The Equality and Human Rights Commission (EHRC) has published statistics following a YouGov survey of 1,106 senior decision makers relating to the recruitment of women.
Sadly, it appears that many businesses have not kept up with developments in UK employment law, with 36% of private sector employers believing that it is reasonable to ask a woman, during the recruitment process, about her plans to have children in the future. This figure rises to 59% of employers in relation to whether a woman should have to disclose if she is pregnant during the recruitment process, with 46% believing it is reasonable to ask a woman at an interview if she has young children.
Such beliefs are somewhat out of date and employers should understand that any discrimination during the recruitment process can lead to a costly claim against the business.
Further statistics published reveal that 44% of employers agree that a woman should be required to gain at least one year’s service before deciding to have children, with the same number agreeing that women who have had more than one pregnancy whilst in the same job can be a “burden”.
There was clearly some concern amongst employers that women try to “take advantage” of their pregnancy with 40% of employers reporting this. Around one third believe that women who become pregnant and new mothers in work are “generally less interested in career progression”, whilst 41% agreed that a woman’s pregnancy puts an “unnecessary cost burden” on the workplace.
Of all employers surveyed, 51% agreed that there is sometimes resentment amongst employees towards pregnant women or those on maternity leave, and 36% did not believe that it was easy to protect expectant or new mums from workplace discrimination.
Such findings are surprising, as they demonstrate a lack of understanding of modern UK employment law which could be costly if it leads to a discriminatory act and, in turn, results in a claim. Unlike other claims, such as unfair dismissal, there is no need for an employee to be employed by an employer for any length of time before bringing a claim. The amount a Tribunal can award to a successful Claimant is unlimited, meaning awards can be extremely costly to a business, both in financial and reputational terms.
Therefore, it is important that employers are aware of and understand this area of law. As well as helping to avoid such claims, this will promote equality and better working practices which can only be beneficial to an employer’s business. Training staff about this issue is also important in reducing the risk, as far as possible, of other employees taking action which lands the employer with a grievance, a resignation and/or a claim.
If you are an employer who requires more information in relation to discrimination at the recruitment stage and in the workplace, please do not hesitate to contact a member of Buckles’ experienced employment team.
