“The disproportionate impact of the pandemic on working mothers”

[JuliaMumsnet]

As a mother and employment lawyer Caroline Oliver, Senior Solicitor at Didlaw, explains how the challenges of working mothers have increased in the last year and some possible courses of action.

"When the Prime Minister announced school closures once again last month, many working parents let out a collective groan of despair. Like others, I had just returned to work after the Christmas break and assumed my three children would return to school to give me time to balance my responsibilities as a mother and employee.

Working mothers like me find the career versus carer juggle a challenge at the best of times. In the early days of motherhood, our careers take a back seat during pregnancy and maternity leave. Many of us return part-time and we witness colleagues leaping ahead of us on the career ladder. Due to the tightrope of balancing motherhood with a career, it's no wonder that the gender pay gap increases to 25% when we reach our 40s.

The pandemic has led to a disproportionate adverse impact on women like me. We're more likely to be employed in the caring, nursing or hospitality sectors which have been in the front line both in terms of health risk and job insecurity. Women have also assumed the major role of substitute teacher at home. It's no wonder the spinning plates have shattered into tiny pieces, along with the emotions and wellbeing of many women.

Maria Miller MP, whose parliamentary bill is seeking to enhance the rights of women on maternity leave, recently reported that women seeking employment law advice with concerns regarding discrimination has increased fivefold since the lockdown a year ago. A study by PwC in May 2020 found that 78% of those who lost their jobs as a result of Covid-19 are women.

So what employment rights protect working mums who have experienced these Covid-19 related challenges firsthand?

The first key point is that women are protected from suffering unlawful discrimination throughout the course of the employment relationship. This starts at the recruitment stage and so any unfavourable treatment during the application process would give rise to a claim against a prospective employer. This continues through to the point of dismissal or resignation. Any negative treatment relating to terms and conditions, training, promotion, pay or selection for redundancy relating to the status of being a woman, pregnancy, maternity or childcare responsibilities is unlawful under the Equality Act. Unfair treatment relating to part-time status is also unlawful.

My aim here is to make suggestions to help women ride the pandemic storm in the months ahead. Some of the following options might be available:

Furlough – this option is available, in theory, to anyone who is ‘adversely affected by coronavirus’. So women who need time away from work due to childcare responsibilities can request this. Flexible furlough is also an option as this enables you to work some of your contractual hours and receive furlough pay for the remainder. The only drawback however is that there is no right to be furloughed – you can request this but your employer may not agree. A reasonable employer who wants to keep you will.

Flexible working – you have the right to make an application to your employer to work flexibly in terms of hours, days or other arrangements. Employers must consider and respond to each request and either grant it or refuse it based on certain prescribed justifications. Again, you will find out pretty quickly how reasonable your employer is and how valued you are.

Taking leave – In addition to taking annual leave, parents have a statutory right to request parental leave or to take emergency leave. The former is an option to take blocks of one week at a time up to 18 weeks per child until their 18th birthday. The latter can be taken to assist with a short-term emergency related to a dependent. However, with the exception of annual leave which must be paid in full, parental and emergency leave are unpaid.

These are unprecedented times that call for unprecedented measures and understanding between employers and employees. For further information and commentary on options available for working parents whilst homeschooling take a look at my homeschooling blog.

If you’re concerned about how some of the issues raised in this post affect you, discuss your options with your employer informally. You also have the option to raise a formal grievance but don’t do that without thinking of the possible fallout and take advice first. Otherwise, the best advice is to seek early advice and you may wish to consult ACAS, your trade union, a maternity charity or solicitor."

By Caroline Oliver
Twitter: @Caroline2Oliver

Caroline Oliver will be returning to this thread to answer your questions for one hour on the 24th February at 1:30pm, so if you have questions for her, leave them below.

[marieantoinehairnet]

Oh and I earn more as well, as keyworker roles aren't renowned for their outstanding pay!

[ModernGamingSofa]

Same here, my dh works outside of the home in a typical manly male role on a manly building site. I have been able to keep my job and work from home and his work has also not stalled for which I really am very grateful as I know there are others in dire positions financially.

