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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48488
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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In maternity discrimination cases, do incidents that occur

Customer Question

In maternity discrimination cases, do incidents that occur during the annual leave period attached at the end of SML count?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

What incidents are you specifically referring to?

Customer: replied 1 year ago.
My employer restructured our team of three to two roles that were heavily biased towards the other two employees. I returned to work after my annual leave tagged on to SML to find that they had both attended training that qualified them to undertake a duty that was explicitly included in the job description of the two new roles.
Expert:  Ben Jones replied 1 year ago.

Hi sorry I was offline by the time you had replied. Under section 18 of the Equality Act , pregnancy and maternity discrimination occurs where an employer treats a woman unfavourably during the ‘protected period’ because of her pregnancy. The protected period starts when the employee becomes pregnant and ends when the additional maternity leave period ends (or when she returns to work, if earlier). So if the official AML period had ended (it lasts for 52 weeks from the start of maternity leave) and it was followed by annual leave attached at the end of it, then you will no longer be in the protected period. Therefore, you cannot claim that you have been discriminated because of pregnancy or maternity but if you can show that you were treated differently to a man in the same position as you then there may be potential sex discrimination.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Customer: replied 1 year ago.
I am attempting a DIY tribunal claim against my former employer for unfair dismissal and detriments for taking maternity leave. Following my case management meeting the judge has asked for clarification on what detriments I experienced. Can I state that training that my colleagues were invited to and attended during my annual leave attached on to the end of my maternity leave was a detriment. This made them better qualified for the two restructured roles.
Expert:  Ben Jones replied 1 year ago.

This would not be a detriment related to the maternity leave because you were not treated detrimentally whilst on maternity leave, it was whilst you were on annual leave after the maternity leave and that is after the protected period for discrimination purposes.

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.