Wrong forum Equality Act 2004 and being treated unfairly on return to work from maternity leave

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aisling o'b

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Hi,

I am happy to outline my own particular experience of returning to work only to feel that I am suffering financially and professionally as a result of having taken maternity leave. However, first, I'd be obliged if somebody could interpret this paragraph of the Equality Act 2004 for me.

“(2A) Without prejudice to the generality of subsections (1) and (2)**, discrimination on the gender ground shall be taken to occur where, on a ground related to her pregnancy or maternity leave, a woman employee is treated, contrary to any statutory requirement, less favourably than another employee is, has been or would be treated.”,

** Subsections (1) and (2) refer to general discrimination without specific reference to maternity/pregnancy.

I clearly understand subsection 2A without the bold piece "contrary to any statutory requirement". Does this mean, that they must be disciminating against me for having been on maternity leave AND also denying me a statutory right?

In other words, can they say 'you don't get access to the Chritmas Party because we sent the invitations out when you were on maternity leave. Other men and women who were here during the period you were on leave will get access to he party. The Christmas party is clearly not a statutory right so they are in their rights?

It is not a Christmas Party at stakes here obviously!

In summary, what does the bold bit of this provision mean?

Many thanks.
Aisling
 
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