Illegal pregnancy discrimination on the rise in UK

A new report commissioned by the Equality and Human Rights Commission (ECHR) with the Department for Business, Innovation and Skills has suggested that pregnancy discrimination, which is illegal, has risen significantly since 2005. The new research found that one in five mothers said they had experienced harassment or negative comments in the workplace related to pregnancy or flexible working. Three-quarters of mothers questioned felt an employer’s knowledge of their pregnancy had negatively affected their chances in job interviews. To combat the problem, the EHRC has recommended stronger steps to prevent women being asked about pregnancy and motherhood in interviews and reduced fees for employment tribunals. It also raised the possibility of a Danish-style collective insurance scheme to help small- and medium-sized employers provide enhanced pay and cover for maternity leave.

Three-quarters of pregnant women and new mothers experience discrimination at work and one in nine lose their job as a result, government-commissioned research has found.

The report suggests that pregnancy discrimination, which is illegal, has risen significantly since 2005, when 45% of women said they had experienced such discrimination.

The research, published on Tuesday, found one in five mothers said they experienced harassment or negative comments in the workplace related to pregnancy or flexible working and one in 10 said they were discouraged from attending antenatal appointments.

The results, which equate to 390,000 women experiencing discrimination across Britain, were described as shocking by Maternity Action. The Equality and Human Rights Commission (ECHR), which commissioned the report with the Department for Business, Innovation and Skills, urged the government to take urgent action to address the problem.

Caroline Waters, deputy chair of ECHR, said: “We simply cannot ignore the true scale of the hidden discrimination that working mothers face. This is unacceptable in modern Britain, and urgent action is needed to ensure women are able to challenge discrimination and unfairness. This is why we are calling on the government to look at the barriers working pregnant women and mothers face in accessing justice.

“We want to make workplaces fairer for everyone and get rid of outdated practices like asking women during job interviews whether they intend to have children. For businesses to thrive, they need to harness the talents, skills and experience of all employees.”

The survey of more than 3,000 mothers and 3,000 employers suggested a number of reasons for the escalating problem, including employment tribunal fees of up to £1,200 introduced in 2013, fear of negative repercussions at work, lack of information about rights and the stress of making a claim.

While most employers said it was in their interests to support women who are either pregnant or on maternity leave (84%) and that pregnant women and mothers were as committed as other employees, a significant minority expressed negative views. About a quarter felt pregnancy put an unreasonable cost burden on the workplace and a similar proportion suggested it was reasonable to ask women in job interviews whether they planned to have children.

Three-quarters of mothers questioned who were unsuccessful in job interviews felt the employer’s knowledge of their pregnancy had affected their chances.

Among the EHRC recommendations following on from the report are stronger steps to prevent employers asking in job interviews about a woman’s pregnancy or her intention to have children.

It also suggests the government should look at lowering the fees for employment tribunals and explore the feasibility of a collective insurance scheme to help small and medium employers provide enhanced pay and cover for maternity leave, as in Denmark.



Jo Swinson, who commissioned the research in 2013 when she was minister for employment relations and now chairs Maternity Action, said the findings should be a wake-up call for the government and employers.



“Part of the gender pay gap is driven by how women are supported in the workplace around before and after pregnancy so the government should consider extending pay gap reporting to include return rates after maternity leave,” she said.



“Now that we know the shocking scale of the problem, the government needs to take swift action to better protect women in the workplace.”

The government said it was “too soon” to make changes to employment tribunal fees and rejected an increase in the time limit for a claim from three to six months, but accepted the EHRC’s other recommendations.

The minister for women and equalities, Nicky Morgan, and the business secretary, Sajid Javid, said in a joint statement: “It will take coordinated action from government, the EHRC and business – at all levels and of all sizes as well as stakeholders – to truly tackle pregnancy and maternity-related discrimination in the workplace and stamp it out for good.”