Pregnant Women’s ‘Bill Of Rights’

Every pregnant woman in Scotland will receive an employment “bill of rights” at her 12-week scan as part of a campaign to stamp out sex discrimination at work, The Scotsman has learned.

The scheme, to be introduced by the Equal Opportunities Commission Scotland early this year, is designed to bolster the rights of pregnant women across the country.

The document will provide a comprehensive guide to an employer’s responsibilities, and includes a tear-off section for women to give to their bosses.

It explains how employers must conduct a risk assessment to protect the woman and her unborn baby while at work. She is also guarded against unfair treatment, including dismissal, connected with the pregnancy.

The EOC is working with the Royal College of Midwives to ensure the document will reach the mothers of the 54,000 babies born in Scotland each year.

The guidelines will be handed to mothers by hospital staff.

Figures obtained by The Scotsman show 1,504 women lodged cases at employment tribunals in Britain in 2005-6, claiming they were sacked for being pregnant or other maternity-related issues – an increase of 46 per cent over the past three years.

Alyson Thomson, an equality expert for the EOC, said the initiative would help explain women’s rights and force employers to act within the law.

“Every pregnant woman will be issued with this document on employment rights when they attend their 12-week scan,” she said. “Many women simply don’t know their rights and nor do their employers.

“We found that a lot of employers panicked and sacked women who became pregnant.”

The leaflet also sets out key benefits such as paid time-off for antenatal appointments, maternity leave and the right not to be treated unfairly while expecting. It will also protect employers, making sure they have time to plan for maternity cover.

The move follows a recent investigation and celebrity- endorsed campaign that outlined the scale of sex discrimination at work.

Denise Lewis, the Olympic gold medallist athlete, is one of the famous faces who claims to have suffered discrimination during pregnancy.

She explained how she was told she was being “bloody stupid” when she informed senior figures in the athletics world that she was expecting a baby. Ms Lewis, who now has a young daughter, was ridiculed and warned that her career would be damaged.

The EOC claims many bosses continue to break the law by demoting or sacking pregnant women. Others fail to allow time off for vital check-ups.

Gillian Bell, an employment lawyer in Edinburgh, said many women were reluctant to go to an employment tribunal.

“Women can suffer poor treatment on their return to work. It’s important that they know their rights. You get women who resign and walk away, so they’re not included in the statistics. These are the hidden cases of discrimination that you can’t trace.”

A survey in November 2005 found that three out of four British companies actively discriminated against women of child-bearing age who applied for jobs. The report found a growing trend of rejecting women applicants because they might leave to have babies. Recent research suggests that more than a third of employers believe pregnancy is “an undue cost burden” and many pregnant women face pay cuts or hostile treatment on their return to work.

Eileen Dinning, Scottish Equalities Officer for the trades union Unison, said pregnancy discrimination was a growing problem. “Employers can be cynical when they find out the woman is pregnant,” she said. “They see it as a massive inconvenience.”

Ministers have said they plan to extend maternity-pay entitlement from six to nine months from April 2007, and to a year by the end of this parliament.

‘THE BOSS SAID THERE WAS NO LONGER A JOB FOR ME’

WHEN Jane Atkinson told her boss she was pregnant he could not have been happier. As she was a valued member of staff with 11 years’ experience, he wished her well and eagerly awaited her return.

After nine months’ maternity leave, the secretarial team leader was desperate to get back to work and had no reason to think her job was on the line.

“I had 36 staff working for me when I fell pregnant, so it was quite an important role. Maybe I was being a bit naive, but I didn’t think there was going to be a problem on my return.

“While I was away there were rumours about changes but I never thought it would affect me.”

Ms Atkinson, who had worked for a consultant at Raigmore Hospital in Inverness, began to feel uncertain about her future. She was told to attend a meeting on “staff reorganisation” with her new boss, who informed her she was no longer needed.

“The boss just sat back and said things had changed while I was away. He said things had run very smoothly in my absence and there was no longer a job for me. I had been a valued member of staff, but as soon as I became pregnant everything changed.”

The mother of two was aware of her employment rights and knew her boss was obliged to find her an alternative post. Reluctantly, she took up a new job in the hospital’s information technology department, but after a year moved on.

“I felt like having a baby was an inconvenience to them,” she said. “After 11 years with an unblemished record, my job was taken away from me. Even when they gave me a different post, there was always a nagging doubt at the back of my mind and I never felt my job was secure.”

IN THE KNOW

• Pregnant women are entitled to paid time off for antenatal appointments and maternity leave.
• Fathers may be able to take up to two weeks’ paid paternity leave once the baby is born.
• Employers must conduct a risk assessment and make arrangements to protect the woman and her unborn child at work.
• Pregnant women are entitled to up to 52 weeks’ maternity leave.
• The woman has the right to request flexible working hours, parental leave and time off to deal with a family emergency.