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More women suffering maternity discrimination at work, says report (1 September 2016)

Date: 01/09/2016
Duncan Lewis, Family Solicitors, More women suffering maternity discrimination at work, says report

A new government report on pregnancy and maternity discrimination has found that pregnant women and new mothers are still experiencing discrimination in the workplace.

More than three-quarters (77%) of the women surveyed by the Department for Business, Innovation and Skills (BIS) and the Equality and Human Rights Commission (EHRC) in 2015 reported at least one potentially discriminatory or negative experience, with 61% reporting two or more such experiences.

The House of Commons Women and Equalities Committee conducted a follow-up inquiry and report – and is calling for a system which would prevent employers from making pregnant women redundant, as well as those on maternity leave, except in specific circumstances.

The EHRC made its final recommendations to the government on the actions that should be taken to counter the discrimination revealed by the research in a report published on 22 March 2016, together with recommendations by the EHRC’s recommendations and the government’s response.
The government accepted – or accepted in principle – most of the recommendations and outlined the actions that it would take, or consider taking, as a result.

However, the response did not set out any specific targets or timelines – and did not go into detail about the actions that the government would take.

In the last ten years, the number of women forced to accept redundancy or give up their job because of safety concerns over their pregnancy has doubled.

An estimated 54,000 new and expectant mothers annually are now forced out of their job as a result of discrimination.

However, under the Equality Act 2010 – which establishes protected characteristics – it is unlawful for an employer to discriminate against a woman because of her pregnancy, pregnancy-related sickness, or maternity leave.

The sort of discrimination which might constitute a claim might involve dismissal, redundancy or removal of responsibilities – as well as withholding a bonus or being passed over for promotion because of pregnancy or maternity leave.

Employers also have a legal duty under health and safety law to assess the health of those working for them, as well as any safety risks – including any risks to expectant women or nursing mothers in the working environment.

Such risks might involve any physical work that might pose a risk to the health of an employee – as well as contact with chemicals or other materials which might pose a health risk to a pregnant employee or new mother.

The employer must put in place appropriate health and safety measures to control any identified risks.

Duncan Lewis Family Solicitors

Duncan Lewis family solicitors can advise on a wide range of family and child care law – including advising on parental rights in the workplace, discrimination at work, maternity and paternity leave and pay, and parental leave.

There are Duncan Lewis offices nationwide – and our family lawyers are also able to advise on employment tribunals involving disciplinary action, redundancy, unfair dismissal or constructive dismissal.

Duncan Lewis is a leading firm of Legal Aid lawyers – and offers competitively priced fixed fees whenever possible if Legal Aid is not available.

For expert legal advice on family and child care law, call Duncan Lewis family solicitors on 0333 772 0409.


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