When is an expectant mother not pregnant?

Expectant working mothers can be considered ënot pregnantí in some circumstances under current employment law, according to a specialist solicitor.

Philip Hodges at North West solicitors Cuff Roberts, believes confusing situations may arise following a recent case involving the sacking of a pregnant woman whose employer was unaware of her pregnancy.

ìWhen is an expectant mother not pregnant? The answer ñ in the legal sense ñ appears to be when an employer doesnít know she is pregnant,î says Hodges.

The question arose during an employment appeal tribunal in the case of Ramdoolar v Bycity Limited.

ìOf course, it is unlawful to discriminate on the grounds that an employee is pregnant,î explains Hodges ìBut the issue in the Ramdoolar case was whether it is possible for an employer to discriminate against an employee on the grounds of a pregnancy if the employer has no knowledge of it.î

One reason given by the employer for the dismissal was the employeeís poor timekeeping, which could have been related to the pregnancy. However, in the Ramdoolar case it was accepted that the employer had no knowledge of the pregnancy.

The appeal tribunal looked at the practical problems facing the employer in establishing whether symptoms that could be pregnancy-related.

ìAsking the employee directly might well cause offence ñ whether the employee was pregnant or not ñ and the intrusion of privacy might itself be regarded as unlawful,î comments Hodges.

The appeal tribunal concluded that an employer must know about a pregnancy to discriminate against an employee on those grounds. The only possible exception would be where an employee shows symptoms of pregnancy which lead the employer to suspect she might be pregnant and then discriminates on the basis of that suspicion rather than actual knowledge of the pregnancy.


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