The topic of maternity discrimination is not new. In the last few months, it has been a major topic.
Pregnant Then Screwed, a charity that campaigns for fair treatment at the workplace, has been one of many charities to make divisive remarks. Kemi Badenoch claimed that maternity pay was “going too far” but later clarified her statement. It has led to an increase in the number of employees who are aware of their rights. This is leading to more staff contacting tribunals and asking questions.
The recent award of PS350,000 in a maternity discrimination case has shown how important it is that businesses get the right things done.
It’s crucial to determine if a particular risk can be controlled.
Maternity policies front and center
Employers are required to do more than simply have a maternity plan hidden at the back of their filing cabinet. Businesses need to be aware of their obligations, and have a maternity plan in place.
Regular training for managers will ensure that they are prepared when the need arises. Employees should also be aware of the fact that their emails or instant messages may be viewed by a future tribunal. Therefore, they must be professional and sensitive when discussing pregnancy or maternity leaves.
All maternity policies must be easily accessible, current and adhered to by the entire organisation. Compliance is also a function of a proactive and prompt procedure that begins the moment an employee announces her pregnancy and continues until she returns from maternity leave.
Follow the detailed procedure
The procedures to be followed during pregnancy, maternity leaves and after an employee’s return are detailed and continuous.
It’s understandable that most HR and management staff will not be able remember everything. Making information clearly and easily accessible is the key to making sure the correct procedures are implemented at the right time. This means that policies should be up-to date and easily accessible to both managers and staff via an intranet or internal network.
As part of the general workplace risk assessment, employers must assess the risks posed to employees who are of childbearing or reproductive age.
A risk assessment for each employee must be conducted once the employer has been informed about a pregnancy. It will include reviewing existing risk management and control measures and discussing them with the employee in order to determine if any circumstances or conditions of the pregnancy could impact their work.
Risk assessment
Be sure to have an open conversation and address any concerns that they may have regarding how their job could impact their pregnancy. Also, take into consideration any medical advice. After the risk assessment has been completed, document the results and communicate them verbally and in written form to the staff member.
It’s crucial to determine if a particular risk can be managed. Some common adjustments are to avoid standing or sitting for long periods of time, or carrying or lifting heavy objects.
It’s important to give managers the tools they need to have these conversations.
To avoid risk, if it can’t be controlled or eliminated then the working hours or conditions should be changed. If this is not possible, then the employer must provide an alternative job with the same conditions and pay.
If their job poses too many dangers for them to perform it safely, they can be suspended on full pay as long as necessary to protect their safety and health.
Good Practice
Employers are not only responsible for the risk assessment. It is important to have regular, two-way communications with pregnant employees in order to provide them with the support they need. This can be done by incorporating it into regular catch-ups, such as weekly progress meetings or one-to-ones.
It’s crucial to identify these touchpoints early in the process, if they haven’t been done already.
After a woman informs her employer of the date she wishes to begin her maternity leave, it takes the company 28 days to let them know when the leave will end.
Once the employee has disclosed their pregnancy, it is a good idea to write them and discuss the issues to be addressed – the risk assessment, the maternity leave dates and the holiday entitlements and accruals, as well as antenatal appointments.
Communication is the key
Employees should be kept in touch during their maternity leave. The employee and the business should agree in advance on how often and in what way they will communicate. Keeping In Touch days (KIT) can be useful as they allow the employee to continue working and receiving pay while on maternity leave.
Training in professional communication should be provided to managers and HR staff. In the recent case of Hinds v Mitie Limited, where Nicola Hinds received a total of PS350,00 in compensation, PS20,000 was for emotional injury, or compensation for discrimination.
The tribunal found that one of her managers had sent an email which was “stereotyping”, “dismissive” and “belittling” in its description of her as being “very emotional and tears”.
Real tribunal cases can be used to demonstrate how dismissive and unsupportive language affects the compensation level. It’s important to give managers the tools they need to have these discussions.
Support your employees
Businesses benefit greatly from ensuring that employees are supported during their pregnancy and maternity leaves.
It not only fulfils their obligations and duty to care, but also maintains a good relationship with employees. This is important for retaining talent as well as boosting employee relationships at a company.
Businesses that don’t have the right systems and are not prepared to deal with maternity discrimination may be in the spotlight and face substantial compensation.
