Protection from Redundancy (Pregnancy and Family Leave) Bill

Shaun Bailey Excerpts

2nd reading
Friday 21st October 2022 Commons Chamber

[Shaun Bailey (West Bromwich West) (Con)]

It is a pleasure to follow the powerful speech by the hon. Member for Hampstead and Kilburn (Tulip Siddiq), who gave examples of lived experiences. The experience she highlighted of her children’s godmother is horrendous. These experiences are brushed under the carpet, and that is disgraceful. I hope that, through the Bill, we will ensure that that does not happen again, because it cannot. I commend the hon. and gallant Member for Barnsley Central (Dan Jarvis) for bringing in the Bill. It should not be necessary to do so, but clearly it is. We have to do this, and it is the right thing to do. What has struck me today is the way in which we have come together as a House to support the Bill and its aims.

The background to this area astonishes me, and we have heard about it in contributions from Members across the House. In 2022, it should not be an impediment to someone to want to have a family, so that they cannot at the same time pursue a career—that is crazy. The hon. and gallant Member for Barnsley Central touched on the report of the Equality and Human Rights Commission, and some of the figures in that were horrendous. When scaled up, the figures show that something like 54,000 women could experience discrimination as a result of either being pregnant or having had children. That astounds me.

[Jane Hunt]

I absolutely agree with what my hon. Friend is saying. We see headlines these days about the lack of labour in the market and needing people to fill jobs, yet 54,000 people are either being made redundant or feeling the need to leave their jobs. That is a disgrace, is it not?

[Shaun Bailey]

My hon. Friend is absolutely right: it is a disgrace. I think about my own experiences. Before I entered this place, I was a lawyer; that is what I trained to do. I was fortunate to work in some great firms and meet some fantastic, intelligent people. I know that people sometimes typecast lawyers as all sorts and do not trust us, but the people I worked with were fantastic, intelligent, hard-working and inspirational. However, let us look at the figures in the sector, and I am thinking in particular about the gender pay gap and how the issues we are debating contribute to that.

A London School of Economics study found that even though today 62% of new entrants into law firms are women, by the time we get to partner level only 28% of women are partners. That is absolutely crazy, given the proportion of women at entry level. What we are seeing is that women want to go and have a family and a personal life, which we are all entitled to, but they are being impeded. That might not all be down to the discrimination we have been talking about, but what I hope the Bill achieves is a cultural change. That is what we have to drive forward. It amazes me that we actually have to say this today, but a woman can have a career and a family at the same time, and an employer that enables that to happen.

Thinking of my own office, 80% of my staff are women. I have no problem if they need to take time out because they have to go and look after their family or collect their kids. To me, that is just basic decency as an employer. Surely it is a two-way street as an employer: what we do is get the talent and ability of the people we employ, and in turn we give something back.

[Jane Hunt]

Does my hon. Friend agree that this Bill is very helpful because it also includes shared parental leave? Those partners, both male and female, who are impacted by shared parental leave will also be able to take advantage of the redundancy scheme.

[Shaun Bailey]

My hon. Friend articulates it so well. She is absolutely right; shared parental leave is now such a key part of the broader landscape of family and employment rights—I do not want to just say maternity rights. We now know that the idea that mum goes off for a year and looks after the baby while dad works is ridiculous—it is rubbish. Both parents need to be playing an active role. We say that both parents need to be playing an active role in the life of their child, but if we have an employment structure that does not allow us to do that, then it is all good words but absolutely no action. My hon. Friend is right to draw out with her intervention the point about shared parental leave. What I am encouraged by is the recognition that shared parental leave needs to become the norm. From what I have seen at the moment, we are seeing that transition; we are seeing that more organisations are getting that. But there is still more to do.

The other point I will touch on is the societal impact. I talk about this from my personal experience. What we do not want to do is frame this in the context of mum, dad and 2.4 children, because actually families do not operate like that; there are many shades of grey. If someone is a single mother, or a single woman who is pregnant, and runs the risk of redundancy as a result of that, where does that leave them?

[Lee Anderson]

Does my hon. Friend agree with me that the threat of redundancy, or actual redundancy, for a pregnant woman can have a serious impact on her health and the health of the baby?

[Shaun Bailey]

My hon. Friend is absolutely right, and the academic studies have shown that. We have the data showing the mental health impact on women who are having to worry about the risk of redundancy in their job. Of course it is not right—I am framing this in the context of a mother who is giving care to a child—that they should have to worry about their employment and everything that interconnects with that, and at the same time have to raise a child.

