Pregnancy and Maternity-Related Discrimination and Disadvantage: Findings from 2015 research for the EHRC and BIS So, it falls to me to discuss what we can do with all this as researchers or commissioners of research. How do we work with the limitations of the humans that are our research subjects? Katie Oldfield, Director 19 February 2019

What did we do? Background Fieldwork Interpreting the results This research aimed to provide up to date and robust evidence base on issues relating to pregnancy and maternity discrimination Investigated experiences of women (with a child aged 9 to 24 months) of being pregnant at work, on maternity leave and returning to work (where relevant). Explored the views and experiences of employers. October 2014 – May 2015 Survey of 3,254 mothers (30 minute telephone interview) 60 follow-up face-to-face depths with mothers Survey of 3,034 employers (28 minute telephone interview) 49 follow-up face-to-face depths with employers and 2 focus groups Fieldwork Mothers - random sample from birth registration records, opt-in postal stage required to get telephone numbers Employers – modified PPS sample drawn from IDBR (ONS) Interpreting the results The survey findings are based on employers’ and mothers’ perceptions of their experiences. Mothers’ experiences do not necessarily fall under the legal definition of discrimination. Only an employment tribunal can determine whether unlawful discrimination or unfair dismissal has occurred.

How prevalent were negative or possibly discriminatory experiences? At any stage Felt forced to leave job 11% Financial loss 20% Any negative experience 77% Negative impact on opportunity, status or job security 50% Risk or impact on health or welfare 41% Harassment / negative comments 20% Negative experience related to breastfeeding 5% FELT FORCED TO LEAVE THEIR JOB The follow-up interviews revealed some circumstances in which mothers felt treated so badly they felt they had to leave. For example, one mother had left because their employer told them they were not eligible for any maternity pay; others reported their employer reacting negatively to their pregnancy and not being willing to support them. This led to a feeling that they had no choice but to leave. All of these mothers thought it would be very hard to move to a new employer while pregnant, partly because they assumed employers would be reluctant to hire a pregnant woman, but also because of the ‘stress’ and anxiety it might cause them. Negative experience related to flexible work requests 11% Other negative experience 60% Base: All mothers (unweighted: 3,254)

Which mothers were most likely to report feeling forced to leave their jobs? Length of service Employed for less than a year Occupation Skilled trades Caring, leisure and other service Felt forced to leave Salary Lower paid (less than £20k per year) Employer size Small (5-49 staff) Industry sector Utilities Private sector Disability status Those with a long-term physical or mental health condition Trade union recognition Employer does not recognise a trade union

Felt forced to leave case study: treated badly during pregnancy and on return to work Sales assistant for coffee shop chain, earning £5,000–£9,999 a year, aged 20–24 Emma reported having a negative experience of working while pregnant, feeling that her employer was not very understanding of her needs and she said she received negative comments throughout her pregnancy from her supervisor. Emma was working full-time in the early months of her pregnancy but said she was told she wasn’t entitled to maternity pay as her contract was only for 12 hours per week. She reported she had to threaten her Head Office with a formal complaint before they agreed to base her maternity pay calculations on the average number of hours she worked per week. She thought her employer was trying to encourage her to leave as they wanted to employ students and not people with families who might make things ‘complicated. On return from maternity leave Emma said she could work three particular days a week, but any shifts on those days. This was agreed but she ended up feeling awkward and guilty. She also felt overlooked for training and development because she worked part-time. She felt she had to leave, and found another job. ‘My supervisor... would make snide little comments. I remember once she asked me to bring some milk up from the fridges downstairs …and it was heavy, even if you weren’t pregnant….I said: "No…I can’t I’m seven months pregnant." …I’ll hurt myself." And she said: "Look you’re only pregnant, you’re not poorly." 'And then another time …I was talking to somebody else …I just said: "Oh I feel so sick." And she said: "It’s self-inflicted so we don’t want to hear about it." 'I just felt like no matter how hard I worked, because I only worked those days, they just overlooked me. It wasn’t appreciated it was just, 'Oh well, she’s only here for a couple of days so . . .” I’d come in and something would have changed and I say, “When did this happen?” and they’d say things like, “Well you’d know if you were here more often.” Things like that and so that made it difficult. My colleagues were very much like, “Oh she gets every weekend off, that’s not fair.” But I would have 60 worked weekends if I could but they didn’t see it like that. They just saw it as well she’s got the weekend off so I can’t have it off.'

Redundancy case study: unsatisfactory outcome from being offered an alternative position Administrator in medium sized finance company, £10,000–£19,999 a year, aged 20–24 Jyoti worked for a medium sized company in the Finance sector, performing an administrative role. During her maternity leave the company went through a restructure. Jyoti says she wasn’t made aware of this and her role was made redundant. Jyoti was offered a role in a different department which she took, however she found she didn't like or understand the new role and felt that no real support was offered. She has since moved to a different employer. 'When they’re closing the different bits of the company down and my role, it would be nice to know what I was going back to. I didn’t know what I was going back to until I went in and said this is the day I want to come back. I could have done with the support because I went back to a new role so I had no idea what I was doing and well after I still didn’t have an idea what I was doing so there wasn’t the support there with that.”

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