Adoption - A Woman's Rights

Employers are reminded that women who are planning to adopt a child have similar rights as regards protection from unfavourable treatment as employees who are pregnant.

This was illustrated by a landmark decision of the Employment Tribunal (ET). Anna Coulombeau joined Enterprise Rent-A-Car (UK) Ltd. in 2004. She was enthusiastic about her job, received excellent appraisal reports and was promoted to the position of manager. In autumn 2005, she started attending courses to prepare for adopting a child. Shortly after this, she was summoned to two disciplinary hearings and was sacked for gross misconduct. Her appeal to the company against this decision was turned down.

Ms Coulombeau therefore brought a claim for unfair dismissal and sex discrimination. The ET heard that her manager was unhappy because she would be taking time off work for adoption leave. She had been dismissed for making minor mistakes whereas male colleagues had only been reprimanded for making the same errors. The ET held that Ms Coulombeau’s dismissal had been orchestrated and upheld her claims.

Adoption leave is available so that someone who adopts can take paid time off work to care for the child. An employee qualifies for adoption leave if they have worked for the employer for 26 continuous weeks. An employee who is entitled to adoption leave will also normally be entitled to statutory adoption pay for the first 39 weeks after the child is placed for adoption. Paternity leave and pay may be available to that person’s partner.

Click here for further information on adoption leave and pay.