I have not had children, but for those who have—I am probably going to get interventions from hon. Friends across the House now—that initial period of time, and I will not say how long it is because I am sure it might vary, is probably one of the most stressful points in a mother’s life. They are getting to grips with realising that there is no handbook, and that everything they were told was going to go this way or that way actually does not—children do not work like that and there is no button to push. They are balancing that—a new person they have brought into the world and have to care for—and at the same time having to worry about how they are going to put food on the table, and go back into a career that they love, are passionate about and have maybe trained for years to do but now are at risk of losing because their organisation has potentially decided, “No, goodbye, see you later.” It seriously blows my mind that we even have to be here having this conversation.

[Jane Hunt]

Does my hon. Friend agree that the six-month window at the end of this part of the Bill is also very important? I hate to use this phrase, but it is almost an “out of sight, out of mind” situation. When a woman is on maternity leave or a person is on shared parental leave, they are no longer in the workplace. They need that window of opportunity to get back into the workplace and into the swing of things, so they can show their value to the business.

[Shaun Bailey]

My hon. Friend raises a good point, and I was hoping to touch on the transitional period later. We know how important it is to have the opportunity to transition back into the workplace and get back into the flow of things. Going through a life-changing event such as having a child changes the whole dynamic in someone’s life. I think that window is a really important opportunity for them. I hope I have not misunderstood my hon. Friend, but I agree that having that period of time means the individual is able to contribute in the way they know they can.

It all comes back to realising people’s potential. That is another part of this issue. It is not about saying to someone, “Okay, you’ve had a child; you’re done.” It is not like that at all. I have been very fortunate in the organisations I have worked in, out in what we call the real world—certainly more real at times than this place has been, particularly over the last week. I have seen organisations that get this issue, already have processes in place and are developing a culture that understands that it is not just about, for instance, the amount someone bills every month, but the contribution they make as a person.

As my hon. Friend the Member for Loughborough (Jane Hunt) just described, the provision for that period of time is a crucial part of this legislation. We are on Second Reading today, but the Bill represents part of a broader landscape, and what my hon. Friend is saying on its provisions is vital. It comes back to a point that right hon. and hon. Members across the House have raised—including the hon. and gallant Member for Barnsley Central, my hon. Friend the Member for Loughborough, and a few hon. Members from a sedentary position—which is that we are currently losing skillsets from the workforce as a result of this issue. How daunting must it be for someone who has taken an extended period of time to go and have a child to come back and worry about not having the protections they should be afforded?

[Lee Anderson]

My hon. Friend is making some brilliant points. When employers sack pregnant women or women on maternity leave, as well as losing these skilled workers are they not also losing other women who might want to come into the workplace but have been put off by the treatment of their friends?

[Shaun Bailey]

My hon. Friend is absolutely right. Why would someone want to join such an organisation, having seen how it operates and what its practices are? Talented individuals who know they have something to bring to the table, and know their worth, particularly in the climate we are in, are going to vote with their feet, are they not? And they should. They will be empowered to know that they can now go to organisations that will treat them as individuals who deserve respect. These organisations will understand that people are allowed to have a family life and balance. People should be able to have an employer who contributes toward that balance and is part of a partnership with them.

As I understand it, the whole point of the employer-employee relationship is that it is a contract and partnership—an understanding between two people in an organisation. The balance of power has at times gone completely off.

[Jane Hunt]

My hon. Friend is being generous with his time; I promise that this is my last intervention. Just to balance it out, he is absolutely right in what he just said, but this Bill is absolutely brilliant in bringing up one segment of the business sector. Many businesses already meet these and further requirements, but we need everybody to do the same, because that 54,000 figure should not exist.

[Shaun Bailey]

My hon. Friend is absolutely right. To reiterate her point, I certainly do not want to give the impression that I am typecasting every business in that regard. As I have said, many businesses are getting this right and are going above and beyond—but that should not be above and beyond; it should be the standard.

I return to the idea that not every family is black and white, with 2.4 children and a mum and dad—I apologise to hon. Members for segueing away from that point. I speak as someone who was brought up in a single-parent family with a sole breadwinner who at times was working three jobs in order to put food on the table, and doing a part-time university degree. My mum went back to work six weeks after she had me, because she needed to, and it was similar with my sister. If someone is a sole parent on their own income and is pregnant with another child, or if there has been a family breakdown, the last thing they need is to have that threat of, “If I have a child, or if there’s anything connected to that child, I’m going to lose my job.” It does not bear thinking about—it blows my mind.

The societal impact of what we are talking about goes much further than the scope of the Bill’s provisions, and that is why it is so important. When we pass legislation in this House, particularly legislation such as this, it is not just about the Bill or the laws that we implement; it is about the message we send about society. We have seen that throughout history, particularly with legislation that has passed as a result of private Members’ Bills, such as women’s rights legislation. Lord Steel was a big advocate of women’s rights and the work of those organisations when he was on the Liberal Benches. We are sending a broader message that we need a society that understands that balancing work and family life is key.

