Maternity Discrimination

Jim Shannon Excerpts

Thursday 14th July 2016 Westminster Hall

[Mr Thomas]

The hon. Lady draws attention to an important issue that I am sure the Minister will want to take up. I sympathise with the point she makes.

It is worth saying that the Equality and Human Rights Commission’s recently published research is not its first such work in this area. When it first commissioned research back in 2005, 45% of women reported experiencing discrimination, so it is extremely worrying to find that the situation facing mothers-to-be and new mothers has worsened so dramatically.

[Jim Shannon (Strangford) (DUP)]

Speaking as an employer of someone who has had two children in the last two years, I think it is important to recall that our employees, who ultimately are employees of the House, have rights and protections in their jobs. Does the hon. Gentleman agree that whenever we hear cases of those who are not given those rights, that shows the real need for stronger legislation, regulation and monitoring to ensure that everyone gets what my employees have through their employment by me and the House?

[Mr Thomas]

I will argue that although there is a need for some legislative change, the major requirement is cultural change. In that regard, there are a number of things that the Government could do to help.

It is worth coming back to the EHRC’s research findings. It pointed out that about one in nine mothers reported that they had felt forced to leave their job, which included those being directly dismissed and made compulsorily redundant and those treated so poorly that they felt they had to leave. About half the mothers who had submitted a request for flexible working said that it resulted in negative consequences for them at work. Potentially, as many as 150,000 mothers a year could be affected. One in 10 mothers were discouraged from attending antenatal opportunities, which could mean 53,000-plus mothers a year. The right to time off to attend antenatal appointments is vital to ensure that women can access the care they need early in their pregnancy and get continuous assessment and advice during pregnancy.

It is welcome that the report shows that the majority of employers were positive about managing most of the statutory rights relating to pregnancy and maternity and recognised that it was in their interests to support pregnant women and those on maternity leave, as that increases staff retention and creates better morale. However, 70% of employers surveyed said they felt women should declare up front during recruitment if they are pregnant—surely a recipe for further discrimination if ever there was one—and 27% felt that pregnancy put an unreasonable cost burden on the workplace.

There can be long-term effects on a woman’s career if she has a baby. According to the TUC, poor treatment at the time of pregnancy or maternity leave can have long-lasting consequences for a woman’s future employment and pay. About a quarter of women do not return to work after maternity leave, and only a minority of those women have made a personal choice to become stay-at-home mothers. Women are more likely to consider stopping work altogether if they experience ill treatment during pregnancy or maternity leave. Discrimination at work can cause stress, anxiety and depression, which in turn can have a long-term effect on the health of a woman and her baby.

We have a strong legal framework to promote family-friendly workplaces. What is lacking at the moment is leadership to change attitudes to pregnant women on the ground in workplaces. I hope the Government will lead a high-profile, ongoing campaign to change attitudes in the workplace. Government-led campaigns down the years have led to significant change. One thinks of the difference we see now with gay relationships—the work of Governments of various parties has led that change. One thinks, too, of action down the years on drink-driving and to promote the use of seatbelts and action that has radically improved road safety. Government-led campaigns can make a significant difference in workplaces and among wider society, and such a campaign is clearly needed now on maternity discrimination.

As I will explain shortly, women knowing what they are entitled to is not sufficient on its own to ensure that they can exercise their rights, but access to information is an essential first step. Maternity Action has called for all women to be given a hard-copy leaflet at their first antenatal appointment, outlining their maternity rights at work and signposting them to other key sources of information and advice. The leaflet would also include a tear-off sheet for women to give to their employers to ensure that they too are aware of their employee’s rights. I understand that the Government have committed to reviewing the existing guidance and the accessibility of information for employers. Perhaps the Minister will update us on the progress of that review and respond specifically to Maternity Action’s suggestions.

Maternity Action has raised the concern that it receives 30 times more calls than it has the resources to answer, prompting the question of how much more needs to be done to ensure that women seeking advice and information on their statutory rights can get the help they need. As I said earlier, access to information is the first step to ensuring that women can enforce their rights, but access to advice and justice is a necessary further step in many circumstances. According to the EHRC’s research, less than 1% of women who believe they have experienced maternity discrimination have made a claim to an employment tribunal.

In June last year, the Government launched a review of the impact of employment tribunal fees. Thirteen months later, we are still waiting for the results, but the numbers already point in a significant direction. Pregnancy-related discrimination cases fell from 1,589 in 2012-13 to just 790 in 2014-15. Sex discrimination cases fell from almost 19,000 to almost 5,000 over the same period—a 76% drop. So although the evidence from the EHRC’s research suggests that maternity discrimination is increasing, the number of women accessing employment tribunals to enforce their legal rights is falling. Indeed, the Select Committee on Justice recently criticised the delay in concluding the review, and its review of court and employment tribunal fees recommended that special consideration be given to women who allege maternity and pregnancy discrimination.

Along with the financial barrier to pursuing a claim, many of the women who took part in the EHRC’s research reported that the three-month time limit for lodging an employment tribunal claim was a significant barrier to accessing justice, as they simply were not in a position to jump through all the hoops associated with putting in a tribunal claim while they were new mothers. The EHRC has specifically recommended that the time limit be extended to six months.

