Thinking Of Sacking Someone Pregnant?
The issue of discrimination against pregnant workers has been around for some time but some employers still get it wrong. A chef, fired by rock star Sting and his wife Trudie Styler, was recently awarded compensation of just under £25,000 for discrimination on the grounds of pregnancy. Ms Styler is said to be devasated by the judgment.
Whilst this case involves a high profile employer, similar cases are brought on a regular basis. The Equal Opportunities Commission published figures showing that up to 30,000 women every year may lose their jobs because they are pregnant. Many women simply put up with it and never bring claims, but if they do Tribunals can order employers to pay significant sums in compensation. Such cases also attract unwelcome publicity for the employer.
Jane Martin worked for Sting and Trudie Styler as a chef for eight years .During this time she says she had a successful career and was part of the trusted ‘inner circle’ of employees at the estate. This all changed when she became pregnant. Miss Martin described to the Tribunal examples of ‘cruel’ and ‘hurtful’ treatment carried out by her employers. Eventually she was made redundant and claimed she was fired because she was pregnant, not on the grounds of redundancy.
The Southampton Employment Tribunal found that Miss Martin was the victim of “shameful behaviour” on the part of her employers and that her pregnancy was the real reason for her dismissal.
What does the law say about pregnant workers?
Put simply, the law says that pregnant women should not be treated any differently at work from other workers. To treat them differently in any way which is detrimental is unlawful discrimination. So how do you ensure your pregnant workers are treated fairly?
When an employee tells you that she is pregnant you should carry out a risk assesment without delay and continue to monitor the employee’s safety during her pregnancy. Factors to consider include the physical environment, mental fatigue and any tasks or duties which are especially risky such as working with chemicals.
Secondly, ensure your employee is not subject to any detirmental treatment. Whilst this includes ensuring no negative comments are made it is also crucial to include the employee in all decisions as normal. Make sure that opportunities such as promotion are open to all. Do not assume that the employee will not be interested in events or projects that are due to take place whilst she is on maternity leave as this is often where the relationship starts to break down.
Finally, if you are considering dismissing an employee who is pregnant – don’t do it! It is essential to take careful advice before dismissing an employee who you know is pregnant or on maternity leave as Trudie and Sting have found out to their cost.
Published 30/07/2007. The author of this article is Karen Bates
