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Stuart Gentle Publisher at Onrec

Employers still see pregnancy as a problem, says EOC research

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In an average year more than a thousand women take legal action claiming they were sacked because of their pregnancy, and this figure is only the tip of the iceberg, Julie Mellor, Chair of the Equal Opportunities Commission (EOC) said today. Yet employers who do support women when
they are pregnant and on their return to work see real benefits to their bottom line.

Ms Mellor was speaking on the day of the launch of Pregnancy
discrimination at work: a review, which was carried out by the EOC as part of Pregnant and Productive, the first ever investigation into the problems encountered by new and expectant mothers and their employers in managing pregnancy at work. She said the report revealed many employers
still see pregnancy as a problem and discrimination still goes on. Knowing more about the challenges employers face in dealing with pregnant staff will help us develop recommendations that work for both mployers and individuals.

Ms Mellor went on to say:
Our research indicates that employers’ concerns about the impact of their staff’s childcare problems can mean that some see the announcement of an employee’s pregnancy as forewarning of difficulties in the future. The childcare challenge for parents is made worse by Britain’s long
hours and a lack of flexibility. The economic realities of modern life mean that most parents have to work.

However, pregnant women who are treated fairly by their employers are more likely to go back to work after having children. With the average cost of replacing one member of staff amounting to 4,000, the British economy and individual employers themselves simply cannot afford to lose
valuable, skilled staff - just because they are pregnant. Many firms do manage pregnancy successfully and we are keen to learn the lessons of those that do as part of our forthcoming in-depth research into the problems employers, large and small, face.

When women are pushed out they don’t just pay a financial cost, the evidence also suggests that they are more likely to suffer from depression.

The investigation’s first report, a review of existing research, reveals that:
Between 1996 and 2002, on average more than 1000 pregnancy related unfair dismissal claims per year were registered at tribunals in England and Wales;
The average compensation award for women who have been dismissed because of their pregnancy for injury to feelings is 2,000 lower than the average awards given for non-pregnancy related dismissals;
The amount of maternity pay women in Britain receive is amongst the lowest in the European Union although maternity leave entitlement is higher in Britain than in most other countries;
Small studies of tribunal cases reveal that the majority of women are dismissed prior to going on maternity leave, sometimes within hours or days of informing their employers that they are pregnant;
The current legal time limit for making a claim of pregnancy discrimination is three months. This means that many women must lodge their claim with the employment tribunal during the latter stages of pregnancy or when they have recently given birth. More research is needed to look at whether the current tribunal system is fully accessible to pregnant women;
The fact that pregnancy discrimination still persists may reflect a traditional image of motherhood as incompatible with paid employment. As someone who e-mailed the EOC remarked, I work for an organisation that seems to believe that having a day off for a hangover is pretty
macho, but having a day off for morning sickness is a pain in the neck. I call the place Jurassic Park.

In order to plug the gaps in knowledge about the causes of
discrimination against expectant mothers, highlighted by the research released today, the EOC has commissioned NOP Research Group to carry out in-depth research into the attitudes and experiences of employers over the coming months. The EOC is also calling for more employers to
contact us with details of their experiences in dealing with pregnant staff in order to help us develop recommendations that work for both employers and individuals.

The EOC has appointed an External Advisory Board which will steer the EOC’s work on this investigation until the publication of the final report (in March 2005). The Board is chaired by Fiona Cannon, EOC Commissioner and Head of Equality and Diversity at Lloyds TSB and now includes:
Stephen Haddrill, Director General of Fair Markets, DTI
Glyn House, Head of Diversity, Sainsbury’s
Caroline Waters, Director of People Networks, BT
Janet Gaymer, Senior Partner, Simmons & Simmons, Chair of Employment Tribunal System Taskforce
Sarah Veale, Head of Equality & Employment Rights Dept, TUC
Shona Simon, Chair Employment Tribunal Edinburgh
Liz Kendall, Director, Maternity Alliance
Shernaz H Engineer, Managing Director, Verity Appointments
Joergen Frederiksen, HR Director, Kelloggs
Rhian Davies, Chief Executive, Disability Wales