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The courts have long considered unfavourable or detrimental treatment of women on the grounds of pregnancy or maternity leave to be sex discrimination. Because this is now clarified in primary legislation claims can be brought more easily. The protection applies to ordinary and additional maternity leave, to job and vocational training applicants.

 

It is then vital that employers take no action to that may directly or indirectly discriminate against pregnant employees.  It is our experience that most such cases arise when the employer fails to maintain regular contact with the employee on maternity leave.  The best policy is for line manager's to regularly ring their staff but they need to be briefed in advanced.  No matter how inconvenient for them they must ensure that such staff are treated equally favourably as other workers.

 

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