An employment tribunal has found that an employee was discriminated against after being told by their boss that they “had a baby at the wrong time”.
Background
A tribunal has found that an employer’s comment during a restructuring process, that an employee at risk of redundancy had her baby “at the wrong time”, was pregnancy discrimination. The comment amounted to less favourable treatment, particularly bearing in mind the employee was then overlooked for a new role despite her exceptional performance. She was awarded nearly £30,000 in compensation.
Practical takeaway
This case is a useful reminder of the need for continuous cultural training and appropriate leadership values.
Better banter – the comment was explained as being “just a joke”, highlighting yet again how workplace ‘banter’ can lead to costly claims. Clear policies, regular training, and cultural reinforcement are essential to ensure everyone understands acceptable language and behaviour.
Redundancy training – some managers may have never handled a redundancy process, while others may not have done so for years. Ensure they receive training beforehand so the understand their role and how to conduct the process lawfully.
New redundancy protection – since April 2024, pregnant employees and those on maternity, shared parental, or adoption leave have extended redundancy protection. From the moment you’re notified of a pregnancy until six months after the employee returns, you must prioritise them for suitable alternative roles over others at risk of redundancy. Updating training and policies is vital.
Get in touch if you need our advice or guidance on anything we’ve covered in this update. We can also support with ‘ED&I’ and ‘Better Banter’ eLearning courses to help support consistent and continual cultural training – get in touch for a demo.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
