Maternity Discrimination

Melanie Onn Excerpts

Wednesday 15th March 2017 Westminster Hall

[Mrs Hodgson]

I am grateful to my hon. Friend for raising that period in women’s lives. I will not be able to touch on it in my speech, but it is very important. There is a real lack of knowledge about what women have to go through during the menopause. I am probably not long off that period myself. People have no idea what women may have to go through, but we hear all the horror stories. A little understanding from employers would make all the difference. I know that I would probably be a better employer after I have gone through it; unfortunately, men do not have that luxury, so they rely upon us to tell them. That is definitely an important aspect of the matter, and I am grateful to my hon. Friend for raising it.

Some may argue otherwise, but for me and many other women—especially on this side of the House, but across the House, too—equality is a cause worth fighting for, because it creates not only a fairer society, but a stronger and more resilient one. Maternity discrimination holds us back from achieving that goal of an equal society. We need renewed vigour to tackle the problem, so that we can fully realise our country’s potential, with everyone having a fair chance in life and not having to face discrimination for being who they are. It was therefore welcome that this time last year the EHRC and the Department for Business, Innovation and Skills published their findings on the prevalence and nature of maternity discrimination in our society, so that we could fully understand the scale of the problem, which was indeed damning. The research showed that, of the women surveyed,

“77%...had a negative or possibly discriminatory experience during pregnancy; maternity leave; and on their return from maternity leave.”

Such experiences included facing harassment or negative comments related to their pregnancy, struggling to secure flexible working from their employer to manage the demands of pregnancy and subsequent childcare, or, for 9% of women, feeling that they had to leave their job because they were being treated poorly or unfairly.

What women are documented as facing because of pregnancy and impending motherhood is worrying and deeply shocking. Even case studies from Maternity Action’s helpline have documented these shameful occurrences. One woman became so stressed with her working environment, where she was being singled out by her manager and treated appallingly, that she was signed off sick with stress before her maternity leave had even begun. As we all know, when someone is pregnant, stress is the last thing she needs. She is told to have a calm and radiant time, which was hardly the case for that mother. It goes without saying that no woman should face such hurdles in life or feel pressured into choosing between having children or having a career that progresses at the same rate as the careers of their male counterparts.

Following the forensic light shone on the issue by the EHRC, the Women and Equalities Committee, under the excellent leadership of the right hon. Member for Basingstoke (Mrs Miller), who I am thrilled to see in the Chamber today—I look forward to her contribution —undertook to investigate maternity discrimination further. In August last year, that inquiry produced some excellent recommendations for the Government to look at and act upon. Sadly, however, it took until January of this year for the Government to respond to the inquiry’s findings.

Included in the recommendations in the Select Committee’s report were further calls for action around the health and safety of pregnant women in the workplace, such as placing a duty on employers to conduct an individual risk assessment for new and expectant mothers, all the way to identifying issues around casual, agency and zero-hours workers, who do not have the same pregnancy and maternity entitlements as women classed as employees.

[Melanie Onn (Great Grimsby) (Lab)]

In an economy that increasingly relies on temporary contracts, more and more women are unable to access any kind of statutory maternity leave, because they have no right to it. That is because they are classed as workers rather than employees. Does my hon. Friend agree that much more needs to be done to provide those women with better access to maternity rights?

[Mrs Hodgson]

I totally agree. On the issue of workers and employees, there is clearly a need to tidy up the law so that women who work in these areas of the labour market are protected and guaranteed the same rights as those women who are classed as employees, so I am very pleased that my hon. Friend has raised that issue. Indeed, Maternity Action has pushed for action on it and recently made a submission to the Matthew Taylor review, which aims to look at working practices in the modern economy, and to the Select Committee on Business, Energy and Industrial Strategy inquiry, “Future World of Work”. I hope that the Minister will be able to shed some light on progress on this issue.

It is safe to say that when the Government eventually responded to the Women and Equalities Committee report, the response was far from pleasing. Although the Government’s commitment to zero tolerance of discrimination against expectant or new mothers in the workplace is to be welcomed, as is the announcement of a consultation on protecting pregnant women against redundancy, sadly the wider response failed to see words leading to action. The Government’s response can easily be seen as a mixture of defending the unacceptable status quo and kicking the issue into the long grass, as if it was something that should be thought about on another day. The Government are failing to realise that this is happening right now.

