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New Report Sheds Mild on Being pregnant and Maternity Discrimination

In an ever-evolving enterprise panorama, the welfare of workers continues to be on the forefront of accountable management.

A latest survey by Pregnant Then Screwed, encompassing the experiences of over 24,000 mother and father, has revealed the extent of  being pregnant and maternity discrimination. The implications for enterprise homeowners are clear, and understanding the complete scope of authorized obligations and potential dangers is paramount.

The findings included:

  • 52% of moms confronted some type of discrimination when pregnant, on maternity go away or when returning to work.
  • 20% of moms left their job following a unfavourable or discriminatory expertise.
  • 64% of pregnant girls obtained hurtful feedback about their look.
  • 10% of girls had been bullied or harassed when pregnant or returning to work.
  • 7% of girls misplaced their jobs for varied causes.

The Enterprise Danger

The figures above translate to vital enterprise danger publicity. The UK has stringent protections for pregnant girls and new moms, however ignorance or neglect of the laws can result in pricey Employment Tribunal claims, reputational harm that may have an effect on your model’s integrity and the lack of beneficial skills and abilities.

What You Must Know – Key Rights and Protections

  • The suitable to day without work for ante-natal appointments.
  • As much as 52 weeks’ statutory maternity go away no matter size of service.
  • The suitable to return to the identical or comparable job.
  • Relying on size of service and wage, the proper to statutory maternity pay or maternity allowance.
  • Intensive well being and security safety whereas pregnant or breastfeeding.
  • Redundancy safety the place there’s precedence for appropriate, various employment for an worker who’s on maternity, adoption, or shared parental go away over different people liable to redundancy the place a emptiness exists.
  • Crucially, the Equality Act 2010 prohibits discrimination, harassment and victimisation in relation to 9 “protected traits” certainly one of which is being pregnant and maternity. The Act additionally protects job candidates and recruitment must keep away from discrimination and acutely aware or unconscious bias. So, don’t ask a few girl’s plans to have youngsters or about her childcare preparations or resolve to not appoint somebody as a result of they’re pregnant. No size of service is required for a discrimination declare and compensation is limitless. There’s additionally a separate award for harm to emotions.
  • The Employment Rights Act 1996 protects girls from detriment regarding being pregnant, childbirth or maternity and any dismissal for a cause related with these is mechanically unfair. No qualifying interval of service is required in contrast to an “strange” unfair dismissal declare the place two years’ service is required.

Employers should be conscious that new rights might be launched sooner or later.

  • The Employment Relations (Versatile Working) Act 2023 is anticipated to be applied in summer season 2024. Workers will be capable of make two requests in every 12-month interval relatively than one. Employers should seek the advice of with workers earlier than rejecting a request and might want to take care of it in two months relatively than three. Not included within the Act, however anticipated to be launched on the identical time, is making the proper to request versatile working a day one proper (26 weeks’ steady employment is required at present).

The Safety from Redundancy (Being pregnant and Household Depart) Act 2023 will prolong the currentredundancyprotection so {that a} mom getting back from a 12 months of maternity go away can obtain six months’ further redundancy safety. There’s at present no date for this alteration.

Reworking Challenges into Alternatives

Whereas these new findings are disconcerting, additionally they current a chance for forward-thinking leaders. Many employers wish to assist pregnant workers or these on – or getting back from – maternity go away as a result of they worth and wish to retain their expertise and abilities. That is more and more essential at a time of a abilities scarcity and a aggressive job market. This proactive method is not only moral; it’s strategic and sends a strong message about your organisation’s values and dedication to worker wellbeing.


Hannah Waterworth

Hannah Waterworth is an employment solicitor in Blake Morgan’s Employment, Pensions, Advantages and Immigration crew.