Making the decision to take your employer to an employment tribunal is never easy. It can feel overwhelming, stressful, and frankly quite scary. But sometimes it’s the only way to get justice when you’ve been treated unfairly because of your pregnancy.
If you’re reading this, you’ve probably already tried other ways to resolve your situation – maybe you’ve raised a grievance, tried talking to your manager, or sought advice from ACAS. But your employer either isn’t taking your concerns seriously or has outright refused to put things right.
The good news is that the law is firmly on your side when it comes to pregnancy discrimination. The bad news is that navigating the tribunal system can be complex and intimidating if you don’t know what you’re doing.
Do You Have a Case? Understanding Pregnancy Discrimination
Before we dive into the tribunal process, let’s make sure you understand what counts as pregnancy discrimination and whether you might have a valid claim.
Pregnancy discrimination happens when you’re treated unfavourably because of your pregnancy, childbirth, or maternity leave. The key word here is “unfavourably” – you don’t need to prove that you were treated worse than someone else would have been. If the treatment was because of your pregnancy and it was unfavourable, that’s discrimination.
Common examples include:
- Being dismissed or made redundant because you’re pregnant
- Being passed over for promotion after announcing your pregnancy
- Having your responsibilities reduced or being excluded from meetings
- Being subjected to harassment or unpleasant comments about your pregnancy
- Being forced to take sick leave instead of maternity leave
- Not being allowed time off for antenatal appointments
- Being refused reasonable adjustments for pregnancy-related health issues
What you need to prove:
1. That you were treated unfavourably
2. That the treatment was because of your pregnancy, childbirth, or maternity leave
3. That you suffered some kind of loss or detriment as a result
You can find more information about discrimination law on gov.uk.
Time Limits: The Three-Month Rule
This is crucial, so pay attention: you normally have just three months from the date of the discriminatory act to submit your tribunal claim. Miss this deadline, and you’ll usually lose your right to bring a claim, no matter how strong your case is.
When does the three months start?
- For a one-off incident (like dismissal), it starts from the date of that incident
- For ongoing discrimination, it starts from the date of the last discriminatory act
- If you’re dismissed, it starts from your last day of employment
What if you’re still employed?: You can bring a tribunal claim while you’re still working for the employer. You don’t have to wait until you leave.
Extensions to the time limit: In very limited circumstances, tribunals can extend the time limit if it would be “just and equitable” to do so. But don’t rely on this – it’s much better to submit your claim within the normal time limit.
Early conciliation: Before you can submit a tribunal claim, you must contact ACAS for “early conciliation.” This is a free service where ACAS tries to help you and your employer reach a settlement without going to tribunal. The early conciliation process can extend your time limit, but you still need to contact ACAS within the original three-month deadline.
The message here is simple: if you think you might have a claim, don’t delay. Get advice quickly and make sure you don’t miss the deadline.
Early Conciliation With ACAS
Before you can submit a tribunal claim, you must go through early conciliation with ACAS (Advisory, Conciliation and Arbitration Service). This is a mandatory step, but it’s also often helpful.
How it works:
1. You contact ACAS and explain your situation
2. ACAS contacts your employer to see if they’re willing to try to resolve the dispute
3. If your employer agrees, ACAS will try to help you reach a settlement
4. If your employer refuses or you can’t reach agreement, ACAS will issue you with a certificate
5. You need this certificate to submit your tribunal claim
Benefits of early conciliation:
– It’s free and confidential
– It can be quicker than going to tribunal
– You might reach a settlement that gives you what you want without the stress of a hearing
– It can help clarify the issues and your employer’s position
– It extends your time limit for submitting a tribunal claim
You can start early conciliation through gov.uk or by calling ACAS directly.
Preparing Your Tribunal Claim
If early conciliation doesn’t resolve your dispute, you’ll need to prepare your tribunal claim. This is a formal legal document, so it’s important to get it right.
The ET1 form: Your claim is submitted using form ET1. You can complete this online through the government’s tribunal service website. The form asks for:
– Your personal details and employment information
– Details of your employer
– What type of claim you’re bringing
– The facts of your case
– What remedy you’re seeking
Writing your case: The most important part is explaining what happened and why you believe it was discrimination. You need to:
- Set out the facts chronologically
- Explain clearly how you were treated unfavourably
- Show the connection between the treatment and your pregnancy
- Describe the impact this has had on you
- Specify what remedy you want (compensation, reinstatement, etc.)
Evidence: You should attach key evidence to your claim, such as:
- Employment contract and job description
- Emails and letters relating to the discrimination
- Witness statements
- Medical evidence if relevant
- Evidence of financial losses
For professionally written tribunal claim templates that ensure you cover all the essential points and present your case in the strongest possible way, check out our bank of workplace templates at motherswhowork.co.uk/mumslegalfriend.
The Hearing Process
If your case doesn’t settle, it will go to a hearing. This is where a tribunal panel (usually consisting of a judge and two lay members) will hear evidence from both sides and make a decision.
Before the hearing:
- You’ll receive a bundle of all the relevant documents
- You should prepare your witness statements and any additional evidence
- You might want to visit the tribunal building beforehand to familiarise yourself with the layout
- Consider whether you want representation (a solicitor or barrister to represent you)
At the hearing:
- You’ll give evidence and be cross-examined by your employer’s representative
- Your witnesses will give evidence
- Your employer’s witnesses will give evidence and you can cross-examine them
- Both sides will make closing arguments
- The tribunal will consider their decision
The decision: The tribunal might give their decision on the day, or they might reserve their decision and send it to you in writing later. If you win, they’ll also decide what remedy you should receive.