I am not just making a party political point. The likes of Maternity Action have analysed the Government’s response and reaction to each of the recommendations and have come to the same conclusion: that the Government see this as an issue for another day. I have a lot of time and respect for the Minister who is responding to this debate—she knows that—but I find the Government’s response disappointing to say the least. That is why I hope she can offer me some reassurances when she responds to this debate.

I would like the Minister to consider two things ahead of her response. First, when will we see the details of the consultation on protecting pregnant women from redundancy? Two months on from the Government’s commitment to consult on this issue, we are yet to see publication of the scale or time frame. I hope that information will be forthcoming following this debate, and sooner rather than later. Even better, the Minister could announce further details in her speech today.

My second ask is that the Government take another look at the excellent recommendations in the Select Committee’s report and heed the words of the right hon. Member for Basingstoke, who said that the Government’s response was

“a missed opportunity for the Government to demonstrate the urgency and bite on this issue that we found lacking”.

I could not have put it better myself. Therefore, I hope that the Minister will commit to re-evaluating the Government’s response to the Select Committee report and their own wider actions when it comes to maternity discrimination.

To conclude, we have come a long way in the march for women’s equality. I know that this point will not be lost on the Minister, but it bears reiterating: as the current standard bearers, we in this House have a duty to uphold the work done by the women who came before us. Failing to end maternity discrimination would betray our crusading predecessors, who campaigned to improve the position of women in society. As women here today, we have the power to make the changes possible for women who face discrimination in the workplace for being pregnant or being a new mother. However, we must also stand up for the women who will come after those facing these challenges now, and ensure that in the future no woman faces discrimination in the workplace for doing what is only natural—having a child.

I hope that the Minister will heed this call to arms and take it back to her officials, knowing that we in this House and many more women beyond this Chamber are willing her on to make the changes needed and improve the standing of women in the workplace. She alone has the power to do that. I hope she realises that and does not squander this incredible position she has to enact change.

[Mrs Maria Miller (Basingstoke) (Con)]

It is a pleasure to serve under your chairmanship, Mr Chope.

I shall begin by apologising to Members for the fact that I need to leave shortly before the end of the debate, as I have to chair a Select Committee. I hope that they will accept my apologies.

I congratulate the hon. Member for Washington and Sunderland West (Mrs Hodgson) on securing such an important debate. We have record numbers of women in work in this country, but we still have a workplace that is not sufficiently modernised to deal with those record numbers. The hon. Lady took an intervention from the hon. Member for Great Grimsby (Melanie Onn), who was absolutely right to say that all too often now we have different classes of women in the workplace, who are not being dealt with in the way that all of us, as constituency MPs, would want them to be dealt with.

We need to modernise the workplace and make sure that it can deal fairly with both mothers and fathers who have caring responsibilities. In particular, and in keeping with the subject of this debate, we need to ensure that the critical issues that the hon. Member for Washington and Sunderland West identified, which have also been identified by both the Select Committee report that she referred to and by the Equality and Human Rights Commission in its work on discrimination, are outlawed and stopped. We cannot allow those things to continue.

As the hon. Lady mentioned, the Government’s own research has indicated that around three quarters of the women involved in that research have experienced a negative or potentially discriminatory experience as a result of their pregnancy. We would not expect that in a country that prides itself on introducing the Equality Act 2010 and on the fact that we have record numbers of women in work.

Not for a moment do I question the commitment of my hon. Friend the Minister in this area; as someone who has extensive knowledge of and experience in business, she will know first-hand the importance of supporting women and fathers through the experience of having a new addition to their family. At the moment, however, the law is not working in the way that we intend it to, which is what I want to focus on.

I shall discuss three recommendations in the Select Committee report, to which the hon. Member for Washington and Sunderland West kindly referred to in her speech. First, not all people who are in work are treated the same, and a difference has started to emerge between workers and employees. In particular, the fact that many women are not able to access paid time off work to attend antenatal appointments should be deeply worrying to us all, because there is clear evidence that attending antenatal appointments and receiving regular support through pregnancy is critical to the health of both the unborn child and the mother. If we are not to accrue costs beyond the pregnancy, because of conditions such as postnatal depression or because of issues around the health of children, we need to address this matter, and rapidly.

I do not think that there was ever really any intention for us to get to a position where quite large groups of women were not covered to have paid time off. However, when the Select Committee visited to Portsmouth with my hon. Friend the Member for Portsmouth South (Mrs Drummond) to take evidence from individuals in the community as part of our deliberations, we met women who had not had access to paid time off for antenatal appointments, which caused them deep distress and great worry.

