Chapter 7
Adjustments for pregnancy and maternity
[ch 7: pages 44-45]It is not maternity discrimination to conduct disciplinary proceedings during maternity leave, even though the woman is less able to prepare because she is caring for her baby (Chief Constable of Hampshire Constabulary v Haque UKEAT/0483/10). In this case, the police agreed to hold the meeting at a venue closer to the employee’s home, and arranged for breaks and facilities for breastfeeding.
Employers should not go ahead with a disciplinary hearing if the employee’s absence is due to a pregnancy-related illness (Abbey National v Formoso [1999] IRLR 222).