Pregnant Teacher Discriminated Against During Pandemic

Mrs C Parton v The Newman Catholic Collegiate: 1301531/2021

The tribunal's ruling in this case stresses the need for employers to respect the rights and safety of pregnant employees, especially during challenging times like the Covid-19 pandemic.

The Facts

An employment tribunal has found that St Peter’s Catholic Academy discriminated against Mrs. Parton, a teacher who was 34 weeks pregnant, by pressuring her to return to the classroom during the Covid-19 pandemic.

After informing the school of her pregnancy in June 2020, Parton, who was classified as clinically vulnerable, continued her classroom duties until Tier 4 restrictions were imposed in December. Concerned for her safety, she requested to work from home, citing updated guidance for pregnant women after 28 weeks. Despite her concerns, Headteacher Mrs. Snee insisted that Parton return to school, warning that any absence would be treated as unauthorised unless she began maternity leave early. Parton’s refusal led to deductions from her pay for missed work.

Judgment

The tribunal ruled that St Peter’s Catholic Academy’s actions breached the Equality Act, the Employment Rights Act, and the Maternity and Parental Leave Regulations. The tribunal concluded that Mrs. Parton experienced detriment due to her pregnancy, finding that the school’s pressure for her to return to the classroom was discriminatory and unfair.

Commentary

This case highlights the importance of employers understanding and adhering to employment laws, particularly concerning the protection of pregnant employees. It underscores the need for employers to respect the safety and legal rights of staff during challenging times, such as the Covid-19 pandemic. If you encounter similar issues or discrimination at work, it’s crucial to know your rights.

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Magara law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.