Mothers: ruin? Employers Legal Risks Over Women of Child Bearing Age

On the 30th anniversary of the Sex Discrimination Act 1975, new research from the Recruitment and Employment Confederation (REC) reveals that employers are actively discriminating against pregnant women and women of child-bearing age.

- 75% of recruitment agencies claimed to be aware of businesses blacklisting young women.

- Over 10% felt that pressure from employers prevented them from putting forward pregnant candidates, or those likely to have children.

- More than 20% said more clients were asking them to break the law by avoiding young women who may be looking to start a family.

Helen Badger, employment law expert at Browne Jacobson, looks at the risks employers face if they discriminate and the potential impact of extended maternity leave due to come into force in April.

The current climate
As well as an obligation to provide 26 weeksí paid maternity leave, employers face increasingly tough legal measures aimed at protecting womenís working rights:

- Health & Safety ñ expectant mothersí jobs must be risk assessed. If their job is a risk to their health, they must be offered a suitable alternative role or suspended on full pay.

- Right to return - to old job on equal terms and conditions - problematic if employers find for example that the temporary replacement performs better than the employee on maternity leave!

- Ante-natal appointments ñ pregnant women are entitled to time off for these.

- Bonuses ñ what to do with employees on maternity leave where bonuses are performance-related?

- Accrual of annual leave ñ holiday still accrues while on maternity leave, an additional burden to businesses

Extended maternity leave
Measures under the Work and Families Bill to be introduced in April 2007 will put further pressure on employers by extending maternity leave, and may prove detrimental to women as companies count the financial and operational cost of a longer maternity absence.

- The Act proposes an increase to 39 weeksí paid maternity leave - and eventually a full year

- Employers will not only have to continue paying an employee during the extyended maternity leave, but also find sufficient funds for a temporary replacement

These elements add up to a reluctance to recruit women of child- bearing age. Employers may be tempted to avoid doing so, and ìdress upî reasons for this. The burden is particularly felt by small or start-up businesses and charities, who do not necessarily have the resources to support staff through pregnancy.

The reality in the workplace for women likely to become pregnant can be a world apart from the aims of equal opportunities legislation.