Maternity Discrimination

Sarah Champion Excerpts

Wednesday 15th March 2017 Westminster Hall

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Chope. I look forward to the time when the Chair is not the only man in the Chamber when we have a debate such as this, which is symptomatic of the uphill struggle we still face. I congratulate my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson) on securing this hugely necessary and timely debate. I also thank her for all the work she has done over the years on maternity rights and on early years. I am grateful for everything that she has done.

As hon. Members have outlined today, maternity and pregnancy discrimination is an issue that affects hundreds of thousands of women every year. It goes to the very core of what this House should be striving to ensure, which is that all women can engage as full citizens in society. We must ensure that women can participate fully in the workplace and, if they choose, have children and work.

The last Labour Government recognised just how important that was. They extended the right to statutory maternity leave to a full year for all employed women, regardless of length of service, and they doubled maternity pay. Those changes made the UK an international leader in maternity rights. At the time, we had the most generous allowance internationally for the length of maternity leave. This Government, however, are not leading. They are not active in tackling maternity discrimination. They appear to be content with the status quo, despite having the evidence—their own evidence—for how bad the problem is. As has been mentioned, research published in March 2016 by the Equality and Human Rights Commission and the then Department for Business, Innovation and Skills shed light on the sheer scale of maternity discrimination.

The facts need repeating. Seventy-seven per cent. of pregnant women and new mothers experience discrimination or negative treatment during pregnancy and maternity, and on their return from maternity leave, which equates to 390,000 women each year. In 2005, the proportion of women who reported maternity discrimination was 45%, or 32% lower than today. The figures are stark, but we must remember that they represent real women: women who have been made to feel that they need to stop breastfeeding, as the hon. Member for Glasgow Central (Alison Thewliss) said; women whose health and safety are put at risk by managers who do not understand or, worse, do not care about the impact of work on the woman or the pregnancy; and women who are denied statutory maternity pay or flexible working, or are demoted, downgraded and devalued, as the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) discussed.

The consequences of maternity discrimination are severe. Eleven per cent. of mothers, or 54,000 women, lose their jobs as a result of such discrimination each year. That includes 9% of women who were treated so badly that they felt they had no choice but to leave. The Government’s failure to tackle the issue or take seriously any of the suggestions set out by the Women and Equalities Committee, and their presiding over a working landscape where maternity discrimination is getting considerably worse, are shameful. Not only are they failing women and their families, but it makes no economic sense to lose 11% of the workforce each year.

My hon. Friend the Member for Washington and Sunderland West also mentioned the 2016 BIS and Equality and Human Rights Commission report. It estimated the financial cost to employers of women being forced to leave their jobs as a result of pregnancy and maternity-related discrimination at about £278.8 million over the course of only one year, the cost to the state being between £14 million and £16.7 million.

[Tulip Siddiq]

I thank my hon. Friend for her passionate speech and would like to take this opportunity to thank her for all the work that she, too, has done in this field.

Last night when I put this debate on the Facebook page of the local mothers’ group of which I am a member, one of the women, Anat, wrote back about how statutory maternity pay is lost if someone changes jobs while pregnant. She works in the technology industry, where it is normal to change jobs every two to three years, so she has a choice between dropping out of her industry, which would be a huge loss for women in the tech industry, and avoiding career progression, if she goes down that route. Does my hon. Friend agree that we need to look at how statutory maternity pay can be kept for women in certain jobs in which they have to switch employer every few years? One policy cannot fit all.

[Sarah Champion]

I completely agree with my hon. Friend. I am interested that she used the word “choice”, because we are not giving women any choice. We are not reflecting the current employment situation or representing the needs of women. The Minister is passionate about the issue, and I hope that she is taking everything on board.

That brings me beautifully on to the next part of my speech. I am concerned about how we as a society regard women, women’s work and women’s place in that society. Maternity discrimination is another structural block that prevents women from reaching their economic potential. Eighty-six per cent. of the Government gains in the most recent Budget impacted negatively on women, yet they still refuse to gender-audit their policies, so we have to question their commitment to tackling the growing inequality. In addition, the use of insecure contracts has ballooned over the last 10 years, with more than 900,000 workers in the UK on a zero-hours contract, 55% of them women.