Types of Compensation Available
If you win your tribunal case, you could be awarded several types of compensation:
Financial losses: This covers money you’ve lost because of the discrimination, such as:
- Lost wages if you were dismissed or forced to resign
- Lost bonuses or commission
- Lost pension contributions
- Costs of finding new employment
Future losses: If the discrimination has damaged your career prospects, you might get compensation for future losses, such as:
- Reduced earning capacity
- Lost promotion opportunities
- Ongoing impact on your career progression
Injury to feelings: This compensates you for the emotional distress caused by the discrimination. Awards are divided into bands:
- Lower band (£1,100 – £11,200): For less serious cases
- Middle band (£11,200 – £33,700): For serious cases
- Upper band (£33,700 – £56,200): For the most serious cases
Aggravated damages: If your employer’s conduct was particularly bad (for example, if they conducted a sham investigation or made false allegations against you), you might get additional compensation.
Interest: You’ll also receive interest on your award from the date of the discrimination.
Representing Yourself vs Getting Legal Help
One of the big decisions you’ll need to make is whether to represent yourself or get professional legal help.
Representing yourself (being a “litigant in person”):
Pros: Saves money on legal fees; you know your case better than anyone; tribunals are designed to be accessible to non-lawyers
Cons: Can be stressful and overwhelming; you might miss important legal points; cross-examining witnesses can be difficult
Getting legal representation:
- Pros: Professional expertise; someone to handle the stress and complexity; better chance of success
- Cons: Can be expensive; you’re less directly involved in the process
Funding options for legal representation:
– Legal aid (very limited for employment cases)
– Trade union funding if you’re a member
– Legal expenses insurance (check if you have this through home insurance, etc.)
– Conditional Fee Arrangements (CFAs) – “no win, no fee” arrangements
– After the Event (ATE) insurance to cover the other side’s costs if you lose
Common Mistakes to Avoid
Here are some common pitfalls that can weaken your case or cause problems:
Missing deadlines: This is the big one. Missing the three-month deadline usually means you lose your right to bring a claim entirely.
Poor record-keeping: Not keeping proper records of what happened makes it much harder to prove your case. Start documenting everything as soon as problems begin.
Not following your employer’s procedures: If you don’t raise a grievance or follow your employer’s complaints procedure, it might affect your compensation (though it won’t stop you bringing a tribunal claim).
Exaggerating your case: Stick to the facts. Tribunals are experienced at spotting exaggeration, and it will damage your credibility.
Not getting medical evidence: If the discrimination has affected your health, get medical evidence to support this. It can significantly increase your compensation.
Settling too quickly: Don’t accept the first settlement offer without getting advice. Initial offers are often much lower than what you might get at tribunal.
Professional Templates and Support
Having professional, well-written documents can make a significant difference to the success of your tribunal claim. Tribunals see hundreds of cases, and those that are well-prepared and professionally presented tend to be taken more seriously.
Our bank of workplace letter templates at motherswhowork.co.uk/mumslegalfriend includes comprehensive templates for every stage of the tribunal process:
Tribunal Claim Templates (ET1): Professionally written templates that help you present your case clearly and comprehensively. These templates ensure you cover all the essential legal points and present your evidence in the most compelling way.
Witness Statement Templates: Structured templates that help you and your witnesses provide clear, relevant evidence that supports your case.
Settlement Negotiation Letters: Templates to help you negotiate effectively if your employer makes a settlement offer, ensuring you consider all relevant factors.
Appeal Templates: If you need to appeal a tribunal decision, our templates help you identify and present grounds for appeal effectively.
Each template comes with detailed guidance notes explaining exactly how to use it, what information to include, and how to adapt it to your specific circumstances.
Your Next Steps
If you’re considering bringing a tribunal claim for pregnancy discrimination, here’s what you should do:
1. Check the time limits: Make sure you’re within the three-month deadline. If you’re close to the deadline, act immediately.
2. Gather your evidence: Collect all relevant documents, emails, and other evidence. Start preparing witness statements.
3. Contact ACAS: You must go through early conciliation before you can submit a tribunal claim.
4. Get legal advice: Even if you can’t afford full representation, try to get initial advice on the strength of your case.
5. Consider your objectives: Think about what you want to achieve and whether a tribunal claim is the best way to get it.
6. Prepare your claim carefully: Use professional templates and guidance to ensure your claim is as strong as possible.
7. Look after yourself: Tribunal cases can be stressful. Make sure you have adequate support.
Remember, bringing a tribunal claim is a significant step, but it’s sometimes the only way to get justice when you’ve been discriminated against. The law is on your side, and with proper preparation and the right support, you have a good chance of success.
Pregnancy discrimination is illegal, and employers who engage in it should be held accountable. By bringing a claim, you’re not just fighting for yourself – you’re helping to make workplaces fairer for all pregnant women.
For professional legal templates and comprehensive guidance on every aspect of tribunal claims and workplace rights, visit motherswhowork.co.uk/mumslegalfriend. You deserve fair treatment, and the law is there to protect you.
This guide provides general information about employment tribunal claims for pregnancy discrimination and should not be considered specific legal advice. For advice about your particular situation, consult a qualified employment solicitor. For professional legal document templates and comprehensive guidance on tribunal claims and workplace rights, visit motherswhowork.co.uk/mumslegalfriend.
