“Urgent action” is needed to give new and expectant mothers more protection at work after a “shocking” increase in discrimination, MPs have said. The Women and Equalities Committee is calling for a German style system, where it is harder to make women redundant during and after pregnancy.
In Germany, from the beginning of pregnancy until four months following childbirth, employers can only dismiss an employee in very rare cases – such as the company going bankrupt – and it needs government approval to do so. In the UK, although it is illegal to dismiss a woman for reasons relating to having a child, a company can find ‘other reasons’ for making her redundant.
Other recommendations from the report include more protection for casual, agency and zero-hours workers and making it easier for women to attend antenatal appointments. It also suggested a “substantial reduction” in the £1,200 fee for women taking a pregnancy-related discrimination case to an employment tribunal – and recommended the three-month limit on taking cases to a tribunal should be doubled to six months.
The report cited research from the former Department for Business, Innovation and Skills and the Equality and Human Rights Commission, which found that 11% of women reported being either dismissed, made redundant when others in their workplace were not, or treated so poorly they felt they had to leave their job. The number of expectant and new mothers forced to leave their jobs has almost doubled to 54,000 since 2005, it said.
Business Minister Margot James said: “It is completely unacceptable that pregnant women and new mothers are apparently being forced to quit their jobs because of outdated attitudes. Tackling this issue is a key priority of mine and this government”.
The apparent increase in dismissals of new and expectant mothers may be due to changes in the law that the Government has made over the last few years. Some employers are now more confident that the dismissed mothers will not do anything about the situation, due to the high level of tribunal fees and the cap on unfair dismissal compensation (if discrimination cannot be proved).
Peter Stanway, our BackupHR™ legal expert comments:
We would be surprised if, in the current climate, the Government were to follow the committee’s recommendation. Employers would undoubtedly cry ‘foul’ and it comes at a time when the Government is trying to support business, not put more hurdles in the way. There is sadly, still a gap between anti-discrimination promises made within policy, and the everyday experiences of pregnant workers. Pregnancy discrimination is commonplace in our society and it occurs regardless of occupational status. Besides the damage this discrimination causes to women’s self-confidence and earnings potential, there is a resultant loss of value for employers.
Discrimination legislation is well-covered by employment law in the UK, but many employers get away with ignoring it. As an employer you should:
- Encourage a supportive and inclusive culture so that people’s behaviour reflects the right values and behaviour around diversity,
- Review how you recruit, retain and develop female talent, and how to improve workplace practices that enable women returners to feel welcomed back
- Make the most of Keeping in Touch (KIT) days, which are voluntary as they are an effective means of reinforcing commitment from the employee to their employer and vice versa
- Communicate your commitment via good policies and your actions
- Very carefully scrutinise any suggestion from line managers that they need to re-organise/reduce the size of their department, resulting in putting a pregnant woman or woman on maternity leave at risk of redundancy.
Social expectations around diversity and equality in the workplace are changing so employers need to make sure they are not out of step with this reality.
The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.
