Pregnancy And Maternity Discrimination Guidance Updated: 15 Signs You Are Being Discriminated Against At Work | HuffPost Life

'Employers can no longer use the excuse they were unaware.'

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Life editor at HuffPost UK

New guidance has been launched to prevent pregnancy and maternity discrimination at work, as more women are seeking advice.

Employment advisory service, Acas, issued the advice after revealing they received 14,004 calls last year about pregnancy and maternity issues, up from 12,814 in 2015.

“Women should not suffer any unfair treatment while pregnant or on maternity leave and most employers treat their employees fairly,” said Acas’ head of diversity and inclusion, Julie Dennis.

“But those that don’t could find themselves at an employment tribunal.”

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Dennis said the new guidance - which includes letting mothers know about promotions while on maternity leave - can help managers deal fairly with women in areas such as recruitment, promotion and redundancy.

Joeli Brearley, founder of Pregnant Then Screwed told HuffPost UK that releasing this updated guidance on how to manage pregnancy and maternity for employers can “only be a good thing”.

“Managing pregnancy and maternity within a business can feel daunting,” she said.

“Many of the stories we receive could have been resolved had the employer been aware of their legal obligations and kept an open dialogue with their employee. This means that employers can no longer use the excuse that they were unaware of their obligations.

“However, this in itself will not solve this growing problem.

“We need the Government to step up and implement new legislation to increase access to justice and deal with the underlying issues which make employers discriminate against pregnant women and new mums.”

How can you tell if you’re being discriminated against during pregnancy or while on maternity leave?

1. You’re not made aware of opportunities for promotion while on leave.

The new ACAS guidance states that employees on maternity leave should be made aware of opportunities for promotion, even if they are not at work. Employers could be discriminating if they do not promote the best person for the job just because she is pregnant or on maternity leave.

This also applies to women not being given access to training opportunities, as Acas stated: “Both employer and employee need to be reasonable about when training takes place, and they can discuss the best timing for training.”

2. Pregnancy-related absences are included on your record.

New additions to the guidelines also state that pregnancy-related absences must not be included in an employee’s absence record.

“If, in the employee’s contract, contractual sick pay is at the employer’s discretion, it should pay it to avoid potential discrimination,” stated Acas.

3. You haven’t been made aware of your rights.

ACAS recommends that all employers must develop a policy so that all employees understand their rights and responsibilities in relation to pregnancy and maternity discrimination.

4. You have been given no place to rest at work.

Employers are required to provide a suitable place for pregnant employees to rest “in line with the law”, where women will also be able to breastfeed or pump.

5. You’re not aware of health and safety risks at work.

Employers are required to identify and deal with risks to health and safety of a pregnant employee and their unborn child.

6. You’ve been dismissed or made redundant while pregnant or on maternity leave.

7. You have pressure put on you to work during maternity leave or are pressured to return earlier than you would like.

8. You are not given the right to work flexibly.

9. You return to a job that has different terms and conditions to the one you left.

10. You are not given the right to use paid annual leave on top of your maternity leave.

11. You are not given time off for pre/antenatal appointments.

12. You are expected to work more than 10 keeping in touch (KIT) days while on maternity leave.

13. Assumptions are made about you due to being pregnant, such as you have chosen to become a mother rather than commit to your career.

14. You are not given special support if your baby is sick or premature.

15. You are not allowed to take maternity leave if your baby was stillborn after 24 weeks.

To read Acas’ full guidance on pregnancy and maternity discrimination, including what to do if you feel that you are being discriminated against, click here.

Before You Go

Pregnancy worries and words of comfort

I have no morning sickness! Is that bad news?(01 of10)

You might have read things about how morning sickness signifies a healthy level of pregnancy hormones – but not having morning sickness does not mean you're lacking! Although many women suffer with it (and 'suffer' really is the word), many other women do not. Some women have it one pregnancy, but not in another. Attend all your usual checks and count yourself as one of the lucky ones! (credit:Alamy )

I drank before I knew I was pregnant, I might have harmed the baby(02 of10)

This happens to many, many expectant mums, and it's unlikely to be a cause for concern at all. Mention it to your GP/midwife, and just keep off the booze now, until you can enjoy a celebratory glass of fizz when your bundle arrives. (credit:Alamy )

I'll lose the baby(03 of10)

It's estimated about one in five pregnancies ends in early miscarriage, and it's thought most of those occur simply because the foetus wasn't developing properly. It does happen, but don't let it rule your thoughts because the vast majority of pregnancies do succeed. Try not to worry and remember that once you're into the second trimester, the chances of miscarriage is dramatically reduced. (credit:Alamy )

My baby might not be 'perfect'(04 of10)

It's estimated that one in 16 babies in the UK is born with a birth defect – but this figure refers to all birth defects, and many are mild and can be treated. So it's likely your baby won't have a birth defect, and even if they do, they will be perfect in their own way – remember support is available for every eventuality. Take your folic acid and attend your antenatal screening appointments. (credit:Alamy )

I won't make it to the hospital on time(05 of10)

You might have read terrifying stories about pregnant women giving birth in car parks and taxis – but these stories make it to the news because they are extraordinary, in the literal sense of the word! It very rarely happens, and most women get plenty of warning that labour is beginning. So plan well, and all is very likely to be fine. (credit:Alamy )

I might have to have a c-section(06 of10)

If you do end up needing a c-section, you might feel disappointed – but believe us, in the moment the only thing you'll really care about is the safe delivery of your baby. It won't be the end of the world and you won't care a jot when your baby is in your arms. (credit:Alamy )

I won't be able to cope during labour(07 of10)

There is just no telling how labour will be for you, so don't worry about it now. Make your birth plan, discuss it with your partner and midwife, and go with the flow on the day (it's okay to change your mind!). There will be lots and lots of help and support at your disposal. Not to mention drugs, should you need them. (credit:Alamy )

Labour will humiliating (will I poo on the bed?!)(08 of10)

You've heard about that then? It can happen, but the doctors and midwives have seen it all – they have experienced every possible scenario. They won't be worrying about things like that, so neither should you. (credit:Alamy )

I don't know how to be a mum(09 of10)

No-one does until they become one! Every new mum feels like they're winging it in the early days. As your baby grows and you get to know them, you'll learn. Trust in the fact that just about every mother has gone through it… and survived. (credit:Alamy )

I'm worried about gaining all that weight(10 of10)

You will put on weight, yes – but it's normal and nothing to be afraid of! Much weight gain is actually down to the baby, the placenta, extra blood in your system and the retention of water. Pregnancy changes your body in myriad ways – just enjoy it, and let your body just do its thing at this special time. Remember, there's no need to 'eat for two'… but eat what you need and don't count calories. (credit:Alamy )

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