[Bob Stewart]

My hon. Friend may not have had children yet; I have had six. One point that has not been talked about today is that when a woman is pregnant, it is often traumatic and frightening for her. It is often not an easy time. Some people may find it joyous—it is joyous, of course—but it is difficult for some women. If we put that on top of the fact that they might lose their jobs, it is just another pressure. I make that point because it is valid.

[Shaun Bailey]

I thank my right hon. and gallant Friend for that powerful intervention, to which I cannot add any more. He is right that it can be a traumatic experience. The Bill also seeks to address when someone has a miscarriage or loses a baby, which is a horrific time in the lives of both parents. It is important to consider how we support someone who has gone through that, particularly a woman, who feels that loss acutely and painfully. Unless someone has gone through that experience, I do not think that they can truly understand the pain that is felt as a result.

Again, talking about what this Bill does, its broader messages and what it seeks to achieve in supporting people at the most vulnerable points in their lives is absolutely key. Surely it is incumbent on all of us in this House to support people when they most need it and at the times in their lives when they are most vulnerable, particularly during pregnancy. That is the point in their life when a person is most exposed to both physical and mental challenges, as well as in other ways.

I am conscious that I should conclude my comments, but I really want to say that I am so proud to be able to support this Bill. I really do commend the hon. and gallant Member for Barnsley Central for the work he has done on it. What this Bill seeks to do, as was articulated so brilliantly by my hon. Friend the Member for Loughborough, is to set what is currently seen as the exceptional standard as the norm, and that is right because it is what we should be doing.

The Bill will ensure that we do not lose brilliant people from our workforce. We should enable everyone who has the passion and drive and who wants to contribute to do so. We should back up the mantra we have been churning out from this House for decades about how we want to encourage the family base and encourage people to have families. Families are the core of society, and we should follow that up with tangible action. This place is very good at talking, but we need to follow through with tangible legislation. We must have the tangible means by which we can follow up on our good sentiments, and that is one thing this Bill does.

The Bill also ensures that in situations a bit like my mum’s and other people’s, when single mums are trying to get on with life and secure a life for their kids, whether or not they have been born, they can do so without worrying about how they are going to do it. They, too, can contribute, because this is surely about lifting people up, is it not? If they fear that they are going to lose their job or that they cannot progress up the ladder because they have had a child, that just should not be happening.

Finally, the Bill will ensure that, at what for many is the most exciting time of their lives, but also a time when they are at their most vulnerable and most exposed, people get the support that we should rightly be giving them. I fully endorse the aims of the Bill, and if the hon. Member for Barnsley Central is looking for someone to serve on his Bill Committee, I would be honoured to do so, because this is absolutely one of the reasons why I came into this place. [Interruption.] I can see he is already putting my name down—brilliant—so I expect the email in due course.

I just think back to the reason why I came into the place. I always say, whenever I am asked, that it is for people like my mum. With this Bill today, I think of her and what she went through as a single mum bringing me up and enabling me to get here. I will always owe her for that, because I would not be here had she not made the sacrifices that she had to make to get me—a lad from a council house who was told he probably would not amount to anything—to be a Member of Parliament. If we can ensure we get a few more young people like me from such backgrounds into this place by agreeing to the provisions of this Bill today, as far as I am concerned that is exactly why we are all here.

[Jane Hunt (Loughborough) (Con)]

Gosh—follow that! That was extremely moving from my hon. Friend the Member for West Bromwich West (Shaun Bailey). I am grateful to him for his articulation of his experience, which was superb.

I very much thank the hon. and gallant Member for Barnsley Central (Dan Jarvis) for introducing this important Bill, which will ensure better protections for women and families with new babies. It was a pleasure to work with him, albeit briefly, to help drive this Bill forward in my former role as the Parliamentary Under-Secretary of State, and I would like to emphasise my continued full support for it.

The hon. Member talked about being proud of this Bill, and I feel sure he is quite right to be so. I certainly feel proud to have been involved. The current Minister has done a huge amount of work to support it, as indeed did the previous Minister, my hon. Friend the Member for Sutton and Cheam (Paul Scully). He did a great deal of work on this, and also on many other Bills, which I will refer to a bit later. What we are looking at in the Bill is part of a matrix of workers’ rights, and it is right, good and proper that we are doing so.

It is shocking that, in 2022, new parents—mothers in particular—are still being forced out of their jobs through either dismissal or compulsory redundancy when others in the workplace do not face that, or are being treated so poorly that they feel they have no choice but to leave. A 2020 survey by Pregnant Then Screwed found that 11.2% of women on maternity leave had been made redundant, or expected to be made redundant, and 60.7% of them believed that their maternity leave was a factor in the decision. A more recent 2021 survey found that 20% of mothers have experienced discrimination from an employer.

