Maternity Discrimination

Stuart C McDonald Excerpts

Tuesday 3rd November 2015 Westminster Hall

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move,

That this House has considered maternity discrimination.

I am pleased to introduce this debate under your chairmanship, Mr Bailey, and to have secured a debate on a subject that is vital for women and for everyone who is concerned with justice and equality.

I would like to thank constituents who have contacted me about this issue, and my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley), who suggested its suitability for a debate. I thank Maternity Action for its invaluable help in preparing for today, and Parliament’s digital team, which you mentioned, Mr Bailey, for supporting our Twitter debate on this subject yesterday. Most importantly, I thank everyone who contributed their ideas and experiences; I will return to that later. Finally, I pay tribute to campaigners both inside and outside Parliament who have pursued this issue over many years, and I very much look forward to hearing the contributions of some of them this afternoon. I am pleased to have been able to lend my support by securing this debate.

This is the first time we have had the opportunity to debate properly the first set of findings from the research project being undertaken on behalf of the Department for Business, Innovation and Skills and the Equality and Human Rights Commission. Further research findings are to be published in the near future, and that will further inform our understanding of the scale and nature of the issue and how Government choose to respond. However, we cannot do nothing in the meantime. Waiting is not an option and never was, and there are certain steps that can and should be implemented immediately as we set out to end maternity discrimination. This is an opportunity for Members to make that strength of feeling absolutely clear to Government.

[Mrs Maria Miller (Basingstoke) (Con)]

I congratulate the hon. Gentleman on securing this important debate. Does he share my concern about the scale of the problem and about whether there is a true appreciation of that scale? I refer particularly to the EHRC report, which states that there could be as many as 54,000 mothers a year who are treated so poorly that they feel they have no option but to leave their jobs.

[Stuart C. McDonald]

I agree absolutely with the right hon. Lady, and I will briefly turn to some of the report’s findings. The issue is not just the scale of the problem, but the fact that the numbers seem to have increased over the last decade.

It is important to put on record some of the report’s findings. On the basis of interviews with over 3,000 employers and over 3,000 women with young children, investigators were able to conclude, as the right hon. Lady said, that unlawful maternity and pregnancy discrimination is more common in Britain’s workplaces than ever, with an estimated 54,000 pregnant women and new mothers—that is one in nine—forced out of their job each year. They also found that one in five women—as many as 100,000 a year across the UK—reported having experienced harassment or negative comments either because of pregnancy or flexible working. Investigators found that one in 12 women were treated with less respect by their line manager, and one in eight felt that they were treated less favourably in some other way, as a result of their pregnancy. One in 10 women were discouraged from attending antenatal appointments, despite those being absolutely essential for protecting the health and wellbeing of mother and baby, as well as there being a legal right to paid time off for antenatal appointments.

Investigators also found that one in six of the women interviewed reported suffering a negative impact on their health or stress levels because of poor treatment at work. One in 12 women who had attended a job interview while pregnant reported being asked during that interview whether they were pregnant, and finally, two in five women said that they would have liked to work more flexibly upon return from maternity leave, but did not ask to do so as they were concerned that it would not be approved, or that it would result in negative consequences.

[Rachael Maskell (York Central) (Lab/Co-op)]

I congratulate the hon. Gentleman on securing today’s debate. Does he agree that when maternity pay is just £138 a week, there is a disincentive for women to make tribunal claims against the discrimination that they experience, given that they have to pay £250 to submit their application and £950 for a hearing? Having to pay £1,200 is massive disincentive for women to make a claim, but on top of that, it means that employers are more likely to discriminate. Should that area of discrimination claims in the tribunal not be exempt from fees?

[Stuart C. McDonald]

The hon. Lady makes a very valid point, and I will turn in due course to tribunal fees and access to justice.

It is interesting to note that despite all the discrimination that I laid out from the report, only one in 12 of those women who raised a concern about their treatment at work obtained legal advice from an external advice provider such as Maternity Action, a law centre or a citizens advice bureau, so there is probably an awareness-of-rights issue, even before we get to the equally important consideration of tribunal fees.

Looking at the other side of the coin, the research found that seven in 10 employers felt that mothers should declare up front in interviews if they are pregnant. Almost three in 10 employers felt that pregnancy put unreasonable cost burdens on the workplace, and a horrifying one in four of the employers surveyed wrongly believed that it is lawful to ask women job candidates about their plans to have children.

The sad fact is that these findings, published in July, probably did not come as a surprise to campaigners. For example, in its 2013 report, “Overdue”, Maternity Action estimated that up to 60,000 women were being forced out of employment because of maternity discrimination. As the research suggests, it is a sad fact that the problem is becoming more, not less, widespread. The number of mothers being forced out of work through maternity discrimination is almost double the figure of 30,000 identified in similar research undertaken back in 2004-05 by the then Equal Opportunities Commission.

