[UK] Pregnant women and new mothers facing redundancy during pandemic

[UK] Pregnant women and new mothers facing redundancy during pandemic
28 May 2020

The Equality and Human Rights Commission has warned that pregnant women and new mothers face losing their jobs during the COVID-19 pandemic due to unfair discrimination. Independent reports on its findings and the response.

The Equality and Human Rights Commission (EHRC) points out that employers will be forced to make difficult choices about who is laid off during the novel coronavirus crisis and predicts potentially “serious implications” for women who are pregnant or have newborns.

The warning comes at a time when campaigners are reporting pregnant women, as a result of the virus, being put on sick pay, annual leave, or receiving no pay at all during the lockdown.

The EHRC said existing employment safeguards for expectant and new mothers should be “urgently strengthened” more broadly and also specifically in the government’s return to work guidance, that is provided for employers.

It additionally demanded a three-month increase in the time limit for submitting employment tribunal claims for discrimination and harassment, arguing that it must be extended to half a year.

Rebecca Hilsenrath - chief executive of the EHRC - said, “Pregnant women and new mothers already face many challenges at work.

“The pressures of the coronavirus crisis add to the risk of discrimination. The government has already outlined its intention to increase protection from redundancy for pregnant women and returning mothers by an additional six months – we welcome this commitment and ask that this essential protection is now implemented.

“As the current situation makes it much harder to make discrimination claims, the time limit should be increased as part of emergency legislation. We know employers have to make tough decisions in these circumstances, but they must be fair to those on maternity leave or who have recently given birth. If we don’t act now the hard-earned rights of women at work will be set back.”

The EHRC asked the to government to boost the job retention scheme and to include in it the right for disadvantaged groups - like disabled people, those with long-term health conditions or those carrying out caring duties - to ask to be furloughed.

This follows an end of October extension to the government’s COVID-19 wage subsidy scheme for employees. Chancellor Rishi Sunak announced the furlough scheme, under which the government pays 80 per cent of furloughed employees’ wages (with a cap of £2,500 a month), would continue unchanged until the end of July.

Joeli Brearley - chief executive and founder of campaign group Pregnant Then Screwed - said the group shared the concerns of the EHRC.

Ms Brearly continued, “Last month, our free legal advice line received five times as many calls as it normally does. We’ve opened a second helpline to cope with the demand. Every day we are hearing from women placed on sick pay, annual leave, or going unpaid simply because they are pregnant. We’ve also heard of workplaces that are only furloughing pregnant women and mothers. This crisis has seen a blatant erosion of the employment rights of pregnant women and mothers.

“We are preparing for a surge in employment tribunal claims when people return to work. However, it’s completely unreasonable to expect employees to bring a claim within the three-month time limit, given the circumstances. Many of these women are either coming to terms with new motherhood, trying to balance work with no childcare or simply trying to survive financially.

“They don’t have the capacity to then take on legal action too. We have long campaigned for this time limit to be extended to six months, and the Law Commission has recently recommended this too. Delaying the implementation of this further will give unscrupulous employers a free pass.”

The NHS deems pregnant women as a vulnerable group which needs to adhere to strict social distancing.

Rosalind Bragg - director of national pregnancy charity Maternity Action - pointed out that the government had committed to making redundancy protections for new mothers stronger in 2017 yet women continue waiting for action to be taken.

“It is not acceptable that pregnant women will be left without the promised legal protections as businesses downsize during the pandemic,” she added. “Discrimination against pregnant women and new mothers was widespread before the pandemic, and we are very concerned that the situation will worsen as economic conditions deteriorate.”

Ms Bragg added, “On our advice lines, we are hearing from women at risk of redundancy who would benefit from the promised legal protections. There is nothing to stop the government taking swift action now to make the promised changes to the law.

“We have asked the government for guidance on health and safety for pregnant women at work, and are disappointed that this is still not forthcoming. This has left many pregnant workers facing a choice between unsafe working conditions or taking badly paid sick leave. Employers are unaware of their legal obligations. Pregnant women who cannot be offered safe working conditions should be suspended on full pay or offered furlough.”

A London School of Economics study, released last week, reveals women are more likely to lose their jobs than men in the upcoming recession because a greater proportion of women are employed in sectors predicted to be hit hardest. They are overrepresented in hospitality, tourism, the arts and leisure. All industries where the COVID-19 pandemic has caused thousands of workers to be furloughed or laid off. (Link via original reporting)

Source: Independent

The Equality and Human Rights Commission has warned that pregnant women and new mothers face losing their jobs during the COVID-19 pandemic due to unfair discrimination. Independent reports on its findings and the response.