I turn to the background to the Bill. Research published in 2016 commissioned by the Department for Business, Innovation and Skills and the Equality and Human Rights Commission found that about one in nine mothers—11%—reported that they were either dismissed, made redundant or treated poorly and therefore had to leave their job. The publication of that research was followed by a Women and Equalities Committee inquiry and report on pregnancy and maternity discrimination in August 2016. One of its key findings was that mothers returning from maternity leave still faced discrimination. It therefore recommended that the Government should take steps to provide

“additional protection from redundancy for new and expectant mothers”.

It recommended that enhanced protections should apply throughout pregnancy and for six months after a woman’s return to work.

The Government published their response to the report in 2017. They acknowledged the scale of pregnancy and maternity discrimination experienced by new and expectant mothers and committed to

“consider further and bring forward proposals to ensure that the protections in place for those who are pregnant or returning from maternity leave are sufficient.”

The Committee said:

“We are persuaded that additional protection from redundancy for new and expectant mothers is required. The Government should implement a system similar to that used in Germany—

that was referred to earlier—

“under which such women can be made redundant only in specified circumstances. This protection should apply throughout pregnancy and maternity leave and for six months afterwards. The Government should implement this change within the next two years.”

In January 2019, the Government published a consultation seeking views on extending current redundancy protections for pregnant women and new parents. It recommended that the Government extend the current redundancy protection afforded to women during maternity leave under the Maternity and Paternity Leave etc. Regulations 1999 to cover a woman’s pregnancy and a period of up to six months after returning to work. The consultation also acknowledged that those returning from forms of leave comparable to maternity leave may have been away from work for long periods and therefore might similarly face discrimination or be prone to less favourable treatment.

The Government response, published in July 2019, made two commitments: to extend the redundancy protection period to include pregnancy and six months after a new mother has returned to work; and to provide the same enhanced protections to those returning from adoption leave and, crucially, shared parental leave.

It is unacceptable that anyone should be penalised for deciding to have a family. I welcome the fact that the Government have acknowledged the scale of pregnancy and maternity discrimination experienced by new and expectant mothers. Given the scale of the problem, it is clear that current legislation does not go far enough to protect new parents. We have talked about that in earlier speeches and interventions. The Bill caters for pregnant women working in all types of employment. There are women throughout the whole of the workplace, and all such people will benefit from the Bill.

I am particularly grateful that the Bill covers those on adoption leave and shared parental leave. The Bill dovetails wonderfully with the Neonatal Care (Leave and Pay) Bill introduced in July by the Scottish National party hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), working closely with the Government and BEIS, as well as with the Fertility Treatment (Employment Rights) Bill from my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken), which has yet to have its Second Reading, and the shared parental leave Bill that we have discussed. There is a matrix being formed of support and business guidance to ensure that businesses are helped to do the right thing to support their employees, women and parents. There should be no barrier to any parent having the opportunity to get to know their child and bond with them at the earliest opportunity.

I welcome the fact that in 2019 the Government consulted on the proposals to extend redundancy protections for pregnant women and new parents. The majority of responses showed support for measures to extend the redundancy protection period once a new mother had returned to work, and to extend protections to adoption and shared parental leave. That consultation was undertaken in January 2019 and BEIS reported

“that 6 months would be an adequate period of ‘return to work’ for redundancy protection purposes”,

and

“that protection should be extended to parents who have taken adoption leave and shared parental leave”,

which I think is crucial.

The Government responded to the consultation on 22 July 2019, including a series of commitments to increasing redundancy protections in this area, first to

“ensure the redundancy protection period applies from the point the employee informs the employer that she is pregnant, whether orally or in writing;”

secondly, to

“extend the redundancy protection period for six months once a new mother has returned to work. We expect that this period will start immediately once maternity leave is finished;”

thirdly, to

“extend redundancy protection into a period of return to work for those taking adoption leave following the same approach as the extended protection being provided for those returning from maternity leave—it will be for six months;”,

and fourthly, to

“extend redundancy protection into a period of return to work for those taking shared parental leave, taking account of the following key principles and issues: the key objective of this policy is to help protect pregnant women and new mothers from discrimination; the practical and legal differences between shared parental leave and maternity leave mean that it will require a different approach; the period of extended protection should be proportionate to the amount of leave and the threat of discrimination; a mother should be no worse off if she curtails her maternity leave and then takes a period of Shared Parental Leave; the solution should not create any disincentives to take Shared Parental Leave”.

The Bill before us would enact those crucial changes and clearly has the backing of many. I recognise the cross-party agreement we have seen across the House; in my opinion, we are at our best when we have that. The Bill is a welcome extension of the framework of workers’ rights in general and crucially allows family leave to be included in legislation. The German model is a good one, but I believe we must reach a compromise between the needs of businesses and the needs of families and pregnant mothers.

