What is pregnancy and maternity discrimination?
Pregnancy and maternity discrimination occurs when a woman is treated unfavourably because of her pregnancy, childbirth, or related conditions. This includes unfavourable treatment due to pregnancy, childbirth, or a related illness and discrimination during the period of maternity leave.
What protections are in place for pregnant women and new mothers in the workplace?
Under the Equality Act 2010, women are protected from discrimination because of pregnancy and maternity. This means it is illegal for employers to treat women unfavourably because they are pregnant, are ill because of pregnancy, or are on maternity leave.
What are some examples of pregnancy and maternity discrimination?
Examples include:
- Firing or demoting a woman because she is pregnant or on maternity leave.
- Not offering a job to a woman because she is pregnant.
- Denying training or promotion opportunities to a woman because she is pregnant or on maternity leave.
- Harassment or unfavourable treatment due to pregnancy or maternity leave.
Can an employer ask if a candidate is pregnant during a job interview?
No, it is inappropriate and potentially discriminatory for an employer to ask a candidate if she is pregnant or plans to have children during a job interview. Hiring decisions should be based solely on the candidate’s ability to perform the job.
What should I do if I believe I am experiencing pregnancy or maternity discrimination?
If you believe you are being discriminated against because of pregnancy or maternity, you should:
- Raise the issue informally: Speak to your manager or HR department to address the issue.
- Make a formal complaint: If the informal approach does not resolve the issue, you can follow your employer’s grievance procedure.
- Seek legal advice: You can consult with an employment lawyer or contact organisations like ACAS (Advisory, Conciliation and Arbitration Service) for guidance.
- File a claim: If necessary, you can file a claim with an Employment Tribunal. This must be done within three months less one day from the date of the discrimination.
What are the rights of women on maternity leave?
Women on maternity leave are entitled to:
- Statutory Maternity Leave: Up to 52 weeks (26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave).
- Statutory Maternity Pay (SMP): Up to 39 weeks of pay, subject to eligibility.
- The right to return to the same job (or a suitable alternative) after maternity leave.
- Protection from dismissal or unfavourable treatment due to maternity leave.
Can an employer refuse to grant maternity leave?
No, an employer cannot refuse to grant maternity leave if the employee is eligible. All employees are entitled to up to 52 weeks of maternity leave, regardless of their length of service.
Is it possible to work while on maternity leave?
During the maternity leave period, women are allowed to work up to 10 “Keeping in Touch” (KIT) days without ending their maternity leave or affecting their maternity pay. This allows them to keep in touch with their workplace, undergo training, or participate in important meetings.
What support is available for women experiencing pregnancy-related health issues at work?
Employers are required to carry out a risk assessment to ensure that the workplace is safe for pregnant employees. If there are risks, employers should make reasonable adjustments to the employee’s work conditions or hours. If adjustments are not possible, the employer may need to offer suitable alternative work or suspend the employee on full pay.
Can fathers or partners take time off to support the mother?
Yes, fathers and partners are entitled to:
- Paternity leave: Up to two weeks of paternity leave.
- Shared parental leave: Allows parents to share up to 50 weeks of leave and 37 weeks of pay between them.
- Parental leave: Up to 18 weeks of unpaid leave per parent per child, available until the child’s 18th birthday.
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