Introduction:
The recent judgement made in the Employment Tribunal case of Mrs. E Scott v Royal & Sun Alliance Insurance Ltd (2024) serves as a reminder of the ongoing challenges that can be faced by pregnant employees in the workplace. This case highlights the legal protections afforded to pregnant employees under the Equality Act 2010 and underscores the serious consequences that employers may face if they fail to uphold these protections. This case cost the employer over £40,000.
Background of the Case:
Mrs. E Scott was employed as a claim’s handler at Royal & Sun Alliance Insurance Ltd. During her employment, she became pregnant and informed her employer of her pregnancy. Following this disclosure, Mrs. Scott experienced a noticeable shift in her treatment at work. She was excluded from key meetings, denied professional development opportunities, and assigned unachievable targets. Moreover, her reasonable requests for adjustments due to her pregnancy were either ignored or significantly delayed. These actions led Mrs. Scott to believe that she was being treated unfavourably due to her pregnancy.
The Legal Challenge:
Mrs. Scott brought her case before the Employment Tribunal, alleging direct discrimination based on her pregnancy, in breach of the Equality Act 2010. She argued that the unfavourable treatment she received was directly related to her pregnancy and had a detrimental impact on her mental health, causing significant stress and anxiety.
In defence, Royal & Sun Alliance Insurance Ltd claimed that any changes in Mrs. Scott’s workload or treatment were the result of company-wide restructuring and were not related to her pregnancy.
Tribunal Findings:
The Employment Tribunal found in favour of Mrs. Scott, determining that the treatment she received was indeed discriminatory and directly linked to her pregnancy. The tribunal noted that her treatment starkly contrasted with that of her non-pregnant colleagues, particularly in how workload management and professional development opportunities were handled. The tribunal was also critical of the company’s failure to promptly address Mrs. Scott’s requests for reasonable adjustments, which it determined had exacerbated her stress and anxiety.
Outcome and Compensation:
The tribunal awarded Mrs. Scott a total of £45,000 in compensation. This sum included damages for injury to feelings, loss of earnings, and compensation for the stress and anxiety caused by the discriminatory treatment. This outcome serves as a significant reminder to employers about the importance of adhering to the legal protections provided under the Equality Act 2010.
Key Learnings for Employers:
Understanding the Equality Act 2010: Employers must be aware that under the Equality Act 2010, any unfavourable treatment of an employee due to pregnancy is illegal. This includes direct discrimination, as well as failure to make reasonable adjustments for pregnant employees.
Proactive Adjustment Requests: Employers should handle requests for reasonable adjustments promptly and fairly. Delays or refusals can lead to claims of discrimination and exacerbate any harm caused to the employee while a proactive approach can help when there is situations we cannot approve a requested adjustment.
Training and Awareness: It is crucial for employers to ensure that all managers and HR personnel are adequately trained on the rights of pregnant employees. This includes understanding the legal requirements and the potential risks associated with non-compliance – Wirehouse offers training that can be hugely beneficial for our clients.
Avoiding Unfavourable Treatment: Employers should be vigilant in ensuring that pregnant employees are not subjected to any form of unfavourable treatment, whether intentional or not. This includes ensuring that they are not excluded from key opportunities or placed under undue pressure due to their pregnancy.
Documenting Decisions: To protect against claims of discrimination, employers should carefully document all decisions made regarding pregnant employees, including the reasons for any changes in workload, responsibilities, or other employment terms and follow a fair process.
Conclusion:
The case of Mrs. E Scott v Royal & Sun Alliance Insurance Ltd underscores the vital importance of treating pregnant employees with fairness and respect. Employers must ensure that they are fully compliant with the legal requirements set out in the Equality Act 2010, not only to avoid costly litigation but to foster an inclusive and supportive workplace culture. This case serves as a powerful reminder that discrimination, in any form, has no place in the modern workplace and the risk is there to see should this occur.
HR and Employment Law can be extremely tricky to navigate through and when a business does not have an in house solicitor it can prove very difficult to abide by and keep up to date with the latest employment law legislation and caselaw. Employment Law issues can soon snowball if they are not dealt with effectively and a lack of knowledge of employment law and the various pitfalls it can throw up could leave your business or organisation exposed.. If you need more information about the upcoming changes or how we can help and protect your organisation please visit our website: https://wirehouse-es.com/, call us on 03333 215 005 or directly email us via: info@wirehouse-es.com.
