Guest post: “Pregnant women and new mums are twice as likely to be made redundant”

[MumsnetGuestPosts]

Losing a job is one of the most stressful things that can happen. In fact, losing a job ranks as the fifth most stressful life event, compared to the arrival of a first baby which ranks eleventh. Combine those two major life events, losing a job while pregnant or on maternity leave, and any of us would expect our stress levels to be off the scale.

At Maternity Action we speak to hundreds of women in precisely this situation. We answer about 2000 calls per year and each month deal with about 20 calls from women who are being made redundant. At a time when they had hoped their team would be organising a good luck card and a bunch of flowers, instead they find their boss has been organising their P45.

According to the Equality and Human Rights Commission, around one in 20 mothers (6%) are made redundant at some point during their pregnancy, maternity leave, or when they return to work after maternity leave. We don’t know the circumstances of all of these redundancies. Maybe some of them were genuine redundancy situations. But when we look at overall redundancy figures for all women, it’s clear that there’s something else at play here. Pregnant women and new mums are twice as likely to be made redundant compared to all women in the labour market.

We were recently contacted by a woman who was booked to give birth by caesarean section the following week and had just been notified by her employer that her role had been identified as being at risk of redundancy and she was invited to apply for her new role with assessments and interviews over the course of the month following her caesarean.

For the individual women facing redundancy that we speak to on our advice line, this is a hugely stressful and often financially ruinous event. At a collective level, the fact that women are so frequently targeted for unfair dismissal in pregnancy is disastrous for gender equality, for women’s economic independence, for the gender pay gap, and for the wider economy.

So what can we do about it? We already have laws that should protect women from losing their jobs just because they’re having a baby. Pregnancy and maternity are protected characteristics under the Equality Act 2010. The regulations which set out maternity and paternity leave entitlements compel employers to offer any suitable alternative role to a woman on maternity leave if she is selected for redundancy. Yet we know from the EHRC research and from the many women who call our advice line that employers are simply ignoring the law. This leaves women who have been unfairly dismissed with the unenviable prospect of taking their employer to tribunal within three months of being made redundant, while on maternity leave, recovering from labour and in a postnatal haze of sleep deprivation.

One woman who called our advice line recently was told her role was being made redundant when she was due to return to work after ten months’ maternity leave. Rather than being offered suitable alternative work, as the regulations require employers to do, she was instead being invited to attend interviews for a post for which all candidates were asked to provide a project plan for the role for the next six months which, after nearly a year out of the workplace, clearly put her at a huge disadvantage.

At Maternity Action we’re campaigning for a tougher law which would simply prohibit employers from making a woman redundant throughout pregnancy and until six months after return from maternity leave, except in a few limited circumstances, such as the whole business going bust.

Forcing pregnant women and new mothers out of the workplace is bad for women, bad for family incomes, and bad for the economy.

It’s time we had laws that actually work for pregnant women and new mothers.

Find out more about our campaign here

Keep an eye out for our next Mumsnet clinic

If you’re pregnant, on maternity leave, or recently returned to work after maternity leave and you have a problem at work, you can contact our advice line from 10am-1pm on Monday-Friday or you can check our information sheets.

[maternityactionscarlet]

@Lexilooo

I think it would be preferable to address the tribunal system to make it easier for women to challenge discrimination and expose it when it happens. It is clear that the current legislation is not being followed so why would employers take notice of new legislation? Plus there is a risk that more protections lead to more resentment and more reluctance to employ women of child bearing age.

I don't think it's an either/or. The tribunal system definitely needs to be improved too. We need the time limit for bringing a claim to be extended (not just for pregnancy related cases, arguably for all discrimination cases), we need higher awards, and we need to restore the power of tribunals to make wider recommendations. That's just a starting point. There's lots of work to do. But it can't just be about tribunals as that puts all the onus on the individual woman. Tougher legislation would create a stronger disincentive for bad employers to discriminate.

[maternityactionscarlet]

@benderinabun

Have followed the link, emailed my MP and Facebook shared. I was made redundant 9 weeks after returning to work after maternity leave after 13 years with the company. I was scored (lowest) against a group of less experienced colleagues who had been in the workplace for the year I'd been of and therefore had received training I hadn't been invited to.
I had a case which I was arguing with my union rep but found a job very quickly so took the money and metaphorically ran. Still angry though. After all the stress of getting childcare into place, getting DC to take a bottle etc to be dropped when I was finally adjusting to it was horrific. Cunts.

Thanks for your support benderinabun and really sorry to hear about your experience. I hope the employer that you moved on to is treating you better.

[maternityactionscarlet]

@jent85

Thank god this is being looked into in detail and I hope an absolute song and dance is made about it.

I was "made redundant" at 20 weeks pregnant meaning I didn't qualify for mat pay.

