperemesis as it was stated on her Fit Notes and also a letter from her GP. As such, the employer treated my client unfavourably ‘because of’ an illness, which she suffered as a result of her pregnancy under s.18(2)(b) EqA 2010.

Moreover, the employer failed to make any accommodations to accommodate my client’s pregnancy in inviting her to the disciplinary. The ‘omission’ to do so was to my client’s ‘detriment’. It was incumbent upon the employer in subjecting my client to a disciplinary to have made accommodations to accommodate her pregnancy. This ‘omission’ was a serious breach of the implied term of mutual trust and confidence. It was also a contravention of s.39(2)(b)(d)(5) of The Equality Act 2010.

The Protected Period Starts:

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Protection against discrimination starts from when you become pregnant. This is called the ‘protected period’. Protection starts once you have informed your employer you are pregnant. Once you have done this you are covered under s.18 of the Equality Act 2010.

However, there is no obligation on you to inform your employer of your pregnancy until 15 weeks before the baby is due. However, telling your employer you are pregnant triggers the employer’s statutory ‘duty of care’ including the employer’s health and safety obligations to you, and your unborn child.

We would recommend that if you become pregnant that you let your employer know in writing via email. This way you have evidence of the time and date you informed your employer you are pregnant. This way an employer could not later argue that it did not know you were pregnant by reason that you could exhibit the email to evidence that your employer knew of your pregnancy, including the date and time you informed your employer of your pregnancy. Case in point, in February 2025 I had a client who told her boss she was pregnant. She was dismissed two days later. The problem here is that my client never informed her boss in writing via email that she was pregnant.

It is a good practice from the moment you become pregnant, to put everything in writing to your employer and send the correspondence via email to the HR Department. This way there is no ambiguity at a later date of what was said, to whom it was said, and the date and time it was stated. Thus, don’t say things verbally. If you do say things verbally then back it up in an email the same day i.e.

Hi Julia,

Further to our conversation this morning I would like to confirm that I am pregnant. I took the opportunity to discuss the nature of my work and that I believe it would be prudent to undertake a risk assessment to identify the hazards and minimize the risks to my health and safety, and also that of my unborn child too. To this end, I look forward to meeting the Company’s Health & Safety Representative to discuss matters further,”

Yours sincerely,

The Protected Period Ends:

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If you have the right to maternity leave then the protected period ends when your maternity leave ends or when you return to work i.e. if you return to work before the end of your maternity leave. Therefore, be careful when returning to work before the end of your maternity leave.

Hypothetical Example:

You inform your employer you are pregnant on 1.1.26.

You are protected from 1.1.26.

You take your maternity leave on 1.10.26, which maternity leave lasts for 12 months. You are protected during this period.

You return to work on 1.10.27. The protected period ends on 1.10.27.

If you do not have a right to maternity leave i.e., because you are not an employee but a contractor, then the protected period ends two weeks after your child was born.

If you are not an employee but a worker or contractor, then I would get the policies and procedures from both your employer and the place you are contracted to work in order to understand your rights.

Discrimination during the protected period:

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Let’s say you leave for your maternity leave on 1.6.25 and return to work on 1.6.26. When you return to work you find out your job had been changed during your maternity leave, and furthermore, you have been demoted. However, you were not informed of these changes until after you returned to work. You would well be within your rights to raise a grievance for unfavourable treatment because of your pregnancy in accordance with s.18(2)(a) of The EqA 2010.

On your return to work after 12 months maternity you find out you were demoted or that your job no longer exists. Then raise a grievance for discrimination by reason that your employer failed to inform you of the changes ‘during the protected period’ i.e., during your maternity leave. This means that decisions which your employer takes during your maternity leave, which were not communicated to you until after you returned to work (or put into effect until your return to work), that treatment could be regarded as occurring in the protected period even if the implementation is not until after the end of that period.

Thus, your employer has to be very careful. The employer has to inform you of changes at work, which effect you (or which will affect your job) during the protected period i.e., during your maternity leave.

