The European Human Rights Commission has found that 6 per cent of women who are "covered" by pregnancy and maternity protection are made redundant and 11 per cent of women returning from maternity leave feel forced to leave their jobs. Building on these (and other) findings, the Women and Equalities Commission, in August 2016, made numerous recommendations to the government aimed at combating pregnancy and maternity discrimination (click here for the full report). The government has now responded to these recommendations (click here for the full response).

The majority of the recommendations made were rejected by the government as it feels that the current legal framework already offers adequate protection. However, the government has promised to:

  • commission further research (to be completed by 2020) on pregnancy and maternity discrimination; and
  • monitor:

    • the frequency of pregnancy and maternity discrimination;
    • the level of awareness of maternity rights; and
    • the availability and effectiveness of support and advice for both employers and employees.

The government also noted that:

  • maternity rights for workers will be considered in Matthew Taylor MP's review of employment status;
  • it considers that current health and safety structures are sufficient as they are;
  • it has already made assurances that Brexit will not erode employment rights;
  • it doesn't see a case for increasing the time limit for pregnancy/maternity related discrimination claims;
  • it will publish its response to tribunal fees in due course; and
  • it favours improving information available for new and expectant mothers but thinks this is better provided digitally.

Given the promise to commission further research and monitor this area, as well as the upcoming review of employment status by Matthew Taylor MP, this is an area that is likely to see at least further discussion in the not-too-distant future.

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