What could have been done differently to prevent the discrimination I was subjected to?
Having had time to reflect on my experience of pregnancy and returning to work after becoming a parent I can see that there is a lot that could have been done differently to avoid the discrimination I was subjected to. What I think is really sad and disappointing is that much of what could have been done has very little cost associated with it and what's more it wouldn’t have taken a huge amount of effort from those involved. I guess the positive to take from the situation is that what happened to me can very easily be prevented from happening to others.
The opportunity for employers to do better starts from an early stage perhaps even before an employee's pregnancy. As an employer be proud of what you offer parents and publicise it like other great provisions such as staff discount, workplace gym, car allowance and private health. There’s nothing to lose and perhaps when your are recruiting you’ll attract an even bigger talent pool by removing the mystery around what your maternity, paternity and family policies are, it may even give you the edge over other employers in the same industry Mumsnet have been campaigning for large companies to publish parental leave policies since 2019.
When a colleague shares the news of their pregnancy don’t just refer them to a policy document for them to try to interpret and understand. This is an opportunity to celebrate their news and support them at the start of what can be an exciting but worrying time. An employer's reaction to a pregnancy announcement will have a fundamental impact on that colleague's whole experience, it is imperative that the treatment of & interaction with the pregnant colleague does not deteriorate following them sharing the news of their pregnancy, remember they are just as competent as they were before they told you their news.
During pregnancy there is so much to get your head around and a lot of the time you have no idea what to ask because you don’t know what you don’t know. Even if the colleague has had a baby previously things may have changed or they may not have worked for the same organisation.
There are some great workplaces out there who offer specific learning sessions for their employees who are pregnant, which creates a chance for the colleagues to get to know others at work who are also pregnant. Importantly it provides them the opportunity to get answers to the many questions they might have such as; how and when to submit a Matb1 form, how to book in midwife appointments and what happens to pension contributions & holiday entitlement during maternity leave. Also this is a chance to bring to life the policies that are in place and share with pregnant employees the great things that are available to them such as mentor programmes when they return to work, KIT days, the Government's Tax-Free Childcare scheme, staff networks and flexible working. It’s also a perfect way to integrate learnings taken from other colleagues' experiences of pregnancy and maternity leave and it provides a way to implement recommendations made by relevant staff networks to ensure improvements continue to be made.
What I have recently begun to understand is how important it is for the partner of someone who is pregnant to be supported in the workplace too and the earlier the better. If women feel overwhelmed by pregnancy and the transition to parenthood it’s highly likely that their partner, if they have one, will have similar feelings too. There is a massive opportunity for employers to provide a specific learning session for dads, they too are likely to have many questions and more often than not they won’t feel able to ask someone for a variety of reasons. Giving clarity around requesting leave to attend midwife appointments, how shared parental leave works, how to request paternity leave, details around flexible working and the Government's Tax-Free Childcare scheme will help alleviate many worries that dads have but do not talk about. This type of non-intimidating forum would enable men at work to form new connections with those who are about to embark on the journey of fatherhood. It is also a chance to share with employees who either already are or are about to become a dad the great things that are available to them such as staff networks and employee assistance programmes (EAPs). It also creates an excellent opportunity to make it clear that your organisation does not believe it’s a “woman’s job” to raise children, and a “man’s job” to stay at work. The benefits of men taking paternity leave and having an active role in family life are huge. Children need, and benefit from, time with mothers and fathers as caregivers. As an employer, if you are serious about improving gender equality at work, support men to take parental leave and provide real life examples of why this is so important and does not mean the end of a man’s career
Something that became clear during my Employment Tribunal hearing is; it's imperative employers are considerate of the person who is responsible for line managing those that are pregnant and or those who are briefing employees on maternity, paternity and family policies. Carrying out these tasks can be very triggering for someone who may have previously experienced or is currently experiencing challenges in becoming a parent. There is an opportunity for employers to handle these scenarios sensitively and with care to avoid causing upset and possibly trauma for all involved.
Communication is critically important throughout the journey of becoming and being a working parent. Being listened to and heard makes a huge difference to a person's experience of pregnancy and parental leave. There is no point having processes in place and industry leading policies if they are not followed or implemented properly.
Extended time away from work can be really unsettling, so much change can happen both for the parent and the organisation. Returning from time away from the workplace can bring up so many feelings. An employee returning to the workplace should never be de-prioritised or put to the bottom of a to do list. They should not be made to feel that they are being a pest or expecting too much for simply returning to a job that they are more than capable and competent to do, in fact during their time away from the workplace a colleague will have undoubtedly gained a huge amount of skills & experience that can add a massive amount of value to a workplace.
If communication issues arise, for example a return to work email is repeatedly ignored and not responded to, it’s extremely important that the issue is handled properly and treated seriously. Clearly mistakes can and do happen, especially when everyone is super busy doing their day to day job but an employee should never be treated disrespectfully or made to feel forgotten about and any issues they raise should not be dismissed or invalidated. Employers need to maintain respect, empathy & common sense as and when issues come up. Equally important is that issues are acknowledged and prompt action is taken to resolve.
To ensure mistakes are not repeated and learnings are taken away, training and support should be put in place for anyone who either intentionally or unintentionally plays a part in the issues that can and do arise. There are plenty of organisations such as Working Families, Pregnant Then Screwed and Power of the Parent who are equipped to provide the guidance organisations need to ensure those involved in the pregnancy and parental leave process; by that I mean HR colleagues, line managers, pregnant employees and their partners have a straightforward and positive experience.
There really should be no reason for an Employment Tribunal claim to be raised because of pregnancy and or taking time away from the workplace for parental leave but if matters are not handled well it can result in an employee pursuing an employment tribunal claim and the implications of that can be huge.