Therefore, if you come back to work and discover that there were changes (or are about to be changes), which were decided upon by the employer when you were on maternity leave, you could raise a grievance for ‘unfavourable treatment’ under s.18(2)(a) of The EqA 2010.

Put shortly, if you feel that a decision taken by your employer during the protected period is to your ‘detriment’, then raise a grievance. The concept of “detriment” has to be established from your point of view as the ‘complainant’ as held in the authority of Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73 at paragraph 27:

“It is now well established that the concept of detriment is very broad and must be judged from the view point of the worker. There is a detriment if a reasonable employee might consider the relevant treatment to constitute a detriment.

For the avoidance of doubt, under R.18 of The Maternity and Parental Leave Regulations 1999, a woman has a statutory right to return to the same job after ordinary maternity leave. After additional maternity leave, a woman has a right to return to the same job unless that is not reasonably practicable. If that is the case, the woman is entitled to be offered a suitable alternative job on terms and conditions, which are not less favourable than her original job.

You have three months less one day from the act of discrimination (or omission) to commence pre-claim conciliation with ACAS in accordance with s.7 ERRA 2013 to preserve your employment position. This is the timeframe specified under s.123 EqA 2010.

It is incumbent upon your employer to keep you informed of any changes, which impact upon you, your job and/or your job role during the protected period. An omission to do so could amount to unfavourable treatment.

You can ask questions when raising your grievances. ACAS have endorsed submitting questions to an aggrieved party’s employer in order to obtain answers to their grievances.

ACAS have provided clear advice of how an employer should go about answering an aggrieved employees questions.

Grievance Letter Example 1:

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Dear Sirs,

I am raising a grievance by reason that on 19.6.26 I returned to work after having 12 months of Maternity leave. I was informed by Lucy Ball in the HR Department on 22.6.26 that I am being made redundant. The omission by my employer to have informed me of my redundancy during the protected period amounts to unfavourable treatment on protected grounds of pregnancy. Thus, I require to know the following:

Why was I not informed of my redundancy whilst on maternity leave?

How do you say the omission to have informed me of my redundancy during the protected period does not amount to unfavourable treatment?

Whose decision was it not to inform me that I would be made redundant until my return to work?

Why was this information withheld from me during the protected period?

Specifically, when was the decision made to make me redundant?

Whose decision was it to make me redundant?

How do you say the omission to communicate with me during my maternity leave i.e., that I would be made redundant upon my return to work does not amount to unfavourable treatment?

How do you say the omission to inform me of my redundancy during the protected period has not seriously undermined the implied term of mutual trust and confidence?

Grievance Example 2:

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Dear Sirs,

I am raising a grievance by reason that on 19.6.26 I returned to work after having 12 months of Maternity leave. I was informed by Lucy Ball in the HR Department on 2.1.26 that I am no longer the lead Manager for the BMI Project. The omission by my employer to have informed me of this change during the protected period amounts to unfavourable treatment on protected grounds of pregnancy. Thus, I require to know the following:

Why was I not informed of the change to my role during my maternity leave?

How do you say the omission to inform me of the change to my role during the protected period does not amount to unfavourable treatment?

Whose decision was it not to inform me that I would not be performing the lead manager role for the BMI Project upon my return to work?

Why was this information withheld from me during the protected period?

Specifically, when was the decision made to change my role?

Whose decision was it to change my role?

How do you say the omission to communicate the changes to my role during my maternity leave does not amount to unfavourable treatment?

How do you say the omission to inform me of the changes to my role during the protected period has not seriously undermined the implied term of mutual trust and confidence?

Grievance Example 3:

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Dear Sirs,

I am raising a grievance by reason that on 19.6.26, I returned to work after having 12 months of Maternity leave. I was informed by Lucy Ball in the HR Department on 22.6.26 that I have been demoted to assistant secretary. The omission by my employer to inform me of this change during the protected period amounts to unfavourable treatment on protected grounds of pregnancy. Thus, I require to know the following:

Why was I not informed of the change to my role during my maternity leave?

How do you say the omission to inform me of the change to my role during the protected period does not amount to unfavourable treatment?

Why have I been demoted?

