Can I be sacked because I am pregnant?
No, if you are dismissed because you are pregnant, this is an automatically unfair dismissal. If you can bring a claim of automatically unfair dismissal no matter how long you have been working for your employer.
Sacking you because you are pregnant is also unlawful pregnancy and maternity discrimination. The Equality Act 2010 protects you against less favourable treatment:
- because you are pregnant;
- because of a pregnancy-related illness;
- because you are on maternity leave; or
- because you have taken or asked to take maternity leave.
Pregnancy and maternity discrimination covers not just dismissal but any kind of unfavourable treatment that is linked to pregnancy or maternity. For example, it can include:
- retraction of training or promotion opportunities, demotion or side-lining;
- being penalised for taking pregnancy-related time off, such as to attend ante-natal appointments or for pregnancy-related sickness;
- being bullied or excluded;
- being forced to change your shift pattern with no medical justification;
- redundancy or dismissal linked to pregnancy or pregnancy-related sickness absence.
Find out what policies your employer has in place to protect you from pregnancy and maternity discrimination and how you might go about raising these issues with management. It might be part of a wider equal opportunities policy.
Keep a written journal of the behaviour you experience, when it took place and by whom. Do this on each occasion if it happens more than once, whether it is online or in person. Note down any action you took to try to make it stop and what response you got from management.
Report the incident in writing to management and ask for action to be taken. Escalate the issue to higher level management if your initial request is unsuccessful.
There is good advice on the HSE webpage for New and Expectant Mothers. There are also specialist charities, such as Maternity Action and Working Families, all of whom run advice lines and provide information sheets.
If you are considering a tribunal claim, remember that time limits are very short – just three months from the date of the incident in question.