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Britain's
first ever investigation
into pregnancy discrimination at work
On 1 September 2003, the EOC launched a
formal, GB-wide investigation into discrimination faced by pregnant
women at work. After taking evidence from employers, trade unions
and advisers as well as from women who have experienced problems at
work due to their pregnancy, the EOC will make recommendations to
Patricia Hewitt, Secretary of State for Trade and Industry, in
February 2005.
An Advisory Board for the investigation
chaired by Fiona Cannon, Head of Equality and Diversity at Lloyds
TSB and EOC Commissioner includes representatives from Sainsbury's,
BT, the Trade Union Congress, the legal profession, Maternity
Alliance and a graphic designer who contacted the EOC due to
problems with her employer when she was pregnant.
A hidden problem?
The EOC helpline gets more calls on
pregnancy and maternity issues than any other type of enquiry.
Small-scale research commissioned last year
revealed that:
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Pregnant women experience problems at
work across many industries and occupations; complaints have
come from solicitors, dental nurses, nursery nurses and shop
assistants in both full-time and part-time jobs with both small
and large employers.
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The range of unfair treatment some
pregnant women have experienced includes: dismissal, lack of
promotion, change of salary terms, unfounded criticism,
downgraded appraisals, non-payment of bonus, change of shift
hours, and disciplinary action about performance.
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Many pregnant women who leave the
workplace struggle to return to their pre-maternity employment
status.
We suspect that many women simply leave
their jobs, but no one knows the true extent of the problem.
Scope of the investigation
Our GB-wide investigation will aim to find
out: -
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How many women are affected?
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The impact on their lives, their
families and their future employment
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The issues and concerns amongst
employers in managing pregnancy. Why do some employers fail to
treat pregnant women fairly?
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What can be done to make pregnancy a
positive experience in the workplace, rather than a cause of
guilt or unfair treatment?
Terms of reference
A formal investigation under section 57(1)
of the Sex Discrimination Act into pregnancy related discrimination
in the workplace.
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To establish the incidence of pregnancy
related dismissal in Great Britain and the characteristics of
the women who experience it, including their race, disability
and income
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To investigate awareness of legal
rights and responsibilities in respect of pregnancy at work
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To investigate the reasons why
employers may break the law, including their perceptions of and
attitudes towards pregnant women in the workplace
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To quantify the cost of pregnancy
discrimination in terms of health and safety and in terms of
women's attachment to the labour market
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To assess the effectiveness of legal
protection for pregnant women at work in Great Britain, with
respect to both the substantive law and the determination of
complaints through the employment tribunal system
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To assess the effectiveness of access
to advice and support for women facing discrimination, with
particular emphasis on the most vulnerable groups, including
black and minority ethnic women and those on low income
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To consider any specific issues in
relation to race and disability in relation to the above
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To make and widely publicise
recommendations to help reduce the problem, with follow up work
as necessary.
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