AMONG the most heartbreaking cases of workplace discrimination I have encountered have been those that are pregnancy related. Women who oftentimes come to doubt their ability and self-worth are faced with blatant or disguised discriminatory attitudes and/or actions. Many may not be aware that their experiences are increasingly the norm.

The equality and human rights commission (EHRC) doggedly plugs away producing research and, most recently, a survey that revealed shocking employer attitudes towards pregnant women and new mothers.

The recent timeline on research, inquiries, reports and recommendations starts in 2016 when the EHRC revealed a staggering 77 per cent of pregnant women and new mothers experienced discrimination or negative attitudes during pregnancy, maternity leave and on their return from maternity leave.

When the EHRC 2016 data is scaled up, it amounts to 54,000 women having lost their job, needless sacrifices accounted for by employers’ discrimination. What will dismay many campaigners is that the EHRC 2005 comparable research showed 30,000 women lost their jobs. Put simply, employer discrimination is endemic and getting worse. In fact, the 2016 figures show pregnancy-related discrimination is 80 per cent higher than the previous decade.

Prompted by the EHRC findings, the parliamentary women and equalities select committee set up an inquiry into the issues raised, which duly published their recommendations in January 2017 based on the following observation, “We find it shocking that the number of new and expectant mothers feeling forced out of their job has nearly doubled in the past decade.”

The committee called for better protection throughout pregnancy and maternity leave and six months afterwards. The government responded with the platitude that it was “determined to build an economy for everyone” but did at least commit to review the position in relation to pregnancy-discrimination-related redundancy.

The government needs look no further than to Germany where pregnant women and new mothers can only be made redundant in specific circumstances. There are existing rights in British law. For example, women are entitled to be offered a suitable alternative vacancy, if one exists, if their role is redundant at any time during the maternity leave period and not be forced to compete by assessment or interview.

Women are also entitled to consultation and it is not deemed sex discrimination against a man to provide more favourable treatment to a woman because of pregnancy and maternity leave.

Yet, as any union representatives will confirm, beneath the EHRC data are dreadful cases where women are told their maternity cover “did a better job,” “there is no space for them” and even “the organisation has moved on.” Many courageous women do challenge employers without union support and this can be daunting and expensive.

Even if rights were toughened up, without enforcement and serious penalties for breaches, women are reliant on their employer ‘doing the right thing.’

In February 2018, the EHRC published its survey of 1,106 senior decision makers and here is what it found:
    •    Six in 10 agreed women should have to disclose if they are pregnant during the recruitment process
    •    Nearly half agreed that it is reasonable to ask women if they have young children during the recruitment process
    •    44 per cent stated a woman should work for an organisation for a year before deciding to have children

No wonder the EHRC commented that “British employers are ‘living in the dark ages’ and have worrying attitudes towards unlawful behaviour when it comes to recruiting women.”

Maternity Action (MA) campaigns against pregnancy-related discrimination, 80,000 legal information sheets are downloaded from its website each month. In a comprehensive and insightful report published in November 2017, MA highlights specific actions needed to drive change. As well as demanding better law, Maternity Action recommends training midwives, support workers and health visitors in maternity rights so they can signpost women to sources of advice and support.