[Shaun Bailey]

Looking at other models and the broader matrix my hon. Friend talks about, does she also believe that the legislative framework we are trying to bring in needs to be an evolving one? The likelihood is that we will need secondary legislation or even further primary legislation, but as part of that we must ensure that the framework continues to evolve and adapt as the workplace landscape changes.

[Jane Hunt]

I could not agree more with my hon. Friend. This Bill provides a framework that the Secretary of State can adapt to meet future needs for both pregnant women and those on adoption or shared parental leave. It sets up a matrix that can be filled as required.

In conclusion, I welcome this Bill. I truly believe it is something we should do and are able to do. I feel that the Minister will do a wonderful job in bringing this all together and I wholeheartedly thank the hon. Member for Barnsley Central for bringing the Bill forward.

--- Later in debate ---

[Nickie Aiken]

My right hon. Friend is absolutely right. This is about adoption, whether by a gay or heterosexual couple. The hon. Member for Barnsley Central is right to say that women should not have to choose between a career and raising a family, but unfortunately, far too many women are forced to make that choice. In 2016, a survey commissioned by BEIS found that three in four women experienced some form of pregnancy or maternity discrimination. As we have heard, 54,000 pregnant women a year are dismissed from their jobs. That eye-watering statistic should shame this country, and I hope that if passed, the Bill will go towards rectifying that shameful record. It is wholly unacceptable, but nevertheless we see that story across the board.

In my constituency I hear the same stories again and again from women who are trying to balance family planning with their career. As I said in an earlier intervention, I am sponsoring my own private Member’s Bill to secure employment rights for those undertaking fertility treatment. That Bill seeks similar outcomes to those sought by the hon. Member for Barnsley Central. After all, this is 2022 not 1922, and people need to feel comfortable to choose to have a child—or more than one child—whether that child is conceived naturally or through fertility treatment, and no matter where they work and without fear of their career being negatively impacted.

That fear is all too familiar for women across the country. There are women who are trying to make a career, but who are conscious that they have a limited time in which they can have a child. As I said earlier, when I had my first child aged 35, the average age of the woman in the hospital I was in was 39. Women now have careers and want to establish themselves in their 20s and into their 30s, and they then try to have a child.

[Shaun Bailey]

My hon. Friend is absolutely right. It is also about ensuring empowered women leadership. In a previous life she was the leader of Westminster City Council—if I may say so, probably the best leader we ever had. In this era of political comebacks, who knows? Perhaps another comeback is on the cards. We have to empower women leaders to encourage others. Given her experience as a woman in leadership, how does she feel about women leaders empowering women having children later in their career to find balance?

[Nickie Aiken]

My hon. Friend is absolutely right. I remember being pregnant with my first child, aged 35, holding down a full-time job and attempting to be elected to Westminster City Council. I was elected when seven months pregnant with my second child. Believe me, that was an interesting time. I do not think I would have been able to that without the support of my employer at the time Bradford & Bingley, and my group leader Sir Simon Milton, the late leader of Westminster City Council. I was very well supported but, sadly, not all women are. That is why this legislation is needed.

My hon. Friend is right to highlight that women in leadership roles—and men, but women in particular—must support women in the generations below. We have been fortunate to get to a certain place in our careers, and it is our duty as feminists and human beings to support women—and men—coming through their careers.

[Nickie Aiken]

To be perfectly honest, it is really sad that we have to legislate. We have to because we must ensure that women have those rights, but I would prefer it if we did not have to. As part of my private Member’s Bill, I am trying to achieve a voluntary workplace pledge to ensure that employers support their employees who are going through fertility treatment. I wish that I did not need to do that, but I have to.

Returning to this brilliant piece of legislation, we have heard some excellent interventions and speeches from colleagues across the House. I am pleased that the Bill provides guarantees to women and their partners—there is an important clause in the Bill about partners during pregnancy. The Bill does not just cut off support at the birth of a child; vitally, women and their partners are supported during maternity leave, shared family leave and adoption leave.

I am a mother of two; my children are much older, in their late teens. I assure my hon. Friend the Member for West Bromwich West (Shaun Bailey) that we parents never stop being parents; we never stop worrying or trying to do the best we can. I am sure that one day he will have the honour of being a parent. I have gone through pregnancy and the stress of being pregnant. I had a miscarriage before I successfully had my first child and I know the stress of that second pregnancy, worrying whether it will be successful.