Our school has been of the “post a few worksheets on an app and let them get on with it” and “take every Thursday off to go on a nature walk and do outdoor well-being activities” type. I’m working from home in quite a demanding role supporting vulnerable people which has been stressful in itself during CV19 on top of trying to homeschool two dc of different ages, complete my masters (which is suffering), do all the general mealtime, cleaning prep, kids’ Zoom activities for Beavers, virtual football catch ups, math tutors. I was on my knees with stress and tiredness before half term. I know I’m far from alone in this but DH’s life has hardly changed. He is always sympathetic and supportive, will come home and do bath / bedtime etc and listen to me moan but he walks out of the house every morning at 7am and has no idea what it takes just to get the rest of us through the day at the moment.

If he were in my position, I’m certain he would concentrate on his work to the detriment of the dc, their schooling would suffer, they wouldn’t attend the extras and would spend most days stuck to screens eating McDonalds for tea. They’d live of course but not to the standard I provide for them. Mums seem to be the default, hold it all together parent. Because we just do.

[Tobebythesea]

@TaraRhu

Exactly the same in my household, even with the golf (it takes all bloody day). I’ve been on survival mode for a year with childcare, housework, life admin, work and study - totally exhausted. His pay pays the mortgage though so I lose the argument -always.

He gets 6 months full paternity pay. Did he take it? Absolutely not, stating it’s just not the done thing. Only 2% of men at his finance company in the whole of Europe have actually taken up the offer. 6 months full pay! It’s handed to them on a plate (I didn’t get that kind of Mat pay) and they still don’t want to do it.

[RoyalMush]

Does the protected characteristic of ‘maternity’ extend into child caring years or is it really about the post partum period?
Also, furlough is not available to a lot of public sector workers because we are already taxpayer funded. Some public sector employers expect annual leave or unpaid leave to be used, after offering a few limited days of capped ‘special leave’.

[OhamIreally]

If he were in my position, I’m certain he would concentrate on his work to the detriment of the dc, their schooling would suffer, they wouldn’t attend the extras and would spend most days stuck to screens eating McDonalds for tea.

That's exactly what I've done today even up to the McDonalds - Lone parent- I prioritise the roof over our heads.

[PolkadotZebras]

Furlough has a very low maximum cap in terms of absolute value in this country compared to similar countries like France, Germany etc. As a single mother, being furloughed would have left me able to pay my mortgage and pretty much nothing else.

Single mothers were discriminated against massively already (e.g. the tax free allowance, tax rates, cap on child benefit, cap on income for 30hrs free childcare and so-called "tax free childcare" all being set on an individual not household income level). The inequality and disadvantage this causes to the children of single parents is unjustifiable and unacceptable.

My one hope it that the additional inequality resulting from how the handling of Covid in the UK has impacted women disproportionately will make women stand together and say that all of those things must be changed, along with the many others which have been highlighted.

[PolkadotZebras]

@nevernotstruggling

If men wanted longer paternity leave they would campaign for it and they would have it. The idea we need the state to tell men to share the load is the problem.

Agreed. It should be obvious to anyone with a fair mind that women and men should be equal in terms of status, careers, responsibilities etc. A lot of this is rooted in how children are raised and indoctrinated into stereotypes.

The Government can change the discriminatory laws such as those I mentioned in my previous post, and have some impact from a policy perspective. But ultimately much of this requires a huge cultural shift and unfortunately it feels like things are going backwards.

[monkeysox]

@Gerberageri absolutely this
Schools closing to wfh keyworkers has been appalling.

Try teaching from home with two primary school kids of your own .
They cannot go to school if someone is at home

I'm lucky that not all lessons need to be live I can pre record but this has definitely been a challenge

[WhateverHappenedToMe]

I am a key worker, but have been working from home throughout, and have brief daily catch ups via Zoom with my team. I've noticed that, even when one of my colleague is working in the same room as her OH (who is not a keyworker), she is the one who has to break off from her meeting to deal with their child, and she is the one who has had to take time off every time the child has to isolate (and there have been a few). I'm wondering why our employer hasn't challenged this!

[OwletteGecko]

I agree working from home while homeschool has been impossible and some days all of us have been in tears. But my employer always said my job had to be done in the office but now I've got proof that it doesn't. If anything productivity has improved.

