THE PRICE OF PREGNANCY Maternity discrimination is still alive and kicking in 2019. Kalpana Fitzpatrick explores the issue
It’s hard to believe we’re still talking about maternity discrimination in 2019, yet 54,000 women lose their jobs during or soon after pregnancy each year. Kalpana Fitzpatrick explores the challenges women still face
Browsing through a Facebook group, I noticed a thread started by a woman asking for help after losing her job. ‘I’ve just been made redundant. I’m almost five months pregnant; who on earth is going to employ me now? I am screwed!’ Reading the comments, it was clear she wasn’t alone. In fact, her words echo that of the one woman out of every nine in the UK who is pushed out of her job while pregnant or soon after she returns to work, and that doesn’t include the thousands more who are discriminated against during this time. Whether it’s a reduced bonus, being passed over for promotion or being top of the redundancy list, maternity discrimination takes many forms. But they all lead to an inescapable conclusion: until things change or more men share or take parental leave, the price many women pay for having a baby is still too high.
THE MOTHERHOOD PENALTY
The Government acknowledged this issue earlier this year by launching a consultation on improving legal protection from redundancy for women returning to work after maternity leave. Currently, if a woman is on maternity leave, her employer is obliged to offer her an alternative role (if one is available) instead of making her redundant, as well as give her priority over other employees. The consultation proposes extending this protection for six months after the woman returns to work; an outcome on the proposals due later this year.
Research into maternity and pregnancy discrimination, published in 2015 by the Equality and Human Rights Commission (EHRC), estimated that 54,000 women a year were being pushed out of their jobs unfairly. A more recent joint survey by EHRC and Department for Business, Innovation & Skills found that 77% of working mothers said they’d experienced potentially discriminatory or negative experiences. Following the research, both the EHRC and the Women and Equalities Select Committee put forward recommendations for change. However, the current Government proposals focus on extending protections from redundancy. Campaigner Joeli Brearley, founder of Pregnant Then Screwed, thinks there is still a long way to go. ‘This wasn’t a recommendation put forward by the EHRC,’ says Brearley. ‘The research clearly showed that the problems are two-fold: women don’t know their legal rights, and employers are regularly flouting the law.’
Ros Bragg, director of charity Maternity Action, agrees that the consultation will not end maternity discrimination, which she describes as ‘a systemic problem that needs a systemic solution’. She would like the UK Government to adopt the German model, where pregnant women and new mothers can only be made redundant under exceptional circumstances.
KNOW YOUR RIGHTS
You will be able to protect yourself from bad or unlawful practice by your employer more effectively if you know what you are entitled to receive. You have a right to: Take a year off for maternity
leave if you’re an employee, no matter what hours you work or how long you have been with your employer. You will still accrue paid annual leave throughout your maternity leave, which you can take before the start of your leave or afterwards.
Receive statutory maternity pay (SMP) if you’ve worked for your employer for at least 26 weeks ending in the 15th week before your baby is due. The first six weeks of SMP are paid at 90% of your average weekly pay, followed by 33 weeks at the SMP rate of £148.68 a week (or 90% of your average weekly earnings, if this is lower).
Contractual maternity pay that may be higher than the statutory rate. The amount and how long it is available for will depend on your employment contract. Apply for Maternity Allowance
if you’re self-employed and don’t qualify for statutory or contractual maternity pay.
You will need to have been employed or self-employed for 26 weeks out of the 66 weeks before your due date. It is paid by Jobcentre Plus.
For details, visit gov.uk/ maternity-paternity-calculator. Time off to attend antenatal appointments You are entitled to reasonable time off for antenatal appointments. Be kept up to date by your
employer of any changes at work, including promotion opportunities. Be offered a suitable alternative
role instead of redundancy.
SHARED PARENTAL LEAVE
In many cases, the onus is still on women to stay at home and take care of the baby, but the introduction of shared parental leave (SPL) could see this change. With SPL, you are able to share up to 50 weeks off between you and your partner. Parents can take time off separately or can be at home together for up to six months. Although since it was introduced in 2015, the take-up has been significantly low, which many believe is because it is only paid at the statutory rate and families can’t afford it. Find out more information at gov.uk/ shared-parental-leave-and-pay.