My colleague was "made redundant" 1 month previously at 25 weeks pregnant.

We are both in the process of taking this employer to tribunal. I don't want their dirty money. I want them to learn they cannot ruin people lives like this. So many employers think they can use "redundancy" as a way of getting rid of pregnant staff. It is disgusting and the stress and upset put upon me and my colleague during this time was immense.

This needs to be a HUGE thing and it needs to STOP!

Good luck with your tribunal!

[maternityactionscarlet]

@Ticklemeelmo

I am pregnant and being made redundant currently and my only viable option to get any maternity pay as part of this is to sign a non disclosure agreement that prevents me from telling anyone about the agreement, or making any kind of court claim.

This legislation deserves to be more widely known, I sincerely hope it is passed into law.

I've tried contacting Maternity Action a few times and unfortunately never got through or a callback.

I'm really sorry you're going through this now Ticklemeelmo - I'm afraid our advice line is incredibly overstretched. The advisers are all fantastic - they're all lawyers with expertise in maternity rights - so it's worth persevering. If you're in London, we have a separate London advice line which you might find easier to get through to. You can find the numbers and the opening hours here. We also have lots of information sheets on our website where you can find useful advice on your rights in relation to redundancy.

[maternityactionscarlet]

@Pamplem00se

I was made redundant six months ago... a process the start of which can be traced precisely to me having a miscarriage and them realising my family wasn't complete. In fact my employer tried to harass me into not having the time off sick recorded as pregnancy related which would have made it even easier to make me redundant. I wish I had the strength to put a Freedom of Information request in for all of the communications relating to my redundancy and follow it up as I've probably lost 10k+ as a result and more from having to take alternative work part time. Sadly after my mother's suicide and being heavily pregnant I probably don't have the energy.

I'm so sorry Pamplem00se

We do also hear from women who have lost their jobs after a miscarriage or stillbirth. It seems incredible that any employer could be so heartless. We believe that changes to the law that we're calling for would also give greater protection to women in your situation. We also believe the law needs clarifying in relation to what constitutes pregnancy related sickness as we've heard from other women who have, like you, had to fight their employer over whether their miscarriage counted as pregnancy related sickness or not.

[maternityactionscarlet]

@louiseaaa

I'm so angry this is still happening - in 2002 I was made redundant at 20 weeks pg with my second. I was offered double statutory and expected to sign a NDA - I was in the middle of several heath problems with the pg so in no position to fight

As many do - I took the money and ran, but I'm still bitter 17 years later :/

I'm not surprised you're still bitter. It's not the kind of thing you forget in a hurry! The reality is that pregnancy discrimination has a long lasting impact on women's careers and earnings. It's a scandal that it's still happening. In fact, it's not just still happening, it's actually getting worse according to EHRC research.

[maternityactionscarlet]

@OopsUpsideYourBed

Made 'redundant' a week before I was due to return from maternity leave. My job was given to the man who replaced me.

I looked into taking them to tribunal and sought legal advice, but felt the tribunal system would have crushed me mentally so I walked away.

New clothes, mentally prepared to return, childcare sorted, all ready to return to work... then BOOM. Job gone and future uncertain.

Unfortunately it's a common story that employers decide they prefer the maternity cover and decide to keep them on. Fine if there's enough work to employ you and the cover. Not fine if it means the woman returning from maternity leave is made redundant .

It's really understandable to not feel up to taking your employer to tribunal. It's a big ask at the best of times, let alone when you've just given birth and you're at home with a newborn. That's why we want the system to change. The current system places all the onus on the individual woman to take her employer to tribunal at a time when she's probably least mentally, emotionally, and financially equipped to do so. We need to put the onus back on employers.

[maternityactionscarlet]

@Mintjulia

This happened to me in 2009. I was “made redundant” 10am on the day I returned to work. They had given my job to the new sales director’s wife

It was pure luck that I had family legal insurance with my house insurance. It cost about £15 and gave me access to an employment lawyer & a barrister.
The company paid out three days before the tribunal hearing so the insurance saved me a whole year’s salary.

My advice to any woman is to get insurance BEFORE you tell anyone about your pregnancy.

Laws are pointless if you can’t afford to enforce them.

Mintjulia that's awful to be made redundant on the day you return. Sadly it's not uncommon for employers to wait until the point they think they can get away with it before getting rid of new mothers. Good advice to check whether you have an insurance policy that covers legal costs. You should also speak to your union if you're a member. Even if you're not active in your union or you don't have a rep in your workplace, most unions have free legal helplines and will be able to give you good advice or even take your case to tribunal.

[maternityactionscarlet]

@ButtercupGirI

So I've got an interview on monday, I have been asked about my children's age EVERY SINGLE interview since my career break.
Do people lie about their children's age?