Can I challenge HR and ask for at least some days working from home after DC are back in school and things are back to normality?

I'd still use after school clubs but it would mean I could pick them up so much earlier because my commute is epic and if anything work would get more hours out of me, not less.

[JustHereWithMyPopcorn]

@Fridainexile

Self employed mother. It’s EVEN MORE OF a fucking nightmare.

Yep!

[CarolineOliver]

Good afternoon everyone

Thank you for your comments and questions so far. I am looking forward to answering some of them today.

Since this post went live on Monday the government has announced that schools will re-open from 8 March. This will come as a welcome relief to many parents, including myself! I appreciate that children returning to school doesn’t solve the work-life balance issue entirely for many working Mums or Dads. Some pandemic related issues may continue, for example if there are positive Covid cases at school and your child’s bubble is sent him to self-isolate. But hopefully we have some light at the end of the tunnel now and the work-family life will become more manageable again.

[CarolineOliver]

@TheHoneyBadger

You didn't include get your partner to do his share. I personally am a lone parent but not everyone is.

Hi @TheHoneyBadger

Absolutely. Ideally parents will be in a position to split the load between them reasonably. A further option for working parents struggling to keep all of their plates spinning is to consider forming a support bubble with another person or family to provide childcare. This is allowed under the current guidelines.

[CarolineOliver]

@nevernotstruggling

If men wanted longer paternity leave they would campaign for it and they would have it. The idea we need the state to tell men to share the load is the problem.

Hi @nevernotstruggling

You are not alone in making this comment.

A new statutory system of Shared Parental Pay (ShPP) was introduced in 2015. The idea was to allow working parents to take paid leave more flexibility following the birth or adoption of a child, and to share the leave and pay with an employed partner. So the Mother could end maternity leave early so that the other parent could take paid leave or both could take leave together. Unfortunately take-up of this scheme has been extremely low and currently policy makers are looking at introducing other schemes which may be more effective. However, I also recognise that a cultural shift and mindset change among employers, men and women is required. Fingers crossed.

[Devlesko]

Women are only affected if their dh/ partner doesn't do 50%.
It's obvious if you want a career find a man who supports this, the same as men do.
We are supposed to be equal, so find a man who agrees with this, it's hardly rocket science.
Men get ahead because they don't take time off with a new baby.
Many women want the full maternity and wonder why others pass them at work.

[CarolineOliver]

@FreiasBathtub

Are people really protected because of childcare responsibilities under the Equality Act? I was not under the impression it was a protected characteristic. I would strongly support making it one in its own right. I think it's really important to recognise this as a problem in its own right, not just a subset of problems for women. Of course at the moment it mostly is, but if we want this to change we need to separate out the bits that should affect both women and men in a fairer world. Once you get part the physicality of pregnancy, giving birth and breastfeeding, there's no reason why women should be the primary care givers. The law should recognise that some aspects of parenting can only affect women (through existing pregnancy/maternity protections) while others should, in a more equal society, affect both.

Hi @FreiasBathtub

Those with childcare responsibilities are not explicitly protected under the Equality Act 2010. The current list of protected characteristics are sex, race, disability, age, gender reassignment, marriage and civil partnership, pregnancy and maternity, religion or belief and sexual orientation.

However, if an employer discriminates against a woman due to actual or perceived childcare responsibilities, this may be indirect discrimination which is recognised under the Equality Act. Essentially this may occur when acts, decision or policies are not directly intended to treat anyone less favourably, but in effect they disadvantage a group of people with a certain protected characteristic (sex, race, disability , etc). One of the clearest examples of this is when part-time workers are treated less favourably than full time workers. Because women make up a large proportion of part-time workers (often due to childcare responsibilities), the treatment may be seen as indirectly discriminatory based on sex. So if currently women are struggling to work or comply with a work system relating due to childcare responsibilities, this may be indirectly (or directly) discriminatory.

[CarolineOliver]

@TaraRhu

Aren't all of these options open to men too?

This article perpetuates the idea that women should take leave/ furlough/ work flexibly. Clearly, there are situations where there is no choice for a mother to step back. However, if a male/female partnership are both at home working then both should take equal responsibility for household and childcare duties. Covid is a great opportunity for workplaces (and some men) to realise that they too have to balance home and work life.

