- People
- Expertise
Our expertise
We are a team of more than 500 professionals, with the depth of experience which makes us genuine experts in our fields. Together, gunnercooke’s people have strength across just about every corporate discipline and sector. We provide legal, commercial and strategic advice that delivers real value to the clients we work with, which span from multinational enterprises through to unicorns and non-for-profit organisations. Our breadth of expertise covers some of the most interesting and important emerging disciplines, from ESG and charity law, to blockchain and competition.
Search by practice areaDispute ResolutionDispute Resolution OverviewMeet the Dispute Resolution TeamIntellectual Property DisputesFinancial Services & FinTech OverviewProceeds of CrimeEmployment TribunalTax InvestigationProperty Dispute ResolutionInsolvency DisputesMediationCivil Fraud & Asset TracingHealth & SafetyBusiness Crime & InvestigationsLitigation & ArbitrationInternational Arbitration - International
International Offices
gunnercooke has 12 offices globally including the UK, Scotland, US, Germany and CEE, with further plans for growth in the coming years. These offices enhance the existing in-house capability of our dedicated international teams and dual-qualified experts that cover China and Hong Kong, Spain, France, Italy, Brazil and Portugal. Our team has experience working across 101 different countries, speaking 30 languages and are dual-qualified in 15 jurisdictions. Our expertise means we can offer large teams to carry out complex cross-border matters for major international clients.
- Our story
Our story
gunnercooke is the fastest growing corporate law firm in the UK, now making its mark globally. We comprise a rapidly growing number of experts spanning legal and other disciplines. Clients benefit from flexible options on fees to suit their needs, access to a wider network of senior experts throughout the relationship, and legal advice which is complemented by an understanding of the commercial aspects of running a business.
- Reading Room
- News & Insights
New data from Pregnant then Screwed shows that over half of all mothers (52%) have faced some form of discrimination whilst pregnant, on maternity leave or when they returned to work.
Richard Linskell, a gunnercooke Employment Partner, discusses the legal issues behind maternity discrimination.
Why is it a company’s responsibility to prevent maternity discrimination?
Aside from the moral case for protecting women during and returning from maternity leave from dismissal and discrimination, as well as the business case for retaining talent in a tight labour market, the legal liability can be huge if employers don’t get it right.
What are the legal risks to firms if they don’t take action?
Employers who fail to comply with their legal obligations or who fail to protect women from prohibited treatment face the risk of sex discrimination claims, with uncapped compensation, as well as automatically unfair dismissal claims where the reason or principal reason for dismissal was connected with pregnancy, childbirth or maternity leave, including taking time off for antenatal care.
Uncapped compensation could be awarded for all losses and may include an award to injury to feelings of up to £56,200. Apart from the financial cost, the cost in lost management time, distraction from the day-to-day running of the business, negative impact on employee relations and organisational culture and, of course, legal costs, can be very damaging.
What are the laws that currently protect pregnant employees?
The main protections are contained in the Equality Act 2010 and the Employment Rights Act 1996. There is also a plethora of statutory instruments which expand on the obligations, including the Maternity and Parental Leave etc Regulations 1999.
Should legislation evolve to offer further protection?
Many have argued for greater protections for pregnant women. Recently a private members bill was passed into law which aims specifically to extend the protections for women taking or returning from maternity leave. The Protection from Redundancy (Pregnancy and Family Leave) Act 2023 will come into force on 6 April 2024 and will give those who are pregnant or returning from maternity or family leave priority for alternative employment in a redundancy situation. Some argue that this is still not enough and that there should be a complete bar on making women returners redundant for at least a year after returning.
How can HR create a strategy to stop discrimination?
HR has a key role in protecting employees and the company by ensuring compliance with the legal obligations. This involves not only making sure that the decisions HR is involved in are compliant, but also ensuring that managers throughout the organisation understand the employer obligations. Too often the relationship breaks down before HR becomes involved or even aware of it, by managers who take decisions or fail to understand the impact of their actions regarding returning employees, for example in performance management discussions or even a lack of sensitivity to the demands on a new mother.
To contact Richard, or read more about his practice, click here.
