Mind the Bump for Employers
Throughout March we have been running our 21st annual ‘Mind The Bump’ campaign to stamp out pregnancy and maternity discrimination at work. Our campaign included a free online seminar for employers covering best practice around pregnancy and maternity leave in the workplace, and a free advice line for employers and employees on pregnancy and maternity rights at work.
Our Employment team have spoken to many women who are experiencing issues regarding pregnancy and maternity discrimination in the workplace. One situation that frequently arises concerns redundancy. Since April 2024, the redundancy protected period for employees returning from maternity leave has been extended to up to eighteen months after their baby is born.
During this redundancy protected period, pregnant employees or employees on or returning from maternity leave must be prioritised for any suitable alternative vacancies.
Despite this greater protection, many employers still fail to identify that their employees on maternity leave should be given first refusal on any suitable vacancies. This may be due to employers being unaware of the new protections, or the act of an unscrupulous employer who is counting on their employee not knowing their rights.
Frequently, an employee will contact us when they have been offered a Settlement Agreement by their employer as part of a redundancy process. This requires them to waive their right to bring any claims of unfair dismissal and pregnancy and maternity discrimination for enhanced redundancy pay. Usually this is for a small amount of money when in fact they have a strong case which would yield much higher compensation in an Employment Tribunal. Our Employment law team will advise them of their rights at work, and if they have been unfairly selected because they are on maternity leave or have not been offered suitable alternative employment, we will negotiate more compensation or challenge their redundancy.
One situation that we dealt with concerned an employee that was still within her 18 month protected period and had been placed at risk of redundancy. However, before any consultation had commenced, a suitable alternative role had already been given to another colleague. We helped this person raise a formal grievance to assert their rights in order to try and rectify the situation by getting them to find another suitable role, or to seek fair compensation via an enhanced redundancy package.
We are proud that our annual ‘Mind the Bump’ campaign contributes to preventing discrimination in the workplace as well as promoting best practice.
Since we started Mind The Bump in 2004 we have provided best practice advice to employers as well as to women needing to know what their rights are.
Employers who support their pregnant staff and those on maternity leave and who are aware of their responsibilities at work avoid inadvertently discriminating against these women which is not only costly but also harmful to their company’s reputation. Workplaces where all staff are supported will also have better staff retention and morale.
For expert advice about preventing pregnancy and maternity discrimination in the workplace, contact our Employment Law team on 01273 609911, or email info@ms-solicitors.co.uk.
