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Maternity / Sex Discrimination

Employment and Discrimination Law

Maternity / Sex Discrimination

Postby YorkshireBloke » Wed Nov 01, 2017 8:05 pm

Hi,

Your thoughts would be appreciated...

A pregnant woman puts in a flexible working request asking for a position that is incompatible with her being pregnant. Not cynically, for honourable reasons, not important to the issue. Forms 100% OK, job totally unsuitable for a pregnant woman.

The only reason to deny the request is that she is pregnant.

Maternity discrimination? Must the employee be transferred then given Maternity Suspension on full pay??

YB
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Re: Maternity / Sex Discrimination

Postby diy » Wed Nov 01, 2017 9:06 pm

The reasons she can't do the work are important. Can she work flexibly in her current role? Could you make adjustments in the new role?
Have you read this:
https://www.gov.uk/working-when-pregnant-your-rights

You should probably be focussing on her request to work flexibly in her current role.
My suggestions are not legal advice
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Re: Maternity / Sex Discrimination

Postby YorkshireBloke » Wed Nov 01, 2017 9:21 pm

Thanks for quick reply.

The new job is on nights to facilitate her family needs. Honourable reason.

Anyone else not pregnant could cope but nights IS heavy work, pallet load shifting, small team, not always someone to "lend a hand" or pick up heavy stuff (all heavy stuff!) got to be said, mostly beefy blokes. Pregnant = dangerous. No way Duty of Care to put this woman in this job.

BUT the reason to not put her in it is SHE IS PREGNANT. Direct maternity discrimination.

YB
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Re: Maternity / Sex Discrimination

Postby atticus » Wed Nov 01, 2017 9:34 pm

Look up justification in connection with otherwise discriminatory requirements, YB.

Is moving from working days to nights really a flexible working request?
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Re: Maternity / Sex Discrimination

Postby YorkshireBloke » Wed Nov 01, 2017 10:18 pm

Yes; any change to an employee's contract under the flexible working regs is a FWR.

Indeed she had a genuine reason, hubby works days, her firm has a night shift. It is heavy work.

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