The Pregnancy and Maternity (Redundancy Protection) Bill 2019-2021

Have you heard of the Pregnancy and Maternity (Redundancy Protection) Bill currently making its way through parliament?

The bill seeks to provide important employment protections for pregnant women and new mothers. The Bill aims to provide these groups with further legal protections against discrimination in the workplace in relation to redundancy.

What are my current protections?

Currently, pregnancy and maternity are protected characteristics under the Equality Act 2010. This means that a pregnant woman, or a woman on maternity leave should not be treated unfavourably or victimised due to her pregnancy or maternity leave from the beginning of pregnancy to returning to work. Pregnant women or women on maternity leave are also protected from unfair dismissal on this basis under the Employment Rights Act 1996 which deems dismissal for pregnancy or maternity automatically unfair.

What is proposed under the Bill?

The bill proposes that legally, a woman could not be made redundant from the start of pregnancy until 6 months after returning to work (unless the employer is closing the business or ceasing to work in that area). Women who experience a miscarriage would also be protected for 6 months after their pregnancy ends, or after the end of any entitled leave.

Why is there a need for change?

Currently, if a pregnant woman’s job is at risk of redundancy then any suitable available vacancy should be offered to them without a need to conduct the usual selection process or compete with other candidates for the role. However, employers do not always adhere to their legal obligations here and may not understand what rights pregnant women and those on maternity leave have.

There is no doubt that employers sometimes handle pregnancy and maternity poorly. The Equality and Human Rights Commission has evidenced that unfortunately 1 in 5 pregnant women experience harassment at work due to their pregnancy or flexible working requests. Additionally, they found that more than 50,000 women a year feel forced out of their jobs due to poor treatment. These fears are exacerbated due to covid-19. Groups such as Maternity Action express concern that pregnant women and new mothers will be the first to be made redundant as the Coronavirus Job Retention Scheme inevitably ends and employers are forced to make cuts.

If you require any legal advice in this area please contact us at Ergo law on 0131 618 7007 or e-mail us at info@ergolaw.co.uk.

What stage is the Bill at now?

The bill had its first reading in the House of Commons in July 2020. Currently, a second reading is yet to be confirmed in the House of Commons. As such, the bill is still at an early stage. However, it is still important to be aware of this development as it highlights the possibility of further protections for pregnant women and those on maternity leave.

Author: Maili Raven-Adams