Pregnancy and maternity guide for working mums

It seems to be on a fairly regular basis that news emerges of another unfortunate working mum being subjected to unlawful discrimination, which confirms bias is still prevalent in the modern day workplace.

The Equality Act 2010 provides legal protection from pregnancy and maternity discrimination (1 cited 4.3.24). It covers those who are pregnant, breastfeeding, or have recently given birth.

While legal protections clearly exist, challenges continue to persist.

Every year tens of thousands of new mums are being forced to leave their jobs and being subjected to unfavourable work-related treatment.

The actual scale of pregnancy and maternity discrimination in the UK is truly shocking.

Previous research published by the Equality and Human Rights Commission reported that up to 54,000 mothers – an average of more than one thousand a week – were probably being forced to leave their jobs each year due to mistreatment during pregnancy, maternity leave, or after returning to work (2 cited 3.4.24) 

Over three-quarters of women (equivalent to 390,000 new mothers annually) experienced some form of pregnancy or maternity discrimination at work.

The figures were staggering and worrying but, what was happening and continues to happen, is nothing new.

The 2005 Equal Opportunities Commission's (EOC) report Greater Expectations examined the extent of pregnancy discrimination in Britain at the time (3 cited 4.3.24)  

The EOC reported almost half of the 440,000 pregnant women in Britain, experienced some form of disadvantage at work, simply for being pregnant or taking maternity leave.

It was also reported that 30,000 women were forced out of their jobs. This figure included women who opted for voluntary redundancy.

If an employee is treated unfairly because they are pregnant, breastfeeding or they have recently given birth it can amount to pregnancy and maternity discrimination (4 cited 4.3.24)  

By law an employer must not discriminate against someone it employs, or is considering employing, because of:

• Their pregnancy.
• An illness related to their pregnancy, including related time off.
• Maternity pay or leave they take, or plan to take.

The law applies regardless of how long the person has been employed.

Acts of discrimination can vary and include dismissal, not offering a job, changing pay or terms and conditions or making an employee work while on maternity leave.

The law covers the person during the ‘protected period’, which starts when you become pregnant and ends when your maternity leave ends or when you return to work, if this is earlier.

In recent weeks we have seen reported examples of employers mistreating working mums in that protected period.

A  pregnant chef was awarded a £18,000 discrimination payout after her male boss made her carry on lifting heavy pans even though she was pregnant (5 cited 4.3.24)  

The employee was told by her boss that he would not pay for her to take maternity leave and he then dismissed her the morning after she had requested time off because ‘she was bleeding and unwell.’

And a dental worker won a discrimination claim, which included her being left isolated after she was removed form a WhatsApp group while on maternity leave (6 cited 3.4.24) 

The Judge said her removal was ‘viewed as less favourable treatment’ for someone on maternity leave. A hearing to decide her compensation will take place at a later date.

For an employee who is pregnant or on maternity leave it is essential that you understand your rights during that time.

So after the congratulations have subsided after announcing you are pregnant or you are ready to return to work after spending time away with your new arrival, let us take a summarised look at what you are entitled to.

Your Legal Rights

Paid time off for antenatal care:

You will get antenatal care from health professionals during your pregnancy. You will be offered appointments with a midwife, or sometimes a doctor who specialises in pregnancy and birth (an obstetrician). You have the right to attend antenatal appointments without losing pay. This includes medical check-ups and recommended parenting classes.

Your contract:

Your employer cannot change the terms and conditions of your contract without consulting with you and getting your agreement. If they do alter your contract without your agreement, it is a breach of contract.

Maternity Leave:

Eligible employees can take up to 52 weeks’ maternity leave. The first 26 weeks is known as ‘Ordinary Maternity Leave’, the last 26 weeks as 'Additional Maternity Leave'.

The earliest that leave can be taken is 11 weeks before the expected week of childbirth unless the baby is born early. You are eligible for maternity leave, which can last up to a year. Check if you qualify for it.

Employees must take at least 2 weeks after the birth (or 4 weeks if they are a factory worker).

Maternity Pay:

The amount of maternity pay you will receive, and how long it lasts, will depend on what type of maternity pay you are entitled to:

Statutory Maternity Pay (SMP):

Is paid for up to 39 weeks. You will get:

• 90 per cent of your average weekly earnings (before tax) for the first six weeks and;
• £172.48 or 90 per cent of your average weekly earnings (whichever is lower) for the next 33 weeks. SMP is paid in the same way as your wages (for example monthly or weekly). Tax and National Insurance will be deducted.

Contractual maternity pay:

Your employer may offer this instead of SMP. Check your contract of employment or company maternity policy, which should make clear what you will be paid. Any contractual maternity pay will never be less than SMP.

Maternity Allowance:

Is a payment you can get when you take time off to have a baby. You could get it if you are: employed but cannot get Statutory Maternity Pay (SMP), are self-employed, have recently stopped working, or take part in unpaid work for the business of your spouse or civil partner.

You can get Maternity Allowance for up to 39 weeks.

You can use the government calculator to check if you can get Maternity Allowance (7 cited 3.4.24) 

Your partner may also have rights to pay and time off.

Protection against unfair treatment:

Discrimination due to pregnancy or maternity is unlawful. Employers cannot treat you unfairly because of your condition. If you face discrimination, know your rights and take action.

What to Expect During Pregnancy and Maternity Leave

Health and Safety Assessment:

You should inform your employer about your pregnancy, it should then assess any risks to you and your baby.

The type of risks may include heavy lifting, prolonged standing or sitting, exposure to toxic substances or long working hours.

Your employer must take reasonable steps to remove any risks that you face. In doing so it could mean offering you different work or adjusting your hours.

If risks cannot be eliminated, you should effectively be suspended on full pay.

Telling Your Employer:

Inform your employer about your pregnancy at least 15 weeks before your due date. If that is not possible (e.g. if you did not know you were pregnant), tell them as soon as you can.

Also, communicate when you plan to start your Statutory Maternity Leave and Statutory Maternity Pay.

Only after notifying your employer can you take time off for antenatal appointments.

What to do if treated unfairly

Know Your Rights:

Familiarise yourself with your legal rights. Visit our website for detailed information. 

If you have any concerns about unfair work-related treatment while pregnant or on maternity leave and need help and advice visit our Employee Support Centre.

Understand that discrimination based on pregnancy or maternity is unacceptable.

Talk to Your Employer:

If you feel you are being treated unfairly, discuss it with your employer. It may not be aware of its actions. If you want to make a formal complaint about mistreatment you can raise a grievance (8 cited 4.3.24) . Or seek advice from your health and safety representative or trade union if needed.

Finally

Remember, you have the right to a fair and supportive workplace during this crucial time.

Pregnancy and maternity leave are significant life events. So it is vital that you have the knowledge, assert your rights, and create a positive experience for both yourself and your growing family.