MAGRATH LLP HUMAN RESOURCES UPDATE:
PREGNANCY DISCRIMINATION

This month sees the launch of the Equal Opportunities Commission's investigation into discrimination faced by pregnant women at work.  The EOC is to make recommendations to the Secretary of State for Trade & Industry in February 2005, prior to which it will consult with employers, trade unions, advisors and women who have experienced such problems at work as part of the investigation.

The investigation will aim to establish how many women are affected by pregnancy related discrimination, what impact such discrimination has on their lives, the issues that employers face and their concerns in dealing with pregnant employees and what can be done to improve the situation.  Whilst the project will focus on pregnancy discrimination it is thought that the recommendations made could be very relevant to other forms of gender discrimination.

The EOC has already carried out two preliminary studies into pregnancy related discrimination. These studies suggested that the issue is widespread across industries and occupations, and the range of problems faced include dismissal, lack of promotion, change of salary terms, unfounded criticism, downgraded appraisals, non-payment of bonus, change of shift hours and disciplinary action relating to performance.

In the last few years the Government has introduced a number of additional rights for pregnant women who work.  The most recent of which have been the increase of paid and unpaid maternity leave, the reduction of the qualifying period for maternity rights and the introduction of flexible working rights.  Whether the recommendations of the EOC will result in further amendments to these rights remains to be seen.  However, in the interim employers are well advised to review their employee handbook and policies dealing with maternity provision to ensure that they are up to date with the current legislation, particularly in light of the significant developments made by the Employment Act 2002 and that they and their line managers fully understand their duties and responsibilities in dealing with this area.