Expecting a baby?

Congratulations - pick up your P45

at the door
Some employers are using maternity leave as a convenient
excuse to make staff redundant, says Jon Robins
• Jon Robins

• The Observer, Sunday 14 June 2009

Out of sight, out of mind. That seems to be the case for mothers returning from
maternity leave who, according to reports, are increasingly being singled out for
redundancy in the economic downturn.

So what can you do if your boss targets you, just because you are a new mum?
"It's extraordinarily difficult to pursue an action for pregnancy discrimination,"
reckons Ros Bragg, director of Maternity Action.

"Whilst the law is clear, it's often very difficult to prove. Plus, women who are in
the late stages of pregnancy, or at home looking after a baby, or who have just
returned to work, simply don't have the time or energy."

Maternity Alliance is part of a new campaign - the Alliance against Pregnancy

Discrimination - which also includes Citizens Advice, Working Families,
Maternity Action, the Fawcett Society and the single parents group Gingerbread.
They all report an alarming rise in the number of women claiming that they have
been victims of pregnancy-related discrimination in the workplace.

Working Families' helpline has received 198 calls this year, including at least one
a month "where a woman is dismissed on, or soon after, the day she informs her
employer of her pregnancy".

Case worker Vanessa Wheeler reports the case of a young single mum who was
told maternity leave had been scrapped and that "as a concession" she could take
two weeks' annual leave following the birth. She didn't take action fearing she
would lose her job.

Sophie, 39, worked at a well-known media company for almost two decades and,
as business director, held one of the most senior posts.

In March she returned to work after giving birth to Charlie. "I was ready to go
back after 11 months' leave. I had a nanny and my four-year-old daughter was in
full-time nursery," she says.

"On my first day back my boss said he'd meet me in the bar ... all very media.
Instead of going to my office, he walked me into a glass-sided room in human
resources in full view of everyone. Then the penny dropped."
Sophie was told she was on notice of redundancy. "Out of a department of about
90, I was the only person made redundant. I happened to be the only person on
maternity leave," she says.

Her employer put her forward for two jobs, neither of which were suitable - in
one case, the prospective employer cancelled the interview half an hour
beforehand and appeared to forget a second, rescheduled one. The second job
was, as she puts it, "totally inappropriate" and the offer only made after she was
made redundant. "They decided to get rid me after 19 years' unblemished record.
The treatment was appalling. My overall feeling is one of anger and sadness."

Camilla Palmer, an expert in discrimination law at Leigh Day & Co (also a

member of the Alliance) is advising Sophie: "The question for women like her is
what would have happened had she not been on maternity leave?

"If she would not have been made redundant but for her maternity leave, this will
be discrimination.

"The courts have also said that if there is a failure to consult a woman because she
is on maternity leave, that in itself is discrimination."

Current legal protections are, in theory at least, "very strong". But as Cathy
Rogan, rights adviser for Working Families, says, there are two significant
difficulties - women have to prove discrimination and they have to enforce those
rights.

Proving discrimination is often problematic "particularly where it amounts to

snide comments and a gradual freezing out", says Rogan. "If you suspect this,
keep notes and talk to your employer."

If that doesn't work, there is always the employment tribunal. Take speedy advice
from an adviser who specialises in maternity discrimination. You have to bring a
claim within three months (less a day) of the act complained of. There is no legal
aid to pay for a lawyer to represent you (although there might be for initial
advice).

A good place to start is the Working Families helpline (workingfamilies.org.uk,

0800 013 0313) or the Equality and Human Rights Commission
(www.equalityhumanrights.com).

Citizens advice and law centres also have specialist employment advisers.

And check your home contents insurance to see if you have legal expense cover.
Under such policies, you have the legal right to instruct your own solicitor.

http://www.guardian.co.uk/money/2009/jun/14/maternity-leave-redundancy