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Tackling pregnancy and maternity discrimination

February 27, 2018

The Equality and Human Rights Commission have recently published new statistics that reveal some British employers are ‘living in the dark ages’ and have worrying attitudes towards unlawful behaviour when it comes to recruiting women. They have found that in some businesses their attitudes are decades behind the law.

The survey revealed:

  • Six in 10 employers agreed a woman should have to disclose whether she is pregnant during the recruitment process
  • Half of the employers felt it was reasonable to ask women if they have young children during the recruitment process
  • 44% of employers agree that women should work for an organisation for at least a year before deciding to have children
  • 40% of employers claim to have seen at least one pregnant woman in their workplace ‘take advantage’ of their pregnancy
  • 41% of employers agreed that pregnancy puts an unnecessary cost burden on the workplace
  • 44% of employers considered that women who had more than one pregnancy in the same job can be a burden on the team
  • One-third of those surveyed also believed that women who become pregnant and those with young children are less interested in career progression.

Under the Equality Act 2010 it is unlawful to treat women unfavourably because of maternity or pregnancy and yet the results of the survey show that employers’ attitudes are unfavourable to women.

We have been witnessing a seismic shift and growing movement to adjust attitudes towards women and what is and isn’t acceptable behaviour towards women.

SMEs can find it difficult to navigate areas around their responsibilities as an employer, due to the financial burden and lost productivity. The law however is clear, and if you discriminate against a woman due to maternity or pregnancy, the business could be at risk to claims of discrimination and even face employment tribunals.

Proactively tackling discrimination

Pregnancy and maternity policy – Have a clear and well communicated policy to ensure employees understand their rights and that managers are trained, so that from the outset of being informed by a member of staff they are pregnant, managers know how to manage the entire process, including whilst they are on maternity leave and how they will stay in touch.  

Provide training - for all staff on maternity and pregnancy awareness so that people understand what is discriminatory.

Don’t make assumptions and avoid stereotyping - about what women want, when they are pregnant or on maternity leave. For example, common assumptions about women who are pregnant or have a young family include, not having career aspirations, having more time off and being unreliable, these assumptions can lead to discriminatory decisions about these women in the workforce.

Women have cited being more likely to be passed over for promotion or being made redundant whilst on maternity leave. Employers need to ensure that non-discriminatory benchmarks are used when making redundancy decisions.

Working Forward - is a nationwide campaign to make workplaces the best they can be for pregnant women and new parents, it is backed by some of the UK’s leading businesses and industry bodies. It is free for employers to become a member and they will send resources and materials, sharing advice and knowledge. They are encouraging people to get in touch using #maternitywrongs to open a discussion on this subject.

Supporting women who are pregnant or on maternity leave is in the best interests of all organisations. Facilitating female returners by providing a supportive working environment with flexibility in the role, is conducive to encouraging women back to work earlier than they otherwise might, and can reduce the financial costs to the business.

It is important that businesses promote diversity and support all their employees. Forward thinking organisations who invest in and support their employees will improve morale, and increase productivity and retention.