I commend the work of the right hon. Member for Basingstoke (Mrs Miller) as Chair of the Women and Equalities Committee, which pointed to the inherent problems for casual, agency and zero-hours workers, whose rights for women are less assured than for women who are considered to be employees. For example, a woman might be forced to choose between working and earning, and attending an antenatal appointment that is vital to the health of both mother and baby. The Committee recommended that expectant mothers who are casual, agency or zero-hours workers should be entitled to paid time off for antenatal appointments. It recommended that the Government review the pregnancy and maternity-related rights available to workers, and legislate to give greater parity between them and those women considered employees.

The Government announced in their Budget plans a review of the rights of self-employed workers. Will the Government extend that to include the rights of women on insecure contracts, casual and agency staff and zero-hours workers? Does the Minister agree that it is unacceptable for women on such contracts, already likely to be earning less, to be burdened with the choice between earning and looking after their health and that of their unborn child?

Another theme reported on by the BIS and EHRC research, the Women and Equalities Committee, and women’s rights groups such as Maternity Action is the link between pregnancy and poor health and safety. Women reported being forced to lift heavy objects and stand on their feet for hours, being unable to take toilet breaks, and so on. Unsurprisingly, there is a clear link between insecure work and women being forced to leave their employer as a result of health and safety risks not being resolved. The Government must do more now, not only to help employers to understand how to identify and mitigate risks relating to pregnant women, but to compel employers to conduct risk assessments for new, expectant or breastfeeding mothers. Will the Minister tell us why the Government did not accept that recommendation from the Women and Equalities Committee? After all, an employer would undertake a specific risk assessment for an employee who had returned to work with a medical issue that meant their role needed to be adapted, so why should it not do so for a pregnant woman or a new mother who is breastfeeding?

The introduction of employment tribunal fees is a real burden of shame for this Government, who have priced women out of upholding their rights in the workplace. According to TUC analysis, the number of working people challenging discrimination or unfair treatment at work has fallen by 9,000 a month since charges of up to £1,200 came in. Since the introduction of fees, the number of sex discrimination complaints that include a tribunal claim has dropped by 76%, and pregnancy-related cases have fallen by 50%. Only 1% of maternity discrimination cases end up in an employment tribunal. That is a disgrace, and the Government know it, yet the only promise they have made is that they will tinker with the “help with fees” scheme to extend the support available to people on lower incomes. Can the Minister see that linking justice to the ability to pay flouts fundamental democratic principles?

Furthermore, people with £3,000 of savings remain at a disadvantage, as the Government say that they can “rein in” spending on non-essential items to meet the £1,200 cost of bringing a claim. The Government clearly have not considered the circumstances of women who anticipate a major drop in their income due to childbirth and have prudently saved for essential day-to-day living costs or obvious essential items for their new baby, such as a buggy, clothing, a car seat or a cot. Those are not luxury items. Fees should be scrapped. If the Government will not do so, will the Minister discount savings for the purpose of claims alleging maternity or pregnancy-related discrimination? Will she also take seriously Members’ recommendations about extending the three-month term for maternity discrimination cases to six months?

I will deal briefly with the Government’s consultation on protections against redundancy for working mothers, which was announced in January. No details of the consultation, such as its scope or timeframe, have been published, but we already know that its reach is too small. The consultation will look only at redundancies as a result of maternity discrimination, which impact approximately 5,000 women each year. It will do nothing for the almost 50,000 women each year who are dismissed or forced to resign from their jobs because of having a baby. Why are the Government not looking to review the rights afforded to women with worker status compared with those who are employees? Why are the Government refusing to address health and safety issues? Why are the Government continuing to ignore the devastating impact of employment tribunal fees?

There are related issues that we could progress if only the Government gave this matter the priority it deserves—issues such as discrimination and lack of support for women who miscarry or those experiencing menopause. The Government urgently need to treat such discrimination. Women in the workplace and those who have been forced out cannot afford for the Government to continue to close their eyes to these issues.

Finally, in the context of Brexit, will the Minister give clear assurances about how the Government will ensure that we do not roll back maternity and pregnancy rights? The EU has been the source of much of the UK’s legal protection for pregnant women and new mothers. We will not stand by and allow this Government to undermine those rights. We will not allow this Government to accept the flawed status quo. Women and their families deserve so much more. I know that the Minister is committed to this area, so I really hope that she listens to some of the recommendations made today and acts.