The Minister will not be surprised at my disappointment that the only recommendations that the EHRC made that the Government have not accepted relate to employment tribunal fees and time limits. Will she at least update us on when the results of the Government’s review will be published? Action is urgently needed to ensure women’s access to justice to enforce their rights, particularly when they are pregnant or new mothers.

Employment tribunals should act as the final backstop to enforce women’s maternity rights, but we should surely do everything we can to ensure that things do not reach that stage and that discussions between employees and their employers are approached in a constructive rather than antagonistic way. The EHRC’s first recommendation to the Government was that they work in partnership with the commission and business leaders to develop a joint communications campaign underlining the economic benefits of unlocking and retaining the talent and experience of pregnant women and new mothers. I look forward to hearing from the Minister exactly when and how that will happen.

One key element of supporting pregnant women and new mothers is supporting employers, so that any health and safety risks for expectant mothers can be identified and effectively managed. The EHRC found that one in five employers that had identified risks took no action, and one in five mothers ended up leaving employment because of the risks involved. Too many pregnant women today worry that they are being put in a position of having to choose between their job, their health and the health of their unborn baby.

The excellent trade union USDAW has carried out research among its members and found that employers did not carry out risk assessments for seven out of 10 women. Many USDAW members do manual work stacking shelves or lifting heavy items in warehouses or at checkouts. Such examples underline the importance of making progress in developing support for employers, so that they can access all the information they need about maternity and paternity rights and entitlements in one place. Perhaps the Minister will tell us how the Government are encouraging employers to recognise the health and safety needs of pregnant women and new mothers.

The EHRC’s research also demonstrated that much more needs to be done to support women when they return to work and to give stronger rights to flexible working. Roughly 70% of the women who took part in the research requested some form of flexible working arrangement on their return to work. However, half the mothers who had their request formally approved felt that they had experienced unfavourable treatment as a result, and one third said that they felt uncomfortable asking for any additional flexibility or time off.

The TUC has done research in this area, too. It suggests there is a significant motherhood pay penalty. By the age of 42, mothers in full-time work earn 11% less than women in full-time work who do not have children. Women who leave their job during pregnancy or who do not return to their job after maternity leave, whether because they have been unfairly dismissed, because of inadequate health and safety procedures or because of inflexible working patterns, often find it very difficult to get back into work at all. There is a clear need to help employers think through how and why they should create a family-friendly workplace. Will the Minister advise us of what steps are being taken to encourage employers to offer different forms of flexible working?

As the EHRC has said, women are still far more likely than men to work part time, but more needs to be done to make flexible working the norm not only for women but for men too, so that all parents are better able to balance their career and family responsibilities, rather than feeling that they have to choose between the two.

I welcome the steps that the previous Government took to introduce shared parental leave, and I am interested in the Minister’s assessment of how that has worked to date. The evidence from other countries that have implemented similar schemes suggests that fathers are much more likely to take up leave that has been designated as father’s leave rather than shared and transferable leave. If we are to see a cultural shift to more family-friendly workplaces, it is crucial that opportunities are opened up for women to progress at work and for men to care for their children. One important step might be to uprate the amount of paid leave for fathers. It would be good to hear the Minister’s initial thoughts on that.

The EHRC’s research has demonstrated the importance of building up a long-term evidence base on maternity and pregnancy discrimination, so that we can better understand how we can tackle it. The TUC has suggested that employers be required to analyse and publish information on how many of their female employees return to work after having children. I welcome the steps that the Government have taken towards reporting on the gender pay gap; that seems an ideal opportunity to gather more information on how employers are supporting their employees through pregnancy and maternity leave.

It is important that employers continue to evaluate their own internal practices and, crucially, their retention rates for pregnant women. It would be instructive to know how many women are still working for their employer one year after returning from maternity leave, for example. Tribunals should be given the power to make recommendations that an employer change its practice when a finding of discrimination is made, so that other women are protected from similar treatment in future.

I have focused so far on how we can better ensure that existing maternity and paternal rights can be upheld, but I want to suggest an additional area for the Government to consider in extending such rights. My constituent Kathryn Stagg is a campaigner on breastfeeding, and I have spoken to her about the problems that many mothers encounter in that area when returning to work. Going back to work is often the first time that a mother will be separated from their baby for a prolonged period. It can often be challenging for mothers who wish to continue breastfeeding to do so, particularly if there are no nursery facilities at or near their workplace. One in five women who have stopped breastfeeding say that returning to work influenced their decision, and half say they would have liked to continue for longer. A number of countries, including the USA, have enshrined in law the right to breastfeed and to express milk, and I urge the Minister to look closely at whether a similar right would be beneficial and appropriate for mothers in the UK and their babies.

There are many examples of good businesses supporting pregnant employees and supporting mothers in their return to work, but overall it appears that we are going backwards. Discrimination is almost twice as bad as it was 10 years ago. The legislation appears to be progressive, but attitudes in the workplace need to change. It is surely the Government’s responsibility to lead the charge, change minds, and ensure that pregnant women and new mums are valued, respected and encouraged at their place of work. This debate gives us the opportunity to speak for women who have experienced maternity discrimination and tell them, “You are not a burden or a troublemaker, and you are entitled to have your rights enforced and respected.”