As part of the government’s plan to Make Work Pay we have responded to their consultation on making it unlawful for pregnant women, mothers on maternity leave, and mothers who return to work for at least 6-months after they return- except for specific circumstances, to be dismissed from work.
Key points from CIPD’s response to this consultation, include:
- Before introducing further legislation in this area, we think it would be helpful for the government to do a full review of the 2023/24 extended redundancy protections for pregnant women and new mothers. This review should include perspectives from both pregnant/ new mothers and employers to gauge the impact of the change from both an employee and employer perspective, and whether any further changes are required.
- We also think that before looking to widen the law and bring in tighter restrictions the government should look at issues of enforcement and the current backlog and lack of resource in the employment tribunals system.
- Our HR members are generally of the view that the existing protections for pregnant women and new mothers are strong enough and that if further change is required this should be focused on effective enforcement of these protections. There is the danger that further legislation and tighter restrictions in this area could also lead to negative unintended consequences for those that the provision is trying to protect.
- There was a lot of uncertainty among HR practitioners involved in focus group discussions over how either of the two options proposed in this consultation would work, with both being seen as complex and difficult to apply in practice. If this is the view of qualified HR practitioners, it is likely that owner managers in small firms with no HR support would find applying the proposed new tests challenging to understand and to comply with in practice. There should be a further consultation to develop/agree policy in this area if there is a determination to push ahead with additional protections.
- When looking at any new legislation in this area, the government should also ensure that they consider the implications of other Employment Rights Act changes in a joined-up way, including the areas of unfair dismissal, flexible working and parental leave. They should also consult thoroughly on the detail of any proposed change.
- Overall, the government should look to emphasise in any communications with employers on pregnancy and maternity discrimination the business benefits of supporting new mothers and working families and the reputational and legal risks of not doing so effectively.
