Adjustments to take account of pregnancy and maternity

On its own, it is not sex discrimination to conduct disciplinary proceedings against a woman during her maternity leave, even though she is less able to prepare for the meeting because she is caring for her baby (Chief Constable of Hampshire Constabulary v Haque UKEAT/0483/10). In this case, the police agreed to carry out the meeting using a venue closer to the employee’s home and they made arrangements for breaks and facilities to enable her to breastfeed her baby.

However, employers should not go ahead with a disciplinary hearing if the absence of an employee is due to a pregnancy-related illness (Abbey National v Formoso [1999] IRLR 222).