International Women’s Day and the Fight for Equality in the Workplace
This March we are running our 20th annual Mind The Bump campaign to stamp out pregnancy and maternity discrimination in the workplace. This coincides with International Women’s Day on 8th of March 2025 whose theme this year is #AccelerateAction.
After 20 years of campaigning to stamp out pregnancy and maternity discrimination in the workplace we are disappointed that this is still rife. Concerted action is required to result in real change.
Research from the campaign group Pregnant Then Screwed in February 2024 estimated that 74,000 women a year are potentially fired or made redundant while pregnant or on maternity leave, up 37% from the equivalent figure in 2016. Their study also found that almost half of women had a negative experience at work over the course of their pregnancy, maternity leave, and return to work.
It is therefore not surprising that new legislation was introduced in April 2024 which provides increased protection from redundancy to pregnant employees and those returning from maternity leave. This protection now applies from the moment an employer is notified of pregnancy, and ends 18 months after childbirth. Although it does not prevent selection for redundancy where there is suitable alternative employment, women who are in these protected periods have priority over others for these jobs. This has bought legislation line in line with previous case law to emphasise this principle tor employers.
However, it may be necessary to campaign for further legislation to prevent pregnancy and maternity discrimination in the workplace.
As a result of powerful equality campaigns such as #MeToo, and the Equality and Human Rights Commission (EHRC)’s recommendations for positive legislation, new legislation in the form of the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in October last year.
All employers now have to take reasonable steps to prevent sexual harassment of their staff which includes training all employees. This has introduced a new penalty of up to a 25% uplift on any successful sexual harassment compensation award in the Employment Tribunal, and is based on how far the employer has complied with these new preventative steps.
The Worker Protection Bill is an example of the law reacting to the recommendations made by organisations such as the EHRC who have listened to campaigners in order to lead the way to ensure a positive equality outcome.
#AccelerateAction is very much in our minds as we launch our 20th Mind the Bump campaign.
We want to see these preventative duties applied to all areas of inequality, and focussing on Pregnancy and Maternity discrimination would be a good start.
For expert advice about preventing pregnancy and maternity discrimination in the workplace, contact our Employment Law team on 01273 609911, or email laura@ms-solicitors.co.uk.
