Inadequate tribunal remedies

Even if a claim for pregnancy or maternity discrimination is successful, the outcome is likely to be inadequate for women. The median award for this kind of claim in 2013 was just £8,000 and there is a well-documented risk that the employer will not pay any award. Unite has called for a strengthening of the right to reinstatement for women whose claims of pregnancy and maternity discrimination are upheld.

Another diminution in the power of tribunals to improve matters came in 2015, when the government abolished the tribunal’s statutory power to make wider recommendations to benefit not just the claimant but also the wider workforce (section 124 EA 10, abolished by section 2, Deregulation Act 2015).

This change has been particularly detrimental to pregnant women. In its evidence to the Women and Equalities Select Committee, the TUC said there had previously been many examples of pregnancy discrimination claims that had resulted in wider recommendations benefitting other women. These included requiring the employer to change discriminatory practices, or to provide management training at work. Unions want this power to be reinstated.