Employers need to show they respect employee’s rights
Organisations are increasingly moving towards having more dynamic and flexible workforces, so those that do not handle maternity well could find themselves losing out on top talent.
A recent study by the Equality and Human Rights Commission showed women still felt disadvantaged by employers’ attitude and conduct towards pregnancy and maternity. One in nine mothers reported they were either dismissed or made redundant where others in their workplace were not, or treated so poorly they felt they had to leave their jobs. One in five said they had experienced harassment or negative comments related to pregnancy or flexible working from their employer or work colleagues.
There are compelling legal, and moral, reasons for employers to treat pregnant or employees on maternity leave appropriately. It is unlawful to treat an employee unfavourably from the beginning of pregnancy to the end of maternity leave ‘because of’ her pregnancy or maternity leave. Pregnant employees are entitled to paid time off to attend antenatal appointments and, on return from maternity leave, are generally entitled to the same job, on the same terms and conditions, as if they had not been absent.
Pregnant employees can also benefit from positive discrimination, one of the few examples of this under UK law. If an employee is potentially redundant while on maternity leave, she is entitled to priority access to any suitable vacancy over other potentially redundant employees.
Pregnancy can be an uncertain time for employees, who have to balance an enormous life change with maintaining their career, and there are a number of practical steps that employers can take to support employees through the process. They can, for example, hold regular meetings with the employee prior to the start of maternity leave in order to outline the plan for managing the leave, including who will be covering her duties in her absence. This is also a good opportunity to discuss returning to the same role and to confirm the employee’s other rights. Employees who take maternity leave may have real concerns about what their rights are and her employer’s approach to her pregnancy in general. Holding a meeting with the employee at this stage can help put the employee at ease and quell these concerns from the outset.
Employers should also adopt an accommodating and reasonable approach to the employee’s requests for antenatal appointments. If a manager makes it tricky for the employee this early on, it can damage working relationships. The employee’s entitlement to work 10 ‘Keeping in touch’ days during maternity leave can help to stay in contact with the employee during her maternity leave. Even a simple email now and then can be an effective tool in reassuring employees they are still part of the company and have not been forgotten about.
As the end of maternity leave approaches, HR should discuss the employee’s return date with her and find out if she needs any assistance. This is a good time to discuss the company’s flexible working policy or any shared parental leave arrangements with her. Employees can get anxious about juggling a job and motherhood during maternity leave. Discussing flexible working early on can show the employee the company is willing to accommodate her needs.
Employers should ensure that any maternity cover is on a contract of similar length to the intended length of the maternity leave. An employee on maternity leave will begin to question her future position if the employer has hired cover for a period longer than she has indicated she will be on leave.
Employers will help generate a workspace that promotes gender diversity if they can demonstrate to both prospective applicants and current female employees that their organisation has policies and procedures to ensure women get the protection and the support they need during maternity and the period following their return to work.
Harry Abrams is a solicitor in the employment team at IBB Solicitors
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