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Tackling Pregnancy and Maternity Discrimination

It is a sad fact that pregnancy and maternity discrimination are still all too prevalent in the workplace.

Extent of the Problem

Recent figures from the Equality and Human Rights Commission suggest that 77% of pregnant women and new mothers are the victims of negative and potentially discriminatory treatment at work every year. This equates to as many as 390,000 women. Around 11%, or 54,000 women, are forced out of their jobs as a result of this discrimination.

Costs of Discrimination

Discrimination of this nature is illegal and can be devastating for the women concerned, but it also can be bad news for businesses.

The Commission estimates that forcing women out of work through pregnancy and maternity discrimination ultimately costs businesses around £280 million each year.

The losses to business were largely due to recruitment and training costs, and lost productivity. These could be even higher when reputational risks, loss of valuable staff, employment tribunals and longer-term productivity impacts are also included.

The women themselves can also suffer serious financial implications, amounting to as much as £113 million a year when they’re forced to leave their job. This includes those who felt so poorly treated they had to leave and those who were dismissed or (alone among their colleagues) made compulsorily redundant.

According to the Commission, women were most likely to be financially affected when they felt forced to leave their job at an early stage of their pregnancy, due to loss of earnings.

The research finds that women who keep their jobs still report a financial loss due to pregnancy discrimination of up to £34 million in total over the following year. This includes failing to gain a promotion, having their salary reduced, being demoted and receiving a lower pay rise/bonus than they would otherwise have secured.

Working Forward

To help tackle the problem, the Commission has spearheaded a new coalition, Working Forward, together with leading British businesses, which aims to promote good practice with regards to maternity and pregnancy rights and to highlight the economic benefits to be gained from retaining the talent and experience of their female employees.

The Commission recently announced that 100 businesses have now signed up to the coalition.

“Businesses are quite rightly taking this issue seriously and recognising that female talent is absolutely critical to the UK economy,” commented Caroline Waters, Deputy Chair of the Equality and Human Rights Commission. “Now with 100 businesses pledging to take action and joining Working Forward, we have a strong coalition to ensure working environments benefit everyone.” 

“However the battle is not yet over; each of us must drive the change that will eliminate the unfairness that discrimination during pregnancy and maternity creates for thousands of women every year,” she added.

The Commission has also recommended that a review be carried out of access to justice for women who have experienced pregnancy or maternity discrimination. It has also called on the Government to extend the time limit for making an employment tribunal claim to six months for cases relating to pregnancy and maternity and to ensure that fees are not a barrier to women taking these cases forward.

Contact Us

For expert legal advice on maternity and pregnancy discrimination, or other areas of employment law, then contact our specialist employment lawyers today.

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