If you are stuck in such a situation, here is what to do.

Ms. Amelia Sharma, a successful account manager for a multinational technology firm, “Innovate Systems Ltd,” based in Manchester, recently shared her experience. After she joyfully informed her line manager and HR department that she was pregnant, the workplace atmosphere shifted dramatically. Within weeks, her client portfolio, which she had built over several years, was reduced by over 80%, with her most lucrative accounts being reassigned to a junior colleague. Shortly thereafter, she was unexpectedly placed on a formal Performance Improvement Plan (PIP). The plan cited vague and unsubstantiated claims of underperformance, despite her having received a glowing annual review just months prior. The end date for this PIP coincided suspiciously with the week her maternity leave was scheduled to begin, leading her to believe it was a pretext for terminating her employment.

Advice in such cases

If you find yourself in a situation similar to Ms. Sharma’s, it is crucial to act methodically and protect your legal position. The treatment described could amount to unlawful discrimination.

• Document Everything: Keep a detailed written record of all incidents, including dates, times, locations, individuals involved, and what was said or done. Save all relevant emails, performance reviews, internal communications, and notes from meetings.
• Formal Grievance: Raise a formal written grievance with your employer’s HR department, clearly outlining the facts and stating that you believe you are being subjected to unfavourable treatment because of your pregnancy. This creates an official record and gives the employer a chance to rectify the situation.
• Consult with a Lawyer: The very basic and important step to start is to talk to a lawyer/solicitor who specialises in employment law. You should not hesitate in paying their consultation fee, which might be in the range of £100 to £400, depending on the case. They are helping you in this situation to come out. They are experts in the domain and can help you explain the procedure which you might have never explored.
• Do Not Resign: It is generally advisable not to resign from your post, as this can complicate your legal position. If the situation becomes untenable, your solicitor can advise on a potential claim for constructive dismissal.

Applicable Sections of Law

In the United Kingdom, the primary legislation that protects against this type of treatment is the Equality Act 2010.

• Section 18 of the Equality Act 2010: This section specifically deals with pregnancy and maternity discrimination. It makes it unlawful for an employer to treat a woman unfavourably during the “protected period” because of her pregnancy or because of an illness suffered as a result of her pregnancy.
• The Protected Period: This period begins when a woman becomes pregnant and ends when her maternity leave finishes, or when she returns to work, whichever is later.
• Unfavourable Treatment: Unlike other forms of discrimination, for pregnancy and maternity discrimination, a woman does not need to show that she was treated less favourably than a male or non-pregnant female colleague. She only needs to demonstrate that she was treated “unfavourably” and that this treatment was *because of* her pregnancy. Placing someone on an unsubstantiated PIP or reducing their responsibilities shortly after a pregnancy announcement are classic examples of unfavourable treatment.

If you are the complainant

As the person making the complaint, your primary role is to build a clear and evidence-based case. Follow your company’s internal grievance procedure meticulously. Present your evidence in a calm, professional, and organised manner. Your goal during the internal process is to resolve the issue, but also to create a strong record should the matter need to proceed to an Employment Tribunal.

If you are the victim

Experiencing discrimination, especially during pregnancy, can be incredibly stressful and emotionally draining. It is vital to seek support from friends, family, or professional organisations. Remember that the law is on your side to protect you from such treatment. Focus on gathering your evidence and seeking expert legal advice early. Your well-being is paramount, so do not feel pressured into making any rash decisions about your employment.

How the police behave in such cases

Employment discrimination is a civil matter, not a criminal one. Therefore, the police would have no involvement in such a case. The correct forum for resolving these disputes is an Employment Tribunal, after an initial mandatory step of contacting the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation.

FAQs people normally have

What evidence is required?

Strong evidence is key. This can include:

• Emails and other written correspondence with your employer about your pregnancy, performance, and the changes to your role.
• Copies of your previous positive performance appraisals or reviews.
• A detailed timeline or diary of events.
• Statements from any colleagues who may be willing to act as witnesses (though this can be difficult).
• The Performance Improvement Plan itself, which can be scrutinised for its legitimacy and fairness.

How long will the investigation take?

The timeline can vary significantly. An internal grievance process may take a few weeks. If unresolved, the next step is ACAS Early Conciliation, which can last up to six weeks. If a claim is then filed with the Employment Tribunal, it can take many months, sometimes over a year, for the case to be heard and a judgment given.

Advocate Sudhir Rao, Supreme Court of India