The Government need to look at that issue and address it quickly. Perhaps during the Brexit deliberations and the passage of the great repeal Bill, and given the clear commitment from the Prime Minister to protect and, I hope, enhance workers’ rights, this issue can be dealt with swiftly.

[Melanie Onn]

Does the right hon. Lady agree that there is also scope for raising awareness of women’s rights at work, particularly their right to maternity-related pay, leave and other support, such as the antenatal appointments that she referred to?

[Mrs Miller]

The hon. Lady makes a really important point, which I would take one stage further: it is not just about women and mothers; it is about men, too. If we are to tackle the issues around shared parental leave and its low take-up, we need to ensure that the information is there for mums and dads—and, indeed, all individuals involved in new parenthood. The research we did for our Select Committee report uncovered the fact that many dads find it difficult to access information and perhaps even more difficult to ask for information from their employer. A number of the recommendations in our report cover access to information, and I know the Government will have looked at them carefully.

My second point is about how we can learn from other countries—near neighbours and countries that are very like us. Many Members get a little fed up about the fact that we always refer to Scandinavia when we look for models for how we should run our country, so this time let us look at Germany. It has a very strong economy and is well run. It has an interesting way of providing the additional protection for pregnant women that I would like to see in our country. It has protection from redundancy for new and expectant mothers up to six months after the birth of a child. That has worked well and made it clear to employers that redundancy is not an option or way forward.

Anecdotally, I have spoken to constituents and people I know who have been pregnant, and they have been offered redundancy while on maternity leave. My goodness, that is a difficult choice, is it not? New mums are coping with an incredibly stressful and possibly quite vulnerable situation. For their employer to offer them redundancy could well be attractive at that point, and they may well take it up and sign a piece of paper saying that they will not disclose that they have taken that offer. That makes it difficult to see that such things are going on. They then come out on the other side of the pregnancy and maternity leave and find it incredibly difficult to get back into the workplace: that is hard, particularly if, as the research tells us, someone has taken more than six months of maternity leave. It would be useful to look at the German system and perhaps interpret it for our country. I do not think anyone could say that Germany is not a competitive economy. Its productivity levels are far higher than the UK’s, and I urge the Government to consider that measure as part of their work.

The final point that I want to draw everyone’s attention to is the probable underestimation of the scale of the problem. I referred earlier to women who might be on maternity leave who take up the offer of redundancy. That is not recorded. Cases may be happening, and we might simply not be grappling with the scale of the problem. That demonstrates the need to ensure that the enforcement action available in this country has teeth. I welcome the thoughtful work that the Government have already done on tribunal fees. I know they are thinking about how we can make tribunals more accessible for more people.

I welcome that, but another problem for pregnant women is the time limit that precludes their taking action where there has been discrimination; action cannot be taken more than three months after the incident. I cannot recall how old your children are, Mr Chope, but I am sure you can cast your mind back to the position three months after the birth of a child or three months after your wife might have taken maternity leave. It is a hectic time when it is difficult to think about bringing a discrimination case. There are better things to do.

I was therefore slightly disappointed that the Government said that at this point they will not consider extending that time limit for pregnant women to six months. It would be entirely appropriate to do that. I do not think there would be a cost to the Government in doing so, and a great deal of fairness would come into play. I hope that they can do that, as well as encouraging the Equality and Human Rights Commission to demonstrate the strength of the law by bringing more cases more publicly. That would show that there are consequences to the ill-treatment of women who are pregnant or on maternity leave and that this is not something that companies should be treating in an apparently cavalier fashion.

The Minister has looked at the matter in detail, and I give her my personal thanks. The response to my Committee’s report demonstrated her careful attention, and I thank her for that. I also reiterate my thanks to the hon. Member for Washington and Sunderland West for calling this debate, which has given me an opportunity to contribute and underline the report that the Committee wrote. A number of members of the Committee are here today.

--- Later in debate ---

[Tracy Brabin (Batley and Spen) (Lab)]

Thank you for calling me to speak in this important debate, Mr Chope; it is a privilege to speak under your chairmanship on the issue of maternity rights.

In my contribution, I will mention my personal experiences and what I gleaned from my former industry, and look to the future at what can be done to improve the outlook for expectant women and mothers. As we have heard, many credible and sound proposals have been put forward by the Women and Equalities Select committee, of which I am a member and which is brilliantly chaired by the right hon. Member for Basingstoke (Mrs Miller). However, my contribution will focus on women in casual work.

