Category Archives: pregnancy discrimination

Research into Pregnancy and Maternity Discrimination

pregnancy discrimination

Source: Free Digital Images

It was announced late last year that the Equality and Human Rights Commission (EHRC) is to conduct research into pregnancy and maternity discrimination in the UK.  This will bring the data up to date as the last time research was conducted was in 2005.  It was discovered then that millions of pounds were lost to women in terms of maternity pay as they were dismissed before they could claim it.

From my own experience I would say that pregnancy and maternity discrimination is rife in the UK as I am often contacted by women who are receiving unfair treatment in the workplace whilst they are expecting a baby or are on maternity leave.  Often coming back to work is difficult particularly when flexible working is requested.   Some employers have even said to me off the record that they would not employ a young woman for fear of her going off on maternity leave.

Employment tribunal figures will add weight to my own experience showing that workplace discrimination is increasing. The 2011/2012 annual statistics record that there were 10,800 sex discrimination claims with an additional 28,800 equal pay claims and 1,900 pregnancy related claims. This picture will more than likely be reflected in the e 2012/2013 statistics.  The quarterly statistics for April to June 2013 revealed a 40% increase in sex discrimination claims in that period.

It does not help that the leader of UKIP, Nigel Farage, has recently announced the abolition of maternity pay if the party came to power and that women who take time off to have children are worth less to their employers.  Hardly the views of a progressive political leader in tune with the progressive  modern day thinking.

With the one million pound budget researchers will look at employment practices in the workplace in relation to pregnant women or those on maternity leave to gauge the extent of unequal and unfair treatment to seek the causes and effects. The effect on families and the economy will be examined.

From the findings of the research project the EHRC will assess how best to raise awareness of pregnancy and maternity rights.

 

Pregnancy and Maternity Discrimination – The Reality

In 2005 the former Equal Opportunities Commission (now the Equalities and Human Rights Commission) conducted a formal investigation into pregnancy discrimination. Their final report found that the main areas of unfair treatment during pregnancy were denial of a pay increase, refusal of promotion, having to take lower-paid work, being excluded from training and refusal of time-off for ante-natal care.
The Equality Act 2010 introduced protection from discrimination related to pregnancy and maternity leave. To show discrimination a woman does not have to compare herself to how a man might have been treated. She must show that ‘but for’ her pregnancy she would not have been dismissed or treated less favourably. All employees, casual workers, agency workers, freelancers and self-employed women are protected by sex discrimination law from day one of their employment.  Employees are also protected from detriment or dismissal on the grounds of pregnancy or maternity leave  in accordance with the Employment Rights Act 1996 and Maternity and Parental Leave etc Regulations 1999.  
An employer must not:
  • Treat a pregnant woman less favourably for a reason related to her

 

  • pregnancy, pregnancy related absence or absence on maternity leave. It is

 

 

  • discrimination to dismiss, make redundant or otherwise treat her less favourably,

 

 

  •  eg in relation to a pay rise, promotion, training;

 

 

  • Select a woman for redundancy for a reason related to her pregnancy, the consequences

 

 

  • of her pregnancy or absence on maternity leave;

 

 

  • Select a woman for redundancy because she is working part-time or flexibly unless there

 

 

  • are very good objective reasons;

 

 

  • Treat a pregnant woman less favourably because of pregnancy related absence

 

Women who are pregnant or on maternity leave also have the right to health and safety protection and the right to reasonable paid time off for ante natal care along with 52 weeks maternity leave and maternity benefits if the woman qualifies.
However despite the steady stream of legislation to protect women’s rights in this area,  it seems things have not changed.  According to a recent report conducted by Working Families, pregnant women continue to be discriminated against.  With the economic downturn has come a rise in the number of calls to the organisation from women facing maternity or pregnancy discrimination such as:
  • being singled out for redundancy
  • not being offered suitable alternative employment as part of the redundancy procedure, being dismissed from employment on the day they inform their employer of their pregnancy, or very soon after,
  • being selected for redundancy with the suggestion that pregnancy is the reason,
  • wishing return to work part time but have to leave employment instead because their employer refuses to allow them to work part time
  • finding their jobs have gone on returning from maternity leave

One woman contacted the organisation who was 28 weeks pregnant and was told she would be made redundant the next month. She was the only one of seven staff to be selected for  redundancy and was given no reasons why.  When asked why she thought she had been  selected she said “My employer doesn’t want to pay SMP” (Maternity pay).

Another organisation, Maternity Action, have reported that pregnant women or those on maternity leave have been given no reason why they have been selected for redundancy or were given reasons that were tantamount to discrimination such as preferring full time employees.  Others were not offered health and safety protection during pregnancy or maternity leave.   
A recent high profile employment tribunal case further highlights the issues.   A female employee of the company that was the first employer of the Duchess of Cambridge, alleged that when she told her male boss that she was pregnant for the third time in three years, she was told “it really isn’t ideal.” Furthermore she alleged she was “vetoed” for the position of chief financial officer on the same day she announced her pregnancy. She claimed sex discrimination, unfair dismissal and discrimination on the grounds of maternity.
Alan Sugar,  the influential business leader, has publicly commented that he feels maternity laws have gone too far, which does not help matters. 
However protecting women who are pregnant or on maternity leave encourages women’s participation in the workplace and adds to diversity and the talent pool – it therefore makes good business sense. Discrimination exposes employers to the threat of legal action with unlimited compensation in an employment tribunal as well as the risk of a damaged reputation.