The Equality and Human Rights Commission (EHRC) points out that employers will be forced to make difficult choices about who is laid off during the novel coronavirus crisis and predicts potentially “serious implications” for women who are pregnant or have newborns.

The warning comes at a time when campaigners are reporting pregnant women, as a result of the virus, being put on sick pay, annual leave, or receiving no pay at all during the lockdown.

The EHRC said existing employment safeguards for expectant and new mothers should be “urgently strengthened” more broadly and also specifically in the government’s return to work guidance, that is provided for employers.

It additionally demanded a three-month increase in the time limit for submitting employment tribunal claims for discrimination and harassment, arguing that it must be extended to half a year.

Rebecca Hilsenrath - chief executive of the EHRC - said, “Pregnant women and new mothers already face many challenges at work.

“The pressures of the coronavirus crisis add to the risk of discrimination. The government has already outlined its intention to increase protection from redundancy for pregnant women and returning mothers by an additional six months – we welcome this commitment and ask that this essential protection is now implemented.

“As the current situation makes it much harder to make discrimination claims, the time limit should be increased as part of emergency legislation. We know employers have to make tough decisions in these circumstances, but they must be fair to those on maternity leave or who have recently given birth. If we don’t act now the hard-earned rights of women at work will be set back.”

The EHRC asked the to government to boost the job retention scheme and to include in it the right for disadvantaged groups - like disabled people, those with long-term health conditions or those carrying out caring duties - to ask to be furloughed.

This follows an end of October extension to the government’s COVID-19 wage subsidy scheme for employees. Chancellor Rishi Sunak announced the furlough scheme, under which the government pays 80 per cent of furloughed employees’ wages (with a cap of £2,500 a month), would continue unchanged until the end of July.

Joeli Brearley - chief executive and founder of campaign group Pregnant Then Screwed - said the group shared the concerns of the EHRC.

Ms Brearly continued, “Last month, our free legal advice line received five times as many calls as it normally does. We’ve opened a second helpline to cope with the demand. Every day we are hearing from women placed on sick pay, annual leave, or going unpaid simply because they are pregnant. We’ve also heard of workplaces that are only furloughing pregnant women and mothers. This crisis has seen a blatant erosion of the employment rights of pregnant women and mothers.

“We are preparing for a surge in employment tribunal claims when people return to work. However, it’s completely unreasonable to expect employees to bring a claim within the three-month time limit, given the circumstances. Many of these women are either coming to terms with new motherhood, trying to balance work with no childcare or simply trying to survive financially.

“They don’t have the capacity to then take on legal action too. We have long campaigned for this time limit to be extended to six months, and the Law Commission has recently recommended this too. Delaying the implementation of this further will give unscrupulous employers a free pass.”

The NHS deems pregnant women as a vulnerable group which needs to adhere to strict social distancing.

Rosalind Bragg - director of national pregnancy charity Maternity Action - pointed out that the government had committed to making redundancy protections for new mothers stronger in 2017 yet women continue waiting for action to be taken.

“It is not acceptable that pregnant women will be left without the promised legal protections as businesses downsize during the pandemic,” she added. “Discrimination against pregnant women and new mothers was widespread before the pandemic, and we are very concerned that the situation will worsen as economic conditions deteriorate.”

Ms Bragg added, “On our advice lines, we are hearing from women at risk of redundancy who would benefit from the promised legal protections. There is nothing to stop the government taking swift action now to make the promised changes to the law.

“We have asked the government for guidance on health and safety for pregnant women at work, and are disappointed that this is still not forthcoming. This has left many pregnant workers facing a choice between unsafe working conditions or taking badly paid sick leave. Employers are unaware of their legal obligations. Pregnant women who cannot be offered safe working conditions should be suspended on full pay or offered furlough.”

A London School of Economics study, released last week, reveals women are more likely to lose their jobs than men in the upcoming recession because a greater proportion of women are employed in sectors predicted to be hit hardest. They are overrepresented in hospitality, tourism, the arts and leisure. All industries where the COVID-19 pandemic has caused thousands of workers to be furloughed or laid off. (Link via original reporting)

Source: Independent

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