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Thanks to Butterworths.co.uk
What is the scale of pregnancy discrimination in the
workplace?
The first ever investigation into pregnancy discrimination in the workplace
was launched by the Equal Opportunities Commission. Ian Hurst, employment
solicitor with Simpson Millar, explains its findings to Mary Luckham�
Using its statutory powers under
the Sex Discrimination Act the Equal Opportunities Commission (EOC) has carried
out research into the knowledge and attitudes of 450 employers as part of Pregnant
and Productive, the first ever investigation into pregnancy discrimination
in the workplace. The investigation was launched last year and its aim is to
find out the scale of pregnancy discrimination, the impact of discrimination on
families, employers and society, and what can be done to make pregnancy a more
positive experience in the workplace.
According to Ian Hurst, an employment solicitor with Simpson Millar, the most
common reason for discrimination is that �basically, some employers just do
not want employees who are pregnant. They will find excuses to get rid of them.
Their reasons are often to do with pay and having to replace that individual
with another employee.�
�They probably see problems later down the line in that they think a person
won�t be able to work as fully as she did before she was pregnant. It might be
that she is doing manual labour or working in an office where she might have to
lift files and suchlike,� he says.
�They also see a problem with the fact that they will have to employ someone
else to cover while that individual is on maternity leave and will have to pay
for maternity leave,� Millar adds. However, he does make the point that firms
can claim from the state some of the costs incurred in this regard.
If a person is dismissed because of pregnancy he points out that: �She can
claim unfair dismissal as long as it is not a genuine dismissal. She can also
claim unfair selection for redundancy�again so long as it is not a fair
selection.� That is, he explains, �as long as the employer does not take
into account when making that decision, the fact that the individual is
pregnant.�
The EOC investigation was launched because small-scale studies of employment
tribunal decisions indicated that pregnancy discrimination was an ongoing
problem. It seems that the EOC receives more calls to its helpline about this
issue than any other, suggesting that some employers are not fulfilling their
legal rights towards pregnant women. Jenny Watson, deputy chair of the EOC, has
said that although many organisations do handle pregnancy positively the results
of their research �suggest that significant numbers of employers have limited
knowledge of the law, which may be preventing them from managing pregnancy
effectively.�
For example, it seems that 28% of employers canvassed by the EOC did not think
it was worth training someone who is pregnant and may not return to
work�despite the fact that denial of training on the grounds of pregnancy is
against the law. Hurst comments: �If a firm is going to employ people, then it
is bound by the legislation and should be aware of such legislation.�
It seems that the majority of employers have positive attitudes to pregnancy in
the workplace, according to forthcoming research from the EOC but a lack of
awareness and understanding of their legal obligations could be preventing many
businesses from managing pregnancy effectively.
Hurst considers that things would improve if small firms were better educated in
respect of how they can claim for expense incurred because of an employee�s
pregnancy. Additionally, be says: �If you have an employee who has been there
for a long time then it would surely make more sense for that employee to be
allowed back at the end of the maternity period. That way money will not have
been wasted on training that individual.�
(23/08/04)
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