First, as many may know, before my election to this place I was an actor and a writer. In those industries, the work is almost exclusively freelance or short-term casual. After my first daughter was born—she was only a few months old—I was offered a six-month contract on “Coronation Street”. Those six months turned into three years. I absolutely loved the job and the character I played, but I cannot deny that being a mother and working on screen presented difficulties.

My baby and husband were in London while I worked often six days a week in Manchester. During that time, my partner and I tried everything. My partner moved to Manchester to be with me, but, with no support network, that did not work. We had no nursery at work. We tried employing a nanny, but that did not work. I tried to be both a mother and an actor, spinning the plates, but that did not work.

The No. 1 priority of an actor on TV’s favourite soap must obviously be the work over and above family commitments. After looking around the green room and realising that other women had made such choices, I had to make a choice for myself: my career in “Coronation Street” and my future there, or my family. I handed in my notice and planned baby No. 2, leaving when I was six months pregnant. Luckily, in soap opera, they use the big handbag to hide a woman’s pregnancy, so that was employed for a number of months. However, freelance workers such as actors, writers and filmmakers, and so many others in today’s world of work, do not have the luxury of company maternity pay, so when I became pregnant, my contribution to the family finances was state maternity allowance.

The wider issue is more serious. On the whole, pregnant women are invisible in film and television, unless the star is already attached, as seen previously with—I’ve forgotten the actress’s name. Her surname is Colman—somebody give me a clue.

[Melanie Onn]

Olivia!

[Tracy Brabin]

Olivia Colman—I thank my hon. Friend—in “The Night Manager”, and the actor in “Fargo”. The reason why they got those jobs was that the producers and directors absolutely wanted those actors, so they overlooked the fact that they were pregnant and wrote that into the story. They were chosen despite pregnancy, because they are bankable. In writing this speech, I found it difficult to think of many other characters on our TV screens who just so happen to be pregnant. In film, it is even less common. When have we ever seen a waitress or lawyer who is pregnant and it just happens to be incidental, not part of the story?

That invisibility influences the public’s perception of what pregnant women are capable of. I assume that that has an impact on employers. If employers do not see ordinary women getting on with their lives, having breaks for their antenatal appointments and—irrespective of the pregnancy—just doing their job, that impacts on decision-making in the workplace. I would say that there is no small link between the fact that we do not see pregnant women on TV who are just getting on with their jobs and women in Sports Direct, for example, giving birth in the toilet. There is a profound link. If we do not see it, we cannot be it; if we do not see it, we cannot deal with it.

Regrettably, in the world of work, no progress has been made since my personal experience. As an actor, when a woman starts to show, she absolutely stops working—she falls off a fiscal cliff. What would normally be for most women a moment of joy and delight is replaced by panic: how on earth am I going to earn any money in my chosen profession once I start to show? I will confide in hon. Members: when I was offered the part of Sarah Ferguson in a film for ABC TV, I hid the fact I was pregnant because I knew they would fire me. I was so far down the line then that they had to accommodate my circumstances. An actor is a worker and should not be put in the position of having to lie to their employer.

As we have seen from the Women and Equalities Committee report, pregnant women and mothers report more discrimination and poor treatment at work now than they did a decade ago. The situation is even worse. Going backwards is not acceptable, so it is high time we looked at the positive proposals in front of us seriously and carefully, and acted with urgency, because more women today are being made redundant or feeling forced to leave their jobs than in 2005. More than three quarters of women surveyed in recent research have experienced a negative or potentially discriminatory experience as a result of their pregnancy or maternity.

The report gives us further reason for concern, including the fact that mothers who left their employer as a result of risks not being resolved were more likely than average to be on an agency, casual or zero-hours contract—9% compared with 4% on a permanent contract. The casual employee is more vulnerable to such discrimination. Some 50% of those on agency, casual or zero-hours contracts reported a risk or impact to their health and welfare when pregnant. It is really important we make progress, as agency and casual work is not going away—it is on the rise. Citizens Advice tells us there has been a 58% increase in the past decade in the number of people in temporary jobs because they are unable to find permanent work. That is an important rise and it is incredibly important that women in those jobs are treated fairly and equally.

There are some common-sense options on the table. I hope to hear the Minister’s views on extending the right to paid time off for antenatal appointments to those in casual work, after a short qualifying period, which would allow women to access the medical care they need without losing out financially, and on whether the Government will commit to taking steps to offer greater parity of rights between casual workers and employees. As casual work becomes more common, our rights at work should not disappear.