Patterson v WM Morrisons Supermarkets Limited – mother awarded £60,000 having been subject to discrimination by Morrisons for exercising her right to maternity leave

The employment tribunal found that Morrisons had treated Ms Patterson unfavourably in the manner is consulting her about a restructure which affected her job because she was exercising her right to maternity leave. She was also found to have been unfairly dismissed (she resigned due to the treatment she received after she returned to work post maternity leave) and subject to a detriment after maternity leave because of her redeployment which placed her at a disadvantage compared to male employees. She was awarded just over £60,000 in compensation which included circa £57,000 for the discriminatory conduct.

What should businesses consider?

The laws around pregnancy and maternity can be complex. Employers should consider the following:

• provide training (particularly for line managers) on the legal obligations when dealing with pregnant employees
• ensure that pregnancy and maternity policies and procedures are kept up to date and implemented to ensure women’s maternity and pregnancy rights at work are protected including issues around breastfeeding, health and safety and flexible working
• make sure the appropriate risk assessments are accurate and completed correctly
• meet with the pregnant employee before her maternity leave starts to understand how, when and how often she would like to be kept in touch, about what and with whom
• take specialist advice when pregnant employees or employees on maternity leave are potentially at risk of redundancy or likely to be affected by a restructure or raise complaints about their treatment

If you would like to discuss any of the above s or require any assistance with managing the risk of potential discrimination claims, please contact one of our Employment experts on 0161 832 3434.