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26th February 2004

Pregnancy still seen as a problem by employers

More than 1,000 women a year take legal action claiming they were sacked for being pregnant, the Equal Opportunities Commission (EOC) has said, and this number is just 'the tip of the iceberg'.

Many employers still see pregnancy as a 'problem' and discrimination claims from mothers-to-be have risen from 778 in 1996 to 957 in 2002.

The EOC launched its first investigation into problems for new and expectant mothers and their employers in September 2003 and the report, Pregnant and Productive, is published today. It says that many employers have become smarter at "dressing up" their reasons for sacking such women, knowing that to dismiss a woman simply for being pregnant is illegal under the Sex Discrimination Act.

Small studies of tribunals showed that many women were dismissed before starting maternity leave and some lost their jobs within days of informing their employer of their pregnancy. The average compensation awarded to successful claims was £2000 less than a non-pregnancy related claim.

However, according to the EOC, small firms who discriminate lose out far more. Julie Mellor, chairman of the EOC, said "Pregnant women who are treated fairly by their employers are more likely to go back to work after having children.

"With the average cost of replacing one member of staff amounting to £4,000, the economy and individual employers simply cannot afford to lose valuable, skilled staff just because they are pregnant."

Under current law, a woman is entitled to take up to 52 weeks' maternity leave and still return to the same job, unless redundancies have been made or there is some reason why it is not reasonably practicable for her employer to take her back, in which case she is entitled to be offered suitable alternative work.

What to do if you think you have been unfairly dismissed

The Equal Opportunities Commission advises the following if you feel you have been treated unfairly because of your pregnancy.

  • Approach your employer to explain how you think you have been discriminated against
  • Take your claim to an Employment Tribunal
  • Go to your trade union to ask for support either with your employer and/or at the tribunal
  • Go to your local Citizens Advice Bureau. See the National Association of Citizens Advice Bureaux
  • Contact the EOC helpline on 0845 601 5901 for further information and advice.
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