Businesses prejudiced towards women of child-bearing age

Available for comment: Richard Smith, Employment expert, Croner

Thousands of new sex discrimination claims could be just around the corner after a survey finds that more than four-fifths of UK HR professionals say their bosses automatically think twice before employing a woman of íchildbearing age.í

The online poll by Croner, one of the UKís leading providers of business information and advice, reinforces todayís news of an Equal Opportunities Commission report that employers are discriminating against pregnant employees, and reveals that actually discrimination may even start before a woman becomes pregnant.

Croner is advising that businesses need to be more aware of what constitutes sexual discrimination in the recruitment process, as simply not giving a job interview to a woman falling in this category could be enough to trigger a claim.

The latest government statistics show there are nearly ten million working women of childbearing age (16-49) in the UK workforce, with three and a half million aged 25-34, the most common age range for starting a family.

With the choice of employing either a newly married lady in her twenties or an older woman with children, some employers may think they have good business reasons for choosing the older woman, who is thought least likely to go on maternity leave.

However, Richard Smith, HR expert at Croner, is saying that bosses should beware of potential sex discrimination claims from women who feel they may be overlooked during recruitment because they are of childbearing age.

He says: It is unlawful sex discrimination to refuse to interview or employ a woman because she is, or is suspected to be, pregnant. This also applies to women of childbearing age, since this is not something related to her ability to do the job.

Employers should steer clear during an interview of asking when a woman plans to start a family. This has nothing to do with her role as an employee and could be used as Tribunal evidence for sex discrimination.

Some employers, especially in smaller companies, may think they have a business case for not employing younger women as they may find it difficult to recruit maternity cover or accommodate flexible working requests, should an employee become pregnant.

But the law is very clear. It is unlawful sex discrimination to take into consideration factors relating to gender when recruiting staff.

Although women are equal in the eyes of the law, they still face much prejudice and discrimination in the workplace, such as unequal pay, íglass ceilingsí and harassment.

Richard says: Employment law is in place to protect millions of working women from discrimination, while still allowing them to enjoy the benefits of maternity leave and flexible working they are entitled to. With the average age of women having their first child at 29, three years older than in 1972, itís clear women are choosing to carve out a career before starting a family.

Our survey shows that employers are making this harder through being prejudiced towards women who might soon decide to have a baby. We are therefore advising bosses to ensure they are aware of the rights of mothers, expectant mothers and women of childbearing age to minimise the risk of a costly claim.