As I said, I worked for Bradford & Bingley and was very supported. That was an example of good practice. Before I was on maternity leave with my first child I was a public relations manager; when I came back, they promoted me to head of PR and gave me support. I worked three days a week, but I felt I could not do my job effectively in three days, and the other two days I was trying to balance being a mum of a young baby and work. It was my decision to go to my line manager and say that I wanted to work four days, so that I could do my job properly and be a full-time mum on the other days. It supported me in that, and crucially Bradford & Bingley realised how dedicated I was to my job and, even though I was working four days, it chose to pay me for full-time work. That is an example of an exemplary employer. Sadly, it was a victim of the banking crisis and I lost my job. But that was 15 years ago and an example of how employers can support women through pregnancy, and support mothers—or fathers—of young children.

[Shaun Bailey]

My hon. Friend is being incredibly generous in giving way, and it is always great to hear about personal experience. She represents the City of London as part of her constituency and we talked earlier in the debate about encouraging the brightest and the best, and those who have the right skillset. Does she agree that the Bill would ensure that the brightest and best—such as my hon. Friend, if I may say so—are able to stay in their roles in our financial centres and contribute to vital parts of our economy?

[Nickie Aiken]

My hon. Friend makes another good point. The City of London can be a beacon of exemplary employer-employee relations, and I hope and expect that the Bill will ensure that small, medium and large businesses show respect to working women who become pregnant and are raising a family and ensure that they have the support they deserve.

It is important to remember that going back to work after maternity leave can be a daunting step for many women. I was fortunate that I had the support of my employer, but many do not. That is why I welcome the extension of workplace support for women to six months after their maternity leave. A recent study found that it takes an average of six months to adjust back to the workplace fully, for multiple reasons. It may also be that women are coming back to work after a second or third child, and trying to balance a large family with work can be very difficult.

Going back to work can mean adjusting to new staff members who have been employed while someone has been on maternity leave, and they have to start establishing new working relationships. New practices or policies may have been introduced in the workplace. It is important that someone coming back to work after six, nine, 12 months or even longer is supported in understanding new policies or working with new employees.

Going back to work is difficult: I did it myself a couple of times. Particularly with a first child, it is difficult to understand how to balance parenthood with a job. Most working mums will know that we feel guilty when we are at work and when we are at home. We need to find a balance, and it is crucial to support women at that stage in their lives.

To go back to my point about adoption, if someone has tried to have a child for many years but failed to do so and then chosen to adopt, it is a very difficult time in their life. Having time at home without the threat of being made redundant is crucial, and that also applies to gay couples in the same position.

Too often, companies wishing to cut back will choose a woman who is pregnant or on maternity leave as an easy target, but I think it is agreed across the House that that is categorically wrong. No woman should ever be disadvantaged because she is having a child or has had a child. In 2018, the Government commissioned a report on women and work after childbirth, which found that women and men experienced a large divergence in their careers following the birth of a baby. Fewer than 30% of women are in full-time work or self-employed three years after childbirth, compared to 90% of fathers. That is a clear example of how giving birth can affect a woman’s career chances. In the 21st century, it is a shocking statistic. I firmly believe that we must encourage women to feel empowered when they have a child, not anxious, not fearing that their job prospects are now weakened or that they may be at the top of the list to be made redundant.

There is no doubt that employers sometimes handle pregnancy and maternity poorly. I was appalled to read the finding of the Equality and Human Rights Commission that one in five pregnant women experience harassment at work owing to their pregnancy or flexible working requests. The commission also found that more than 50,000 women a year felt forced out of their jobs by poor treatment. We should note that this is also an issue of retention. My right hon. Friend the Member for Chipping Barnet (Theresa Villiers) referred to the need to retain women for productivity purposes. That is crucial: we cannot afford, in this country, to lose female talent on account of poor protection. It is also important to note at this time that the birth rate is falling, and we need women to have babies for the sake of our economy—not today, not tomorrow, but in 10, 20, 30 and 40 years’ time. The Bill is not just about the immediate; it is about our country’s future.

Among women with careers, we have seen the subsequent loss in earning and career progression that is termed the motherhood penalty. What kind of country do we want to be if we put a price on someone’s career because of motherhood and call it a penalty? It is not a country that I want to live in, and it is not a country in which I want my daughter—who is now 18—to grow up and start her career. It means that employers are losing female talent at a time when we need to retain talent, both male and female.

Further data reinforces the concern about gender inequality, with an emphasis on the penalty that maternity represents for women’s salary and careers. It is crucial that we provide viable solutions to rectify that, and the Bill is certainly one solution. My hon. Friend the Member for West Bromwich West (Shaun Bailey) mentioned the gender pay gap. The fact is that women can feel, and indeed are, penalised for having children, and it can affect their ongoing ability to increase their pay, move up the career ladder and enjoy the benefits that that brings.

Births are falling in this country. In the last 10 years we have seen a drop in the birth rate in England and Wales of nearly 16%.