Employers really shouldn't be asking this. I know that's not much help in an interview situation - you don't want to ruin your chances of getting the job by refusing to answer questions - but it's illegal to ask discriminatory questions at interview.

[maternityactionscarlet]

Hello! Sorry for the delay in coming back to this post. School summer holidays got in the way. I'm going to try to reply to some of the comments.

[ButtercupGirI]

So I've got an interview on monday, I have been asked about my children's age EVERY SINGLE interview since my career break.
Do people lie about their children's age?

[stucknoue]

The flip side is that I asked to be made redundant, there was restructuring going on in my department and they needed to loose 2/6 pa's - they refused to let me take redundancy in case I later sued, I left a few weeks later and they then complained I should have told them back then (I did offer to take redundancy!). We need a balanced approach not all women want to return, especially full time and sometimes in a small business it's hard to manage maternity leave (big companies no excuses) so more government help is needed, my work could not afford to cover me though my child bearing days are over!

[ButtercupGirI]

Great advice Mintjulia!

[Mintjulia]

This happened to me in 2009. I was “made redundant” 10am on the day I returned to work. They had given my job to the new sales director’s wife

It was pure luck that I had family legal insurance with my house insurance. It cost about £15 and gave me access to an employment lawyer & a barrister.
The company paid out three days before the tribunal hearing so the insurance saved me a whole year’s salary.

My advice to any woman is to get insurance BEFORE you tell anyone about your pregnancy.

Laws are pointless if you can’t afford to enforce them.

[OopsUpsideYourBed]

Made 'redundant' a week before I was due to return from maternity leave. My job was given to the man who replaced me.

I looked into taking them to tribunal and sought legal advice, but felt the tribunal system would have crushed me mentally so I walked away.

New clothes, mentally prepared to return, childcare sorted, all ready to return to work... then BOOM. Job gone and future uncertain.

[BetterEatCheese]

I wasn't made redundant but might as well have been as they erased my job while I was gone

[louiseaaa]

I'm so angry this is still happening - in 2002 I was made redundant at 20 weeks pg with my second. I was offered double statutory and expected to sign a NDA - I was in the middle of several heath problems with the pg so in no position to fight

As many do - I took the money and ran, but I'm still bitter 17 years later :/

[MyReadingChallenge]

The Charity Pregnant then Screwed have a campaign to stop companies using non-disclosure agreements to silence staff, if anyone is interested in taking a look:

pregnantthenscrewed.com/campaign-and-sign-up/

[TheJellyBabyMadeMeDoIt]

I was made redundant after 9 months mat leave.

I was due to return 3rd Jan. Needed to sort my KIT days, plus there was a staff Xmas party and secret santa that I always participated in (was a smallish company, under 80 employees) Realised something was wrong when I couldn't get a call through to my boss (was supposedly my friend too!) for weeks.

Eventually got through to the FD who explained about tough times etc.

They waited til the last possible day to give me the letter inviting me to interview to discuss options.

At the interview (week before Xmas) they asked if I had any alternatives I could come up with. I was a Sales Administrator. I said I would work on the shop floor, retrain as a machinist, work in Goods In/Out, I would be the cleaner. No, no, no, no.

They then used the Scottish police helicopter crash as an excuse as to why they couldn't afford to keep me on (they supplied body armour to police) I worked a 20 hour week, £7.50 an hour. Hardly bank breaking.

When I looked back, they were actually winding me down whilst I was pregnant. Moving me from the sales office, making way for a more popular member of staff (just returning from mat leave) to take my role. I was put on reception, where I had very little to do.

I felt stupid and humiliated.

I'd also just been diagnosed with PND.

So many people advised me to fight it, but I just couldn't face it.

It's 5 years on and it still hurts. Not only were they my employer, but I considered my boss a close friend. I was very wrong.

[hopefulhalf]

It is terrible. That's why I told work as late as possible (25 weeks). But one shouldn't have to.

[Babbabump]

This is absolutely terrifying. Is there any kind of income protection insurance you can get which would cover you whilst on maternity leave ...to give some time once mat stopped to find something else that is suitable?

[Newbie21]

Reading this thread with interest. I am shocked at the treatment of many of you ladies. How terrible. I have not long informed my work I am pregnant - it is still early days but I was having increased scans and appointments due to having 3MCs par year (work knew about 2 of them). My employer has not long announced a major restructuring and has started redundancies and is only offering statutory which for me would be limited as I have only been there 1 year 9 months. No talk of me being effected yet but I feel like I'm just waiting for the gauntlet to drop. I told work in part hoping this will improve my employment rights position.

[Cornishmaid77]

This happened to me in 2010 when I was 30 weeks pregnant! They said my job role was no longer needed and offered me a position of a dumper driver 60 miles away! I had a 4 year old at the time and was the size of a house so they knew I would never take it! I'm cross that I didn't fight them really.