How do you say the demotion is not ‘because of’ my pregnancy and maternity leave?

Whose decision was it to demote me?

Why was this information withheld from me during the protected period?

Why was this information only communicated to me after my return to work?

Specifically, when was the decision made to demote me?

How do you say the omission to communicate the changes to my role during my maternity leave does not amount to unfavourable treatment?

How do you say the omission to inform me of the changes to my role during the protected period has not seriously undermined the implied term of mutual trust and confidence?

As ACAS have endorsed submitting questions to an aggrieved party’s employer in order to obtain answers to their grievances, make sure you ask questions. If your employer fails to answer your specific questions, it could be seen as a ‘deliberate omission’ in accordance with s.212(3)(a)(b)(c) of The EqA 2010:

A reference (however expressed) to an omission includes (unless there is express provision to the contrary) a reference to—

(a) a deliberate omission to do something;

(b) a refusal to do it;

(c) a failure to do it.

In this regard, we draw your attention to practical proposition 7 in Igen v Wong:

“These inferences can include, in appropriate cases, any inferences that it is just and equitable to draw in accordance with section 74(2)(b) of the SDA from an evasive or equivocal reply to a questionnaire or any other questions that fall within section 74(2) of the SDA.”

We also draw your attention to the authority of Dattani v Chief Constable of West Mercia Police [2005] IRLR 327:

“A respondent, asked a direct question in writing by an aggrieved person, who fails to respond, or does so evasively, ought to be treated in the same way irrespective of whether a question has been asked under the statutory procedure.”

A similar position and approach was held in Barton v Investec Henderson Crosthwaite Securities Ltd [2003] IRLR 332 EAT:

“These inferences can include, in appropriate cases, any inferences that it is just and equitable to draw in accordance with s.74(2)(b) of the Sex Discrimination Act from an evasive or equivocal reply to a questionnaire or any other questions that fall within s.74(2) of the Sex Discrimination Act: see Hinks v Riva Systems EAT/501/96.”

In Madarassy v Nomura International plc 2007 ICR 867, CA it was held that in some instances, “an evasive or untruthful answer to questions” assists the claimant in shifting the burden of proof.

Section 39 of The Equality Act 2010:

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Under s.39(2) of The EqA 2010, an employer must not discriminate against an employee as outlined as follows:

An employer must not discriminate against an employee —

(a) as to the terms of employment;

(b) in the way the employer affords you access, or by not affording you access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service;

(c) by dismissing you;

(d) by subjecting you to any other *detriment.

Thus, during your maternity leave your employer must keep you posted of any opportunities, which arise during your maternity leave or for any opportunities for promotion, transfer, or training. Moreover, the employer must not divest you of receiving any other benefit, facility, or service during your maternity leave, otherwise it contravenes s.39 of The EqA 2010.

Example: your employer deprives you of your right to an annual performance assessment because you are on maternity leave. This potentially amounts to a contravention of s.18(2)(a) of The EqA 2010 i.e., unfavourable treatment ‘because of’ your maternity leave, and furthermore, a ‘detriment’ under s.39(2)(d) of The EqA 2010.

It is quite common that an employer forgets to undertake a performance review whilst you are on maternity leave. If this is the case, you can raise this omission within your letter of grievance for ‘unfavourable treatment’.

Unfortunately, Amy & I get a lot of women who come to me because during their maternity leave they find out that a workplace colleague has been promoted and they were never informed of the ‘opportunity’ to apply for the role, which their workplace colleague got.

Thus, if this applies to you, then here is a sample grievance letter you could send to your employer for discrimination during the protected period of pregnancy:

Dear Sirs,

Upon my return to work from maternity leave on 22.6.26 I discovered that my workplace colleague Susan Wong had been promoted to Project Manager. For the avoidance of doubt, I was never informed of the opportunity for the Project Manager role during my maternity leave. Thus, I believe I have been treated unfavourably because of my pregnancy and maternity leave having been divested of access to the same opportunity. This has seriously undermined the implied term of mutual trust and confidence. I draw your attention to the fact that in accordance with s.39(2)(b) of The EqA 2010 (Equality Act) my employer has a statutory duty to afford me access to opportunities for promotion, transfer or training, or for receiving any other benefit, facility or service during my pregnancy and maternity leave. My employer has divested me of this statutory right. This amounts to unfavourable treatment in contravention of s.18(2)(a) of The EqA 2010. To this end, I require to know the following:

Specifically, what date was the Project Manager Role advertised?

