Pregnant women and new mothers face being made redundant during the coronavirus crisis due to being unfairly discriminated against, the Equality and Human Rights Commission has warned.
The equality body notes employers will be forced to make difficult choices about who is laid off during the Covid-19 emergency as it predicts this could have “serious implications” for women who are pregnant or have newborn babies.
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Its warning comes as campaigners report women are being put on sick pay, annual leave, or not receiving any money whatsoever during lockdown because they are pregnant.
The Equality and Human Rights Commission (EHRC) called for employment safeguards for expectant mothers and new mothers to be “urgently strengthened” more broadly but also specifically in the government’s return to work guidance which is being supplied to employers.
It demanded an increase of three months in the time limit for putting forward employment tribunal claims for discrimination and harassment – arguing it needs to be lengthened to half a year.
1/23
Nancy Pedroza, 27, who is pregnant, sits next to Ryan Morgan, 30, her partner and father to their unborn child, as they relax at Pedroza’s parent’s house, where they currently live, during the coronavirus disease (COVID-19) outbreak in Fort Worth, Texas
REUTERS
2/23
Nancy Pedroza attends an appointment with her licensed midwives Susan Taylor, 40, who checks her stomach, and Amanda Prouty, 39, in Taylor’s home office at her house
REUTERS
3/23
Nancy takes a brisk walk to try and speed up her contractions, with Ryan and her licensed midwives near Taylor’s home where Pedroza plans to give birth
REUTERS
4/23
Nancy receives support from Nichollette Jones, her doula
REUTERS
5/23
Nancy experiences contractions
REUTERS
6/23
Nancy is supported by Ryan and Nichollette as she experiences contractions while laboring at the home of Pedroza’s licensed midwife, Susan Taylor
REUTERS
7/23
Nancy lies on a bed in front of Ryan as he helps to pump her breastmilk to try and speed up her contractions
REUTERS
8/23
Nancy experiences contractions as Susan lies on a bed
REUTERS
9/23
Nancy holds hands with Nichollette and Ryan as she experiences contractions in a birthing tub
REUTERS
10/23
Nancy embraces Ryan
REUTERS
11/23
Nancy is supported by Ryan as she experiences contractions in a birthing tub
REUTERS
12/23
Nancy experiences contractions
REUTERS
13/23
Nancy in a birthing tub
REUTERS
14/23
Nancy is placed onto an ambulance stretcher to be taken to hospital by paramedics, after her unborn child’s heart beat dropped from 130 beats per minute to 30
REUTERS
15/23
Nancy is carried on an ambulance stretcher to be taken to hospital by paramedics
REUTERS
16/23
Nancy is carried into an ambulance on a stretcher
REUTERS
17/23
Nancy holds her one-day old newborn son, Kai Rohan Morgan
REUTERS
18/23
Nancy breastfeeds her newborn son at the house of her parents, where they are currently living
REUTERS
19/23
Susan Taylor positions Kai for a photograph at his newborn screening
REUTERS
20/23
Amanda Prouty and Susan Taylor conduct a newborn screening for Kai at Kai’s maternal grandparent’s house
REUTERS
21/23
Susan takes two-day old Kai’s temperature while checking if he has tongue tie, an oral condition that can potentially cause issues with feeding
REUTERS
22/23
Nancy and Ryan clip the fingernails of their two-day old son
REUTERS
23/23
Kai, who is two-days old and is experiencing jaundice, is positioned in the sunlight by his mother Nancy
REUTERS
1/23
Nancy Pedroza, 27, who is pregnant, sits next to Ryan Morgan, 30, her partner and father to their unborn child, as they relax at Pedroza’s parent’s house, where they currently live, during the coronavirus disease (COVID-19) outbreak in Fort Worth, Texas
REUTERS
2/23
Nancy Pedroza attends an appointment with her licensed midwives Susan Taylor, 40, who checks her stomach, and Amanda Prouty, 39, in Taylor’s home office at her house
REUTERS
3/23
Nancy takes a brisk walk to try and speed up her contractions, with Ryan and her licensed midwives near Taylor’s home where Pedroza plans to give birth
REUTERS
4/23
Nancy receives support from Nichollette Jones, her doula
REUTERS
5/23
Nancy experiences contractions
REUTERS
6/23
Nancy is supported by Ryan and Nichollette as she experiences contractions while laboring at the home of Pedroza’s licensed midwife, Susan Taylor
REUTERS
7/23
Nancy lies on a bed in front of Ryan as he helps to pump her breastmilk to try and speed up her contractions
REUTERS
8/23
Nancy experiences contractions as Susan lies on a bed
REUTERS
9/23
Nancy holds hands with Nichollette and Ryan as she experiences contractions in a birthing tub
REUTERS
10/23
Nancy embraces Ryan
REUTERS
11/23
Nancy is supported by Ryan as she experiences contractions in a birthing tub
REUTERS
12/23
Nancy experiences contractions
REUTERS
13/23
Nancy in a birthing tub
REUTERS
14/23
Nancy is placed onto an ambulance stretcher to be taken to hospital by paramedics, after her unborn child’s heart beat dropped from 130 beats per minute to 30
REUTERS
15/23
Nancy is carried on an ambulance stretcher to be taken to hospital by paramedics
REUTERS
16/23
Nancy is carried into an ambulance on a stretcher
