24/11/2017

Preventing pregnancy and maternity discrimination at work (UK)

From employers, managers and HR professionals to employees, job applicants and employee representatives, everyone  is catered for by new Acas guidance explaining how to reduce the chance of pregnancy and maternity discrimination in the workplace, how it might still occur and how it should be dealt with if it does.

While the Equality Act 2010 protects employees from discrimination and victimisation because of pregnancy and maternity, Acas still dealt with 14,000 related enquires last year – a 10% increase on the previous year.

In addition to explaining the law, its new guide also aims to encourage employers to make sure their workplaces are ‘inclusive’ so mothers to be and new mothers do not feel undervalued.

‘Pregnancy and maternity discrimination’ links to three separate documents .

1) ‘Pregnancy and maternity: key points for the workplace’, which is the main guidance, explains how the Equality Act protects employees from discrimination relating to the protected characteristics of pregnancy and maternity from when she becomes pregnant until her maternity leave ends.

Even after the protected period is over, it is still possible to discriminate against an employee because of her pregnancy, maternity or breastfeeding.

The key areas where discrimination might occur are identified as

  • recruitment
  • pay & terms of employment
  • job vacancies & promotion
  • training
  • managing absence during pregnancy
  • work performance
  • dismissal
  • redundancy
  • maternity leave
  • return to work

The guidance also covers considerations ranging from health and safety to supporting employees with premature or sick babies and raising/handling complaints.

2) Pregnancy and maternity discrimination: obligations for employers’ identifies 10 key obligations which are dealt with in more detail in the main guidance eg

  • ensuring policies and practices in the workplace don’t put an employee at a disadvantage because of pregnancy or maternity leave
  • making sure a place is provided for a breastfeeding employee to rest (this can’t be the toilet)

3) Pregnancy and maternity discrimination: top 10 myths include

  • you can’t sack pregnant workers
  • there isn’t any benefit in training employees who are about to take maternity leave
  • you can’t get in touch with employees on maternity leave
  • it’s perfectly reasonable to ask a job candidate whether they are pregnant or not

 

 

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