In a new initiative by the Scottish Equal Opportunities Commission ("EOC") to reduce pregnancy-related discrimination, pregnant women in Scotland are being given a leaflet detailing their rights and responsibilities at their 12-week scan.
This new scheme was introduced following the launch of ‘Pregnant and Productive’, an investigation by the EOC into discrimination suffered by pregnant workers in Great Britain. The investigation which was carried out over of a period of 21 months uncovered some startling information about the levels of pregnancy discrimination experienced in all sectors and in all sizes of employer, both public and private and affecting women of all incomes.
The results indicate that the majority of discrimination of this kind is more likely to occur in Scotland (54%) than in either England (50%) or Wales (38%). The Scottish findings included the fact that:
- 71% of women in Scotland experiencing discrimination do not take the first step of raising the issue with their line manager for fear of the consequential treatment and for fear of harming either their current or future job prospects;
- 11% of women in micro workplaces (less than 10 employees) are more likely to lose their jobs as a result of their pregnancy; and
- 1/5th of employers were unable to quote a single statutory entitlement; 11% thought that paid time off for ante-natal appointments was an additional benefit and 2% thought that maternity pay was an additional benefit rather than a statutory one.
The EOC found that the view among (particularly small employers) was that the amount of employment law they were required to be aware of and understand was overwhelming and they would consequently avoid it altogether.
As a result of the findings, the EOC Scotland called upon the Scottish Executive to support and implement a new 3-step action plan in an attempt to end pregnancy discrimination. Their recommendations for the 3-step plan consist of:-
- a written statement of rights and responsibilities to be given to women at their 12-week scan;
- a best practice guide for employers, specifically tailored to the needs of varying sizes of employers; and
- more support to be provided to small and micro businesses in the form of HR support and financial support, provided by the Government.
The first of these recommendations is already in place. The leaflets, produced by the DTI and entitled: "Pregnancy and work: What you need to know as an employee", are being distributed by hospital staff to new expectant mothers along with the magazine ‘Together We Care’, a publication produced by the Royal College of Midwives. To date more than 3,500 leaflets have been distributed.
The leaflet sets out in an easy format, the key things employees must do at each stage of their pregnancy and throughout their maternity leave and why. It also sets out the rights and responsibilities of the employer. It details time limits and the consequences of not meeting specific time limits throughout the pregnancy and maternity leave.
The leaflet has managed to successfully cover everything in brief. The duplicate tear-off section at the back is intended to be given to the employer thereby ensuring that both the employee and the employer are aware of their rights. If more detail is required, the final section lists useful telephone numbers of helpful organisations.
The leaflet can be found on the DTI’s website at http://www.dti.gov.uk/files/file34285.pdf
Disclaimer
The material contained in this e-update is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
