Expecting The Worst

I’ve mentioned that one of the pieces of advice I give out most frequently is that “pregnant women are bomb proof”. However, statistics show that some employers are not following that advice.

The Equal Opportunities Commission has just released the results of an 18 month investigation into the way that pregnant women are treated in the work place and the results are disquieting. The Commission suggests that as many as 30,000 women lose their jobs every year simply because they are pregnant. This includes women who feel they have to resign as a result of the treatment they are receiving at the hands of their employer.

The Commission also suggest that women returning to work from maternity leave can expect to receive wages that are up to 14% lower than they should be, and finally, it suggests that a staggering 45% of women feel they have received less favourable treatment solely as a result of being pregnant. Now, we all know that statistics can be abused, but if the Commission’s figures are anywhere near right, it looks as though pregnant women are really being let down in the workplace.

I have looked at this in the past from the point of view of an employer, and how best to avoid a claim from a tribunal. This is the “bomb proof” advice and is pragmatic; at the end of the day, a pregnant woman sitting in front of a tribunal is far more likely to have the sympathy of the panel.

However, I’m sure that everyone would agree that it cannot be fair for 30,000 women to lose their jobs each year just by virtue of the fact that they are pregnant and most women preparing for a new baby really do not want to be facing legal proceedings as the only means of redress. So, let’s look at it from the woman’s point of view; what should she do?

Firstly, let’s briefly remind ourselves of the legal position, which is actually very simple. Only women can get pregnant. It is unlawful to treat a woman differently than a man in the workplace. So, treating a woman any differently, simply because she is pregnant, is almost certainly sex discrimination. Importantly, it is actually for the employer to show that it has not discriminated against the pregnant employee.

I know I say this almost every week, but the key to this is communication. Employers should make sure that all female employees know what the company’s maternity policy is. Make it absolutely clear that you will not treat a woman less favourably because she is pregnant. As well as obvious things such as failing to promote a pregnant woman who is more qualified than a male colleague, employers should think about other ways pregnant women may be treated differently: do you advertise internal vacancies on your intranet? Then how would an employee on maternity leave know about them? Do you include attendance in bonus calculations? What if a woman is on maternity leave?

Arguably the most important thing for employers to bear in mind is never assume that simply because a woman has had a baby, her career priorities have shifted. It may be that she doesn’t want to come back to work part time and wants to continue on a high-paced fast track. Don’t assume otherwise unless she tells you, but for those women who do want to return to work part time, consider the options. If an arrangement cannot be accommodated for genuine business reasons, think about alternatives.

Always talk to the woman in question. Make it a two way process. Bear in mind that for a lot of women, coming back after 12 months out of the office is a nerve-wracking experience. Thinking that they’re not wanted will only make matters worse.