The hon. Member for York Central (Rachael Maskell) touched on the point that causes some of us the most concern: it is beyond reasonable doubt that certain Government policies have made it harder, not easier, to tackle the issue, by making it more difficult for women to challenge such discrimination. The supply of free legal advice has been severely reduced by funding cuts. Maternity Action’s free helpline now receives 42 times more calls than it is able to answer, and as she said, since July 2013, there have been up-front fees of up to £1,200 to pursue an employment tribunal claim for pregnancy, maternity or other discrimination, which has undoubtedly had a devastating impact on women’s access to justice. In the words of Lord Justice Underhill,

“It is quite clear…that the introduction of fees has had the effect of deterring a very large number of potential claimants.”

It is important to say that not only are fewer claims being made, but it is undeniable that meritorious claimants are being stopped from proceeding.

Those statistics are easy to rattle through, but on their own, they do not give us a proper understanding of the nature of what is going on. That comes only from hearing the very individual stories of women across the UK who endure this discrimination, such as the stories that I was told yesterday during our Twitter debate and by various campaign groups. I heard appalling stories of pregnant women being forced to use different toilets at work, finding it impossible to access their employer’s maternity packages, being told that they had taken too many sick days, or being made to take antenatal appointments during their lunch breaks or on annual leave. The treatment of pregnant temporary workers seems particularly awful, according to the messages that I received.

So what are we looking for by way of a response from Government? Maternity Action, members of the Alliance Against Pregnancy Discrimination in the Workplace and members of the public taking part in our debate yesterday all believe that it is clear that Ministers need to respond with a strong, comprehensive and effective plan of action, including a number of detailed measures.

First, Ministers must send a strong message to employers that there is simply no excuse for flouting the law on pregnancy and maternity discrimination. Perhaps the Government could consider that in their proposals for a new director of labour market enforcement—a post being introduced, rather oddly, under the Immigration Bill. Alongside that, support has to be provided to small and medium-sized enterprises and start-ups to assist them with planning for maternity leave, as smaller employers in the private sector were most likely to report difficulties across many areas in managing pregnancy and maternity issues.

Secondly, the Government must develop a high-profile information campaign aimed at improving women’s awareness of their rights, and employers’ understanding of their legal obligations and the business benefits of compliance. Best practice should be benchmarked, and the benefits of best practice, including flexible working, should be highlighted. Too often, the women most vulnerable to discrimination are those who know least about their workplace rights, and that includes young workers, recent migrants and many of the millions of women working in small, non-unionised workplaces. We can put that right.

Thirdly, that general awareness-raising must go hand in hand with a significant injection of funding to the specialist information and advice services that pregnant women and new mothers clearly need to help protect their rights at work. Pregnancy and maternity discrimination presents a massive challenge to women when they are least able to handle the additional stress and financial costs. Too many are unable to benefit from a trade union’s advice and support services, and cannot afford to pay for legal advice.

Fourthly, when women are aware of their rights and have the specialist advice that they need, they must have genuine access to justice. That means getting rid of the employment tribunal fees introduced in July 2013, which, beyond doubt, represent a substantial barrier to justice. We should also consider extending the time limit for claims from three to six months, or even beyond, because during pregnancy or after birth are hardly the time to pursue stressful legal claims.

Once women have access to the tribunal, we must ensure that those awarded financial compensation for pregnancy or maternity discrimination receive the money due to them. It is unacceptable that Government-commissioned research in 2013 suggested that 50% of all awards go unpaid by employers. I hope that, as a starting point, the Minister will agree to meet Maternity Action and the Alliance Against Pregnancy Discrimination in the Workplace. I have barely scraped the surface of this topic; I look forward to colleagues filling in as many of the gaps as possible.

In conclusion, pregnant women and new mothers deserve strong protection and high levels of support. Too many experience the opposite, and discrimination is far too widespread. It is time the Government stepped up to the plate; they must do so now.

--- Later in debate ---

[Stuart C. McDonald]

I am grateful to all hon. Members for their contributions to this debate. Many people who have spoken are far more expert on the issue than I am and have been campaigning on it for far longer. We heard from the right hon. Member for Member for Basingstoke (Mrs Miller) and the hon. Member for Strangford (Jim Shannon) about the discrepancy between the many employers who seem to find planning around maternity leave straightforward and the far too many who still find it a challenge. Perhaps we need to share best practice more widely. We heard from the hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) that it is not always easy to manage, but the motivation is there, and that employers can be rewarded with skills retention and employee loyalty.

My hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) spoke eloquently from her own professional experience, which is invaluable in such debates. The hon. Member for Ealing Central and Acton (Dr Huq) discussed the fact that discrimination starts even before conception, a point worth emphasising. My hon. Friend the Member for Glasgow Central (Alison Thewliss) spoke poignantly from personal experience, and my hon. Friend the Member for Lanark and Hamilton East (Angela Crawley) said that we are in the process of improving legislation, but we need practice to match up with implementation.

I am grateful to the shadow Minister and the Minister for their contributions. We are moving towards some degree of recognition that more must be done and of the reasons why we need to tackle the problem. I am grateful that the Minister has recognised the problems that we face. We still have a long way to go, but I am grateful that she is going to meet Maternity Action. I had better finish now, or I will run out of time.

Question put and agreed to.

Resolved,

That this House has considered maternity discrimination.