[Shaun Bailey]

My hon. Friend has just mentioned the birth rate and the wider picture. I know that, since her days on the council, she has been passionate about building a strong sense of community in Westminster, but people in this area generally have careers and are not growing families. Many of them cannot have children, given the demographic. That will surely have an impact on communities, and the sense of community, in areas such as my hon. Friend’s in Westminster.

[Nickie Aiken]

My hon. Friend has made another excellent point. This is about ensuring that we encourage families to grow, and encourage women and gay couples either to have children or to adopt them, because it is families who create a community. As my hon. Friend says, in central London having families of all types—whether they are single households, older people or growing families—is crucial to community cohesion. Whether a woman is living in central London, the midlands, the north, Scotland or Wales—whatever part of the country she lives in—she must feel protected in having a child, so I absolutely agree with my hon. Friend.

The Government have said that family life and the economy will suffer unless workplace practices are brought into the 21st century. We need to take that and staff retention seriously. One of the last things that I did as the leader of Westminster City Council, before I came to this place, was to change our parental leave policy. I introduced a policy whereby there was full pay for 12 months for people who were either on maternity or paternity leave and shared parental leave. That sent the message to staff that they were so important to keeping the council going and that they were part of its success. In the year following that announcement, there was a huge increase in people having children in Westminster City Council, and that is a very good thing.

We simply cannot afford to let women be sidelined or penalised because they are pregnant and want to start a family. I believe that there is no greater or more important job in this world than raising a child, but the economic and emotional burden on parents can be equally as tremendous. We need to support our workforce, our women in the workforce and our families. For those reasons, I wholeheartedly welcome the Bill and commend it to the House.

--- Later in debate ---

[Dean Russell]

My hon. Friend has done incredible work on her private Member’s Bill. Officials and I are looking at it very closely. I applaud her for her work not just on that but generally. She is a staunch, hardworking Member for her constituents. That is why I am pleased to be here and to have taken on this important portfolio, for as long as it may last—hopefully years rather than days.

Irrespective of who is at the Dispatch Box, the Government are committed to ensuring that the UK is the best place in the world to work and grow a business. We need a strong and flexible labour market that supports participation and economic growth. Let me put on record why the Government support the legislation. When we talk about female economic empowerment, we tend to talk about positive facilitative policies: parental leave and pay, flexible working, women on boards and so on—policies looking to drive positive action to achieve better outcomes.

We are taking huge strides to deliver equal opportunities for women in the UK. They include mandatory pay gap reporting, the largest ever cash increase in the national living wage in 2022 and passing the landmark Domestic Abuse Act 2021. It is pleasing to see that nearly 2 million more women are in work since 2010. The number of women on FTSE 350 company boards is up by over 50% in just five years. The number of women in FTSE 100 company boardroom roles has jumped to 39% from 12.5% 10 years ago. There is a higher percentage of women on FTSE 350 company boards than ever before. As my hon. Friend the Member for West Bromwich West pointed out however, there are some very negative statistics that we need to address.

[Shaun Bailey]

I welcome my hon. Friend to his new position. When it comes to Ministers who should be in position, he is 1,000% one of them and I am so glad to see him in his place on the Front Bench. He has just pointed out that the statistics in other areas are not great: can he give a commitment that the Government are 100% determined to ensure that we get those stats up? The fact that in the legal profession only 28% of partners are women is not good enough. If 60% of employees are women but only 28% make partner, that is nowhere near enough.

[Dean Russell]

I thank my hon. Friend for his kind comments. Equality is not just for the sake of equality: it improves things on every level—the economy, the workplace, the challenge in boardrooms and many other areas. I was pleased to hear my hon. Friend mention that 80% of his office staff are women, because that is a powerful example of how we in this place can lead from the front. We talked earlier about mental health. I have noticed in the past few years how people here have talked much more about mental health, and now it is talked about much more in the workplace and in society. That is a really important example of this House leading. I remember a few years ago in 2015 when I had a small role in helping to support, in a professional capacity, a report by the all-party parliamentary group on women in Parliament. It looked at how we could encourage more women into the workplace and, in particular, more women into politics. We need to have that at the front of our minds at all times.

On International Women’s Day in March this year, we announced a package of initiatives to help to open up more opportunities to women and to boost the post-pandemic recovery, including by promoting transparency and fairness in pay, ending employers asking about salary history, and supporting women who want to return to the science, technology, engineering and maths workforce. We have an extensive suite of parental leave and pay rights. Parents have access to a range of leave and pay entitlements in a child’s first year, giving working families more choice and flexibility about who cares for their child and when. Our maternity leave entitlement is also generous. To qualifying employed women we offer 52 weeks of maternity leave, of which 39 are paid, which is three times more than the EU minimum requirement. For self-employed women and those who are not eligible for statutory maternity pay, maternity allowance may be available. Both maternity payments are designed to provide a measure of financial security, to help women to stop working towards the end of their pregnancies and in the months after childbirth in the interests of their own and their babies’ health and wellbeing.

