Pregnant pause | Pocketmags.com

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Pregnant pause

Staff Strategy

A RECENT REPORT REVEALED CONCERNS about women continuing to be unfairly treated during their pregnancy. The Maternity Alliance said that one in 20 new mothers are made redundant during pregnancy, while on maternity leave or shortly after returning to work.

We are also aware of the vast number of skilled and experienced therapists who simply leave the industry following childbirth. Many of the redundancies arise from rejected requests for flexible working. So, what should salon owners do to retain these staff?

The facts

Each year in the UK, there are more than 500,000 pregnant women in the workplace. Alarmingly, 5% are made redundant during their pregnancy, maternity leave or shortly after they return. In 2016, the Equality and Human Rights Commission (EHRC) found that 77% of pregnant women and new mothers had experienced discrimination or negative experiences during pregnancy.

It is legal for staff to be made redundant while pregnant or on maternity leave, but there does need to be a genuine redundancy situation and a transparent process. Selecting someone for redundancy because they are pregnant would automatically be unfair dismissal and, of course, sex discrimination. Selection criteria must be objective and non-discriminatory.

The myths

• It is not a genuine redundancy situation if the employee is dismissed because she cannot do part of her job due to health and safety concerns during pregnancy.

• It isn’t an option for the employer to make the woman on maternity leave redundant because they would prefer to keep the person who covered her leave.

• You can’t make a returner redundant because they have asked to return to work part-time.

• Employees who are selected for redundancy because of pregnancy or maternity leave may claim unfair dismissal or discrimination.

• It makes no difference if the employee has under two years’ service. They are protected under sex discrimination legislation from day one.

Few employers are aware that under the Maternity and Parental Leave Regulations Act of 1999, staff on maternity leave have additional protection and rights. If there is a possible redeployment opportunity, they have first call on it. They don’t have to attend competitive interviews along with other colleagues at risk.

This protection exists because a woman may have recently given birth or been out of the workplace for a long time and could be significantly disadvantaged in having to compete for roles. Of course, this only applies if the vacancy is deemed suitable.

What can be done?

Charity Maternity Action claims that the law should be simple and easy for women and their employers to understand and should cover the period of pregnancy, maternity leave and return to work.

The group highlights the system in Germany, which permits employers to make pregnant women and new mothers redundant only under specified circumstances, such as closure of the business, for up to six months after maternity leave ends.

In my experience, the biggest barrier is the attitude of employers, who often see pregnancy or requests for flexible hours as a threat. There is still a fear that pregnant or part-time employees are less effective and no longer 100% committed.

It’s important to place a value on the employee who could be lost. Of course, they can’t dictate exactly when they will and won’t work, it’s a consultative process, but a can-do approach makes a massive difference. Employers welcoming flexible working are also seen as highly attractive to employees with children.

David Wright is a consultant in all aspects of employment practice and law. He is the main employment law consultant for Habia and provides a personalised support service for UK salons. Tel: 01302 563691 davidwrightpersonnel.co.uk

This article appears in Professional Beauty January 2018

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This article appears in...
Professional Beauty January 2018
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