Maternity discrimination is a significant issue in the UK, affecting thousands of women each year. It is a form of unfair treatment that occurs when a woman is treated less favourably because of her pregnancy or because she has taken or is about to take maternity leave. This guide aims to provide UK employers with comprehensive information on how to prevent maternity discrimination in the workplace, including examples of pregnancy discrimination, how to prove pregnancy discrimination, and details on average settlements for pregnancy discrimination in the UK.
Understanding Maternity Discrimination
Maternity discrimination can take many forms, from subtle changes in attitude to outright dismissal. It is essential for employers to understand what constitutes maternity discrimination to prevent it effectively.
- Direct discrimination: This occurs when a woman is treated less favourably because of her pregnancy or maternity leave. For example, if an employer decides not to promote a woman because she is pregnant or on maternity leave, this is direct discrimination.
- Indirect discrimination: This happens when an employer has a policy or practice that applies to all employees but disadvantages those who are pregnant or on maternity leave. For example, if an employer has a policy of not allowing part-time working, this could disadvantage women who are pregnant or on maternity leave.
- Victimisation: This occurs when a woman is treated badly because she has made or supported a complaint about maternity discrimination.
- Harassment: This happens when a woman is subjected to unwanted conduct related to her pregnancy or maternity leave, which has the purpose or effect of violating her dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for her.
Examples of Pregnancy Discrimination
Understanding examples of pregnancy discrimination can help employers identify and prevent such behaviour. Here are some common examples:
- Refusing to hire a woman because she is pregnant or might become pregnant.
- Dismissing a woman or making her redundant because she is pregnant or on maternity leave.
- Denying training or promotion opportunities to a woman because she is pregnant or on maternity leave.
- Harassing a woman because of her pregnancy or maternity leave.
- Changing a woman’s job duties without her consent because she is pregnant.
Average Settlement for Pregnancy Discrimination in the UK
When a woman experiences maternity discrimination, she may be entitled to compensation. The average settlement for pregnancy discrimination in the UK varies depending on the severity of the discrimination and the impact on the woman’s career and personal life. However, it is important to note that the cost to the employer extends beyond the financial settlement. The reputational damage and the impact on employee morale can be significant.
Maternity Discrimination Cases in the UK
There have been numerous maternity discrimination cases in the UK, many of which have resulted in substantial settlements. These cases serve as a stark reminder of the importance of preventing maternity discrimination in the workplace.
- In 2016, a woman was awarded over £180,000 after she was dismissed from her job because of her pregnancy.
- In 2018, a woman was awarded £5,000 after her employer failed to carry out a risk assessment while she was pregnant.
- In 2019, a woman was awarded £25,000 after she was made redundant while on maternity leave.
How to Prove Pregnancy Discrimination
Proving pregnancy discrimination can be challenging, but it is not impossible. Here are some steps that can help:
- Keep a record of all incidents related to the discrimination, including dates, times, locations, and any witnesses.
- Collect evidence, such as emails, letters, or notes from meetings that show discriminatory treatment.
- Seek advice from a legal professional or a trade union representative.
Preventing Pregnancy and Maternity Discrimination
Preventing pregnancy and maternity discrimination is not only a legal obligation but also a crucial part of creating an inclusive and supportive workplace. Here are some steps employers can take:
- Develop and implement a clear policy on pregnancy and maternity discrimination.
- Provide training to all employees on the policy and their rights and responsibilities.
- Ensure that managers and supervisors understand their obligations and are equipped to handle pregnancy and maternity-related issues.
- Regularly review and update the policy to ensure it remains relevant and effective.
- Take all complaints of pregnancy and maternity discrimination seriously and investigate them promptly and thoroughly.
In conclusion, maternity discrimination is a serious issue that can have significant consequences for both employees and employers. By understanding what constitutes maternity discrimination, recognising examples of pregnancy discrimination, knowing how to prove pregnancy discrimination, and being aware of the average settlement for pregnancy discrimination in the UK, employers can take proactive steps to prevent such discrimination in their workplaces.