As well as the positive steps we can encourage or require employers to take, we need to clamp down on poor and inappropriate practices, such as waiting for a woman to return from maternity leave and for the current protected period to end, and then—terribly—making her redundant. That is just so wrong. We know that one of the key drivers of the gender pay gap is the time that women stay away from work. Ensuring that women are not needlessly forced out of the workplace is therefore an important way to tackle that inequality and maximise the economic contribution that women can make. As the hon. Member for Barnsley Central explained, the incidence of pregnancy and maternity discrimination, and the poor treatment of pregnant women and new mothers, is still far too high. That is unacceptable, and why the Bill is so important.

My right hon. Friend the Member for Beckenham—I cannot see him in his place but I am sure he will be listening elsewhere—asked whether the Government will produce guidance on pregnancy and maternity discrimination advisory boards. I will take that back to the Department, but there will be work to ensure that information is communicated far and wide so that both employers and employees are aware of those rights.

The hon. Member for Barnsley Central and others mentioned the German model. I am conscious that there is always a question whether we can push further and faster and do more. I definitely take his comments on board, but the Government do not think that it is right to follow the German model; I will happily follow up separately with specific details about why we do not agree with going that far. However, there is merit in how the Bill takes definite strides in that direction.

The personal stories told today have been really powerful. Emily and Natasha have been mentioned; my condolences and thoughts are with them after the challenges that they have faced. I hope that the hon. and gallant Member’s work today will ensure that what happened to them is not repeated. The hon. Member for Hampstead and Kilburn spoke about the discrimination during pregnancy that her friends faced, which was a really powerful way of bringing to life why the Bill is so important.

My hon. Friend the Member for West Bromwich West asked about cultural change. As he alluded to in his intervention just now, this is a societal thing. We can change things through legislation, but it is often much better to ensure that we change things in society. The Bill should be the backstop rather than being front and centre for businesses—they should just do the right thing.

My hon. Friend the Member for Loughborough did an excellent job, both as my predecessor and in her comments today. I commend her for ensuring that we have moved in the right direction with the Bill. As the hon. Member for Bradford East said, getting collaboration around the table on amendments—never mind getting a private Member’s Bill agreed by the Government—is an immense achievement, and my predecessor has kept the Bill on the table.

My hon. Friend the Member for Cities of London and Westminster made the point that it is so essential to ensure that women can continue to pursue their career. Nobody should feel that wanting to have a family should end their career. That should never be the situation in the 21st century, or any century. We need to go full force on this.

My right hon. Friend the Member for Chipping Barnet spoke about economic activity. She made the point that this is not just about being nice and doing the right thing; it has a substantial impact on the bottom line and on this country’s economy.

My right hon. Friend the Member for Ashfield—I should call him my hon. Friend, but I am sure he will be my right hon. Friend at some point; he is always right honourable to me—was so eloquent, as always. He always hits the nail on the head. He made the important point that if we retain women we can also navigate the challenges of skills shortages. That is so important, especially when we consider that there are almost 1 million roles available. Let us make sure that we promote all opportunities to all people.

The hon. Member for Motherwell and Wishaw spoke so eloquently about the challenges that she faced many decades ago. Hopefully, many of them have since been addressed in legislation, but the Bill will take things even further.

I note the point that the hon. Member for Bradford East raised about tribunal time limits. The Government recognise that there are concerns that in certain circumstances the three-month time limit for bringing Equality Act-based cases to tribunal may not feel long enough. In July 2019 we ran a public consultation on whether the limit should be extended; the positive impact that such a change could have is clear from the responses that we received. The Government response, which was published in July 2021, committed to

“look closely at extending the time limit for bringing Equality Act 2010 based cases to the employment tribunal”.

We continue to consider the evidence for doing so, and we understand the positive impact that it will ultimately have.

In conclusion, these measures will provide invaluable support and protection for parents during what should be an exciting and joyous time—pregnancy and the start of their child’s life—as they juggle work and caring responsibilities. The extension of MAPLE to pregnancy in a period of return to work is backed by evidence and analysis. The Government’s and the EHRC’s research, and the work of the Women and Equalities Committee and others, have established that there is a clear need for further work to help parents at these times. We must take steps to tackle the discrimination and poor treatment that some undoubtedly face.

The Government are pleased to support the Bill. It is wholly in line with our ongoing commitment to support workers and build a high-skilled, high-productivity, high-wage economy. We look forward to continuing to work with the hon. Member for Barnsley Central and, of course, all the new Committee members who are in the Chamber today to support the Bill.