Pregnancy Discrimination Controversy For Lloyds Bank

• Published date: 02 November 2023
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Unfair/ Wrongful Dismissal, Health & Safety
• Law Firm: Herrington Carmichael
• Author: Darren Smith and Bridget Bailey

In a recent case against Lloyds Bank plc, the Employment Tribunal found the Claimant, Ms Alicja Banks, was subject to pregnancy discrimination and was constructively unfairly dismissed after her pregnancy concerns were not taken seriously. This included that when expressing discomfort with her pregnancy, she was told by her line manager that "you should get used to feeling discomfort because you are pregnant".

Whilst Lloyds Bank has several leading equality policies, this has highlighted the importance of there being a collective effort from employers, employees, and policymakers to ensure these are advertised and followed to ensure that employees are fairly treated in the workplace.

Facts

Ms Banks worked as a Customer Service Advisor at Lloyds Bank. In April 2020 she discovered she was pregnant and informed her two line managers one month later. It is from this point that Ms Banks experienced a casual and dismissive attitude towards her needs.

The Tribunal was told about a series of discriminatory behaviours towards Ms Banks by her line managers, in relation to her pregnancy concerns. When requesting time off for appointments and scans Ms Banks was met with 'irritation and annoyance' from her line managers. On one telephone call regarding her absence, she was met with comments such as "what exactly seems to be wrong?", and "I have had a stressful morning", and "Let me know if you will be in, because I will have to find cover". This influenced Ms Banks' decision to return to work early during a period of sickness absence due to guilt, despite still feeling ill. Later that day she was referred to hospital due to the pain.

On advice from her doctor, Ms Banks requested extra toilet breaks while at work. In response she was told "you are not the only one with problems...you should hear what I am going through". She was then notified that prior to taking each toilet break, she was to ensure that two people were able to cover her before leaving, unlike any other employee. This left her feeling 'embarrassed and humiliated'. Ms Banks requested a further reasonable adjustment to have her chair replaced with one that was more supportive. Again, this had been recommended by her doctor to ease her pregnancy symptoms. Despite multiple assurances by her managers, the chair was never provided. The Tribunal found this further supported Ms Banks' view that her pregnancy related concerns were not being taken seriously.

As per Lloyds Bank's policy, Ms Banks was to have...