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Sex, pregnancy and maternity discrimination
[ch 11: page 421]Under section 99, ERA 96, it is automatically unfair to dismiss an employee because of pregnancy, childbirth, maternity, or because she takes or asks to take maternity leave.
Employers must consult adequately with women at risk of redundancy throughout maternity leave. Failure to do this is likely to amount to sex, pregnancy and maternity discrimination (See Blundell v Governing Body of St Andrews Catholic Primary School [2007] UKEAT/0329/06/1005). It is also likely to result in unfair dismissal. Here is an example:
A member of staff was on maternity leave during a major reorganisation. She asked for her redeployment interview to be deferred until after her maternity leave. It took her employer two months to respond – with a rejection – by which point all the suitable vacancies had been filled. The EAT said that a two-month delay in responding to a consultation question on an issue an employee regards as key is not “reasonable consultation” for the purposes of an unfair dismissal claim.
Langford v East Sussex County Council UKEAT/0275/13/DM