Between what dates was the Project Manager Role advertised?

Specifically, where was the Project Manager Role advertised i.e. internally and /or externally?

For the avoidance of doubt, I require a copy of the actual advert, which was placed for the Project Manager Role.

How do you say the omission by the HR Department to have informed me of the Project Manager Role during my maternity leave, does not amount to unfavourable treatment in contravention of s.18(2)(a) of The EqA 2010?

How do you say my employer has not treated me unfavourably because of my pregnancy and maternity leave?

I require to know the specific grounds and reasons why the HR Department omitted to inform me of the Project Manager Role during my maternity leave?

How do you say I have not been divested of access to an opportunity for promotion during my maternity leave?

How do you say the omission to inform me of the Project Manager Role during my maternity leave is not to my ‘detriment’ in contravention of s.39(2)(d) of The EqA 2010?

The Term ‘Detriment’:

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A *detriment is basically any disadvantage you suffer ‘because of’ your pregnancy and/or maternity leave. Protection from detrimental treatment is covered and explained in R.19 of The Maternity and Parental Leave Regulations 1999.

Detriment is also covered in s.47C of The ERA 1996 for (i) pregnancy, (ii) childbirth or (iii) maternity.

The EHRC Statutory Code of Practice on Employment 2011 describes a ‘detriment’ as follows:

“Generally, a detriment is anything which the individual concerned might reasonably consider changed their position for the worse or put them at a disadvantage. This could include being rejected for promotion, denied an opportunity to represent the organisation at external events, excluded from opportunities to train, or overlooked in the allocation of discretionary bonuses or performance-related awards… A detriment might also include a threat made to the complainant which they take seriously and it is reasonable for them to take it seriously. There is no need to demonstrate physical or economic consequences. However, an unjustified sense of grievance alone would not be enough to establish detriment.”

Redundancy During Maternity Leave:

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Regulation 10 of The Maternity and Parental Leave Regulations 1999 is the Regulation, which covers redundancy during maternity leave as follows:

 “This regulation applies where, during an employee’s ordinary or additional maternity leave period, it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment. Where there is a suitable available vacancy, the employee is entitled to be offered (before the end of her employment under her existing contract) alternative employment with her employer or his successor, or an associated employer, under a new contract of employment which complies with paragraph (3) (and takes effect immediately on the ending of her employment under the previous contract). The new contract of employment must be such that— the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for her to do in the circumstances, and its provisions as to the capacity and place in which she is to be employed, and as to the other terms and conditions of her employment, are not substantially less favourable to her than if she had continued to be employed under the previous contract.”

Dismissal is also covered under s.99(3)(a) ERA 1996 ‘because of’ pregnancy, childbirth and/or maternity, and also under R.20(3) of The MPLR 1999.

A failure by your employer to consult you on maternity leave about changes to your work or about possible redundancy may amount to unfavourable treatment under s.18 of The EqA 2010.

It is very common that women are made redundant during their maternity leave, which is why the law is going to be beefed up in the years to come, and why a consultation period is taking place.

Amy & I can assist you in obviating the common mistakes, which we often see employees make when writing a grievance letter to their employer.

Remember, you only get one chance to get this right, so make sure that you do!

Amy & I can have a telephone consultation with you or write you a custom letter of grievance if you need help on any of the following matters:

• grievance letter for bullying and harassment
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• stress at work employee rights UK
• grievance for work-related stress
• Sickness absence meeting
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• performance improvement plan
• how to beat a disciplinary hearing
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• reasonable adjustments equality act 2010.
• pregnancy and maternity discrimination
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• disability discrimination
• what not to say at a grievance meeting

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Please also read our webpage on sex discrimination and sexual harassment.