REUTERS
17/23
Nancy holds her one-day old newborn son, Kai Rohan Morgan
REUTERS
18/23
Nancy breastfeeds her newborn son at the house of her parents, where they are currently living
REUTERS
19/23
Susan Taylor positions Kai for a photograph at his newborn screening
REUTERS
20/23
Amanda Prouty and Susan Taylor conduct a newborn screening for Kai at Kai’s maternal grandparent’s house
REUTERS
21/23
Susan takes two-day old Kai’s temperature while checking if he has tongue tie, an oral condition that can potentially cause issues with feeding
REUTERS
22/23
Nancy and Ryan clip the fingernails of their two-day old son
REUTERS
23/23
Kai, who is two-days old and is experiencing jaundice, is positioned in the sunlight by his mother Nancy
REUTERS
Rebecca Hilsenrath, chief executive of the EHRC, said: “Pregnant women and new mothers already face many challenges at work.
“The pressures of the coronavirus crisis add to the risk of discrimination. The government has already outlined its intention to increase protection from redundancy for pregnant women and returning mothers by an additional six months – we welcome this commitment and ask that this essential protection is now implemented.
“As the current situation makes it much harder to make discrimination claims, the time limit should be increased as part of emergency legislation. We know employers have to make tough decisions in these circumstances, but they must be fair to those on maternity leave or who have recently given birth. If we don’t act now the hard-earned rights of women at work will be set back.”
The EHRC urged the government to bolster the job retention scheme and incorporate the right for disadvantaged groups, such as disabled people, those with long-term health conditions or caring duties, to ask to be furloughed.
This comes after the government’s Covid-19 wage subsidy scheme for employees was extended until the end of October by the chancellor earlier in the week. Rishi Sunak announced the furlough scheme, which sees the government foot the bill for 80 per cent of furloughed employee’s wages with a cap of £2,500 a month, would remain unchanged until the end of July.
Joeli Brearley, chief executive and founder of campaign group Pregnant Then Screwed, said they shared the EHRC’s concerns.
She added: “Last month, our free legal advice line received five times as many calls as it normally does. We’ve opened a second helpline to cope with the demand. Every day we are hearing from women placed on sick pay, annual leave, or going unpaid simply because they are pregnant. We’ve also heard of workplaces that are only furloughing pregnant women and mothers. This crisis has seen a blatant erosion of the employment rights of pregnant women and mothers.
“We are preparing for a surge in employment tribunal claims when people return to work. However, it’s completely unreasonable to expect employees to bring a claim within the three-month time limit, given the circumstances. Many of these women are either coming to terms with new motherhood, trying to balance work with no childcare or simply trying to survive financially.
“They don’t have the capacity to then take on legal action too. We have long campaigned for this time limit to be extended to six months, and The Law Commission has recently recommended this too. Delaying the implementation of this further will give unscrupulous employers a free pass.”
The NHS states pregnant women are deemed to be a vulnerable group and need to be especially strict with social distancing.
Rosalind Bragg, director of Maternity Action, a national pregnancy charity, noted the government committed to making redundancy protections for new mothers stronger back in 2017 but women are still waiting for action to be taken.
“It is not acceptable that pregnant women will be left without the promised legal protections as businesses downsize during the pandemic,” she added. “Discrimination against pregnant women and new mothers was widespread before the pandemic, and we are very concerned that the situation will worsen as economic conditions deteriorate.”
Ms Bragg continued: “On our advice lines, we are hearing from women at risk of redundancy who would benefit from the promised legal protections. There is nothing to stop the government taking swift action now to make the promised changes to the law.
“We have asked the government for guidance on health and safety for pregnant women at work, and are disappointed that this is still not forthcoming. This has left many pregnant workers facing a choice between unsafe working conditions or taking badly paid sick leave, employers are unaware of their legal obligations. Pregnant women who cannot be offered safe working conditions, should be suspended on full pay or offered furlough.”
A London School of Economics study, which came out earlier in the week, shows women are more likely than men to lose their jobs in the upcoming recession because a greater proportion work in sectors which are predicted to be hardest hit.
Women are overrepresented in hospitality, leisure, tourism and the arts – industries where thousands of workers have been furloughed or laid off due to the Covid-19 pandemic.
The government equalities office has been contacted for comment.