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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64958
Experience:  Qualified Employment Solicitor
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My question is regarding pregnancy and current corona virus

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Hi, My question is regarding pregnancy and current corona virus situation
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: It was discussed with MD and they told me they need to discuss it it with HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: My question is: can they put me on furlough leave rather than being suspended on full pay ?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that's all, thank you

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for your employer?

Customer: replied 14 days ago.
I have worked there full time for 7 years
Customer: replied 14 days ago.
Sorry Hi Ben, nice to meet you, I forgot to introduce myself, my name is Tatiana

Thank you Tatiana and no problem at all. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. It is indeed possible for the employer to place you on furlough rather than suspend you on medical grounds. However, what they should avoid doing is placing you on furlough specifically because you are pregnant and for example they are trying to avoid paying you full pay which they would have to on suspension. If they are placing all employees on furlough though and you join everyone else, then it is unlikely there would be pregnancy discrimination as everyone is being treated the same. But if they are selective with who goes on furlough and they appear to be specifically targeting you with a view to treat you detrimentally, then it may amount to pregnancy discrimination and be unlawful.

 

Does this answer your query?

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 12 days ago.
Hi, thank you for your answer but I'm afraid I have to bother you again :) I have been advised today that my company is looking at different options of operating the business in the next weeks which include: skeleton staff, placing employees on furlough or complete shut down. And so my follow up question is: If I'm placed on furlough with other colleagues but not all of them as there will be skeleton staff still working, how I'm supposed to prove that I was being targeted only because I'm pregnant? Is that possible at all? Just for the record I'm one the senior members of the team, multi-skilled in supervisor position so I don't think I would be placed on furlough if the circumstances were different. Thank you

That will be very difficult to prove. The more you are being treated like everyone else, the less likely it would be that you an prove it was discrimination. Often there is no concrete evidence though and it is a case of using whatever you have available which backs up your argument and then hoping it goes in your favour. Does this clarify things a bit more for you?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 12 days ago.
Yes it does, thank you Ben for all your help

All the best