It genuinely saddens me how many women on this site post about fathers who don't pull their weight. There is no excuse for it,

Hi @TaraRhu

You are absolutely right, all of these options (furlough, flexible working, parental leave, etc) are equally open to men. In reality statistics show that women are more likely to request them.

[CarolineOliver]

@RomeoLikedCapuletGirls

One of the issues is that men generally earn more so when two parents WFH the priority will be given to the higher earner’s work so the lower earner will be the teacher/childcarer whilst also trying to WFH.

If the lower earner is a man it will probably be more evenly split.

Just in the experience of people I know.

Hi @RomeoLikedCapuletGirls

Men’s average earnings are still higher than women’s despite equal pay and sex discrimination legislation being in place for over 40 years in the UK. Mandatory gender pay gap reporting was introduced for larger organisations four years ago. The gap remained at over 18% in 2016 and this increases to 25% in the years after many women have had their children.

When a couple discuss who should be taking time off work for childcare reasons, it is not surprising that the person with the lowest income often steps forward (willingly or reluctantly). Based on these statistics it is therefore perhaps unsurprising that women often take this role.

[CarolineOliver]

@Fridainexile

Self employed mother. It’s EVEN MORE OF a fucking nightmare.

Hi @Fridainexile and @Bicnod

Some pandemic financial support schemes were introduced last year aimed at business, employees and some self employed workers. However, many people slipped through the net and were not eligible to apply for grants under these schemes. There is less protection for the self-employed and many slipped through the net completely in terms of obtaining any support, leaving state benefits as the only option available.

The Self-Employed Income Support Scheme was introduced in April last year to protect the earnings of the self-employed during the pandemic, in a similar way that furlough has supported employees. However, to be eligible the self-employed worker must have be trading and submitting tax returns since for 2018/19. So this did not help those who had recently become self-employed.

You may have seen that the charity ‘Pregnant Then Screwed’ recently took proceedings against the government relating to alleged gender discrimination with the way the earnings of women were calculated. This is because entitlement to pay within the scheme looks at an average of their self-employed earnings over a 3-year period. No allowance is made for non-working periods due to maternity. Unfortunately Pregnant Then Screwed lost their cases in the High Court last week. An appeal is being considered. Watch this space.

[CarolineOliver]

[quote TaraRhu]@RomeoLikedCapuletGirls

I agree with you about this. There is definitely more inequality when there is a significant difference between incomes.

However, playing devils advocate:

Are men earning more because it isn't culturally acceptable for them to reduce their hours so this almost always fall on the mother. If so shouldn't we be challenging this? Unless you are totally dependent on your partners income or want to stay at home why should having more of an income protect you from helping at home. Careers are about more than money.

I live in a very affluent area but I'm not particularly affluent myself. A lot of my friend have husbands who work in finance. They work crazy hours and bring home mega incomes. However their lives have not changed since having kids. They continue to work 24/7 and play golf at the weekend. All the domestic stuff falls on the mother. Some have nannies etc but many don't. They are frazzled. Many have stepped back from their own careers.

Many of them say they could easily survive on less money but their husbands won't even consider any change to their career. This has to end. [/quote]
Many of you have highlighted that childcare responsibilities often disproportionately fall on the mother. Some reasons for this may include the Father’s employer being less flexible, the Father’s reluctance to ask their employer for time off for childcare reasons or the fact that the Father often earns more than the Mother. Many recognise that there needs to be a cultural shift here.

Since 2014 all employees with at least 26 weeks service (not just women or parents) have the right to request to work flexibly. An employer is obliged to respond to a flexible working request within a three- month period. They must either agree the request or they have eight reasons for refusing this. An employee should ask their employer about their flexible leave policy. If this is turned down at first you will have the right to appeal the decision.

[CarolineOliver]

@RoyalMush

Does the protected characteristic of ‘maternity’ extend into child caring years or is it really about the post partum period?
Also, furlough is not available to a lot of public sector workers because we are already taxpayer funded. Some public sector employers expect annual leave or unpaid leave to be used, after offering a few limited days of capped ‘special leave’.

