Maternity Discrimination

Lisa Cameron Excerpts

Tuesday 3rd November 2015 Westminster Hall

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I commend my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on bringing this important debate to the Chamber. It is a delight to speak under your chairmanship, Mr Bailey. I draw the House’s attention to my entry in the Register of Members’ Financial Interests. When I worked as a Unite representative, I was involved in many maternity discrimination cases.

It is approximately 40 years since the first legislation was introduced to protect women from unfair dismissal because of pregnancy. Despite those legal rights, it appears that maternity discrimination is still a significant issue for a number of women. The report recently published by the Equality and Human Rights Commission suggests that women returning from maternity leave are even more likely to face discrimination in the workplace than they were a decade ago. The report estimates that about 54,000 UK women may be forced out of their jobs each year simply for falling pregnant. That includes being dismissed outright, being made compulsorily redundant when others in the workplace were not, and being treated so poorly that they had to leave. However, that figure does not account for the women who were self-employed and could not continue, women who were demoted, passed over for promotion, or overlooked for job opportunities that arose while they were on maternity leave, or for training and development opportunities. All those women may have been adversely affected, so the estimate of 54,000 may be just the tip of the iceberg.

For the women who are affected by such discrimination, it can have a devastating impact. I note that some truly shocking personal experiences have been highlighted on online sites. One individual stated that she returned to work only 11 weeks post partum because of pressure put on her by her employer. Another individual stated that she had been placed two hours away from home, and that it was virtually impossible for her to get back to breastfeed her baby. Sometimes discrimination against women who are off with their babies does not fit neatly into legal categories, but it can have the effect of making it impossible for the person to get back to work, and therefore it is discrimination all the same.

In this day and age, any discrimination of this nature is wholly unacceptable. However, statutory maternity rights are worth little if victims are unable to enforce them. As has been described, the two biggest barriers that may prevent women from challenging maternity discrimination are the introduction of employment tribunal fees and the three-month time limit. The statute of limitations on discrimination cases means that individuals have only three months from the point at which they were subjected to any kind of workplace discrimination to lodge a claim. In the case of maternity discrimination, those three months usually come at a time when the individuals are exhausted and lacking in confidence, have their hands full and are trying to adjust both to having a new baby and to getting back to work. For many, it just would not cross their mind to go down the route of contacting ACAS or seeking advice regarding their situation.

The Select Committee on Justice is conducting an inquiry on the effects of the introduction and levels of court and tribunal fees and charges. I want to highlight that the Scottish Government have pledged to abolish fees for employment tribunals when their additional powers are received, thereby ensuring that all employees have a fair opportunity to have their case heard. That includes those who may be suffering maternity discrimination. There is also a need to learn lessons from complaints. About half of employers fail to implement changes following a finding of discrimination, so it is important that recommendations be enforceable against the employer.

In conclusion, research suggests that pregnancy and maternity discrimination continues to be both widespread and deeply entrenched, with a significant minority of employers displaying outdated and wholly inappropriate attitudes and behaviours. That is bad for women and their families, bad for gender equality and bad for our economy. There is a clear need for urgent Government action in this area.