Hi @RoyalMush

As mentioned below in response to @FreiasBathtub , the protected characteristic of pregnancy and maternity does not extend much passed the early days of returning to work after maternity leave ends. However, women continue to have the right not to suffer unlawful discrimination in relation to their sex. So if an employee considers they are suffering from unfavourable treatment due to their childcaring responsiblities, this may still be discriminatory, even if (strictly speaking) a Father could be taking on these responsibilities.

In relation to your point about furlough and public sector workers, you are right. Many found that furlough was not an option that the employer offered. Some public sector workers are 'key workers' and so they may have had the oppotunity to continue to send their children to school, but others missed out on furlough and had childcare and homeschooling responisiblities thrown on top.

An employee would be advised to raise their concerns and challenges with their employer, in the hope that some support can be offered. This can be raised informally at first. If problems persist, all employees have the right to raise a formal grievance as a next step, although it may be advisable to take legal advice before doing this. Trade Union reps can also be helpful.

[CarolineOliver]

@OwletteGecko

I agree working from home while homeschool has been impossible and some days all of us have been in tears. But my employer always said my job had to be done in the office but now I've got proof that it doesn't. If anything productivity has improved.

Can I challenge HR and ask for at least some days working from home after DC are back in school and things are back to normality?

I'd still use after school clubs but it would mean I could pick them up so much earlier because my commute is epic and if anything work would get more hours out of me, not less.

Hi @OwletteGecko

Whilst working at home is nothing new for some, the pandemic has meant that tens of thousands more of us have worked at home in the last year. This has been hugely welcome for some, and a nightmare for others. It really depends on a huge range of factors. However, for parents trying to balance work with childcare needs and the school run, this has enabled a greater degree of flexibility.

I have hard many commentators say that some employers may no longer have the 'excuse' to refuse home working if an employee has proved in the last year that they can continue to be productive from home. So this may help employees achieve greater flexibility going forward.

You may wish to make a flexible working application to your employer (Flexible Working Regs). Perhaps ask for a copy of the policy in the first instance. Unless your employer can objectively justify why this can't be done, they may have to agree it. Good luck!

[CarolineOliver]

@KeflavikAirport

I am an academic. There was a thing in the Washington post the other day about how women with children have lost 500 hours of research time compared to childless men. Is there a way of making sure this is not impinge on future career development in results driven fields like mine?

Hi @KeflavikAirport

In an ideal world the educational institution or employer will have an Equality and Diversity Policy in place. Policies should be put in place to ensure against discrimination, whether directly or indirectly. If you miss out on progressing your research or other career development opportunities due to challenges relating to childcare during the pandemic, this may be discriminatory. It will depend on many factors.

[AssassinatedBeauty]

I would like to respond to the comments about increasing paternity leave not being something that men want or that the state should be responsible for.

If the state doesn't facilitate longer paternity leave then it isn't ever going to happen. Shared parental leave is fatally flawed because it requires mothers to give up their leave to facilitate men taking leave, amongst other issues with it.

You are not going to get a paradigm shift unless you make large scale changes. So the state gives men much longer paternity leave that is independent of maternity leave. Some men will take it up, and employers will see more impact than they have with SPL. As more men use it, it becomes more normal for men to be involved with childcare, and so hopefully a virtuous circle results.

If nothing about paternity leave changes, then men can't and won't take time off to be with children. Expecting women to perhaps unwillingly return to work earlier than they want in order to persuade their perhaps unwilling male partners to do childcare they'd rather not doesn't seem to me to be a great strategy. Certainly it hasn't worked to date.

[CarolineOliver]

[quote monkeysox]@Gerberageri absolutely this
Schools closing to wfh keyworkers has been appalling.

Try teaching from home with two primary school kids of your own .
They cannot go to school if someone is at home

I'm lucky that not all lessons need to be live I can pre record but this has definitely been a challenge[/quote]
Hi @monkeysox and @Gerberageri

Please see my response to @RoyalMush about some other options for public sector workers when furlough may not be an option and/or schools are unable to provide a place for your children. You can still raise your concerns informally or formally with your employer in the hope that an arrangement can be put in place. A Trade Union rep or ACAS may be able to help or you may wish to consider legal advice if your concerns continue.

All the best to you.