Great expectations from Brown's new labour laws; NEW CAB REPORT
DAVID ALCORN Chief ExecutiveBIRTH Rights, the report published last week by CAB, shows that pregnant women across the UK are the victims of prejudice and discrimination in the workplace
It argues that new maternity rights announced by Gordon Brown in the Budget will go unclaimed without publicity and good enforcement mechanisms.
The report, based on cases from CAB offices in Northern Ireland and the rest of the UK, shows that women are still sacked illegally or threatened with dismissal just because they are pregnant.
Even where employers stop short of dismissal, women are often asked to resign or reduce their hours, and are denied rights such as time off to attend ante-natal appointments and the right to return to the same job after maternity leave.
Men are frequently told that there is no right to parental leave, or that it does not apply to their company.
In Northern Ireland, CAB has dealt with the following cases: A Carrickfergus client who had been working for her employer for nine- and-a-half years returned to work following maternity leave to find that she had been demoted.
A Coleraine client going off on maternity leave was entitled to statutory maternity pay but her employer refused to make the payment for the last four weeks of her maternity leave.
In Holywood, Co Down, a CAB client who worked in a shop was refused a seat in her employment while pregnant, and felt that she was being pressurised into leaving.
The maternity improvements include longer maternity leave and two weeks paternity leave for new fathers, but CAB's experience is that without publicity and enforcement many of these rights will be denied or go unclaimed.
From the cases which are brought to us each year, we know that many employees have difficulty in claiming rights at work because of isolation, pressure brought by employers and a lack of knowledge about where to go for help.
Even when CAB advises people of their rights, women may face a hard choice between claiming that right and incurring the disapproval of the employer.
Faced with the threat of dismissal or isolation at work, many employees choose not to exercise their legal rights, and simply accept the situation in silence.
CAB recognises that many businesses, especially small ones, need advice guidance and specialist support to help them meet their legal obligations, and government has a clear role here in providing extra help.
Employment law is very complex, and some situations - such as pregnancy - are encountered rarely in small firms, who need real practical assistance to adopt the right policies.
Coupled with that, we would like to see very high levels of publicity for the new changes, and spot checks on particular firms.
This is necessary, not just for maternity rights, but for a whole range of issues including Minimum Wage, Terms and Conditions, holiday pay, holiday entitlement, and the provision of wages slips.
We see many people who are denied these rights at work, particualrly in those area such as catering where employment is casual and the workforce changes frequently.
We also believe that the ability to make complaints through a third party such as CAB or a trade union would protect staff from discrimination and victimisation.
Third party complaints would take the pressure of individual workers and offer them protection while the complaint was being dealt with.
Government doesn't just have to legislate to improve rights, it also has to address how they are implemented and how the ordinary citizen is helped to access those rights and make them a personal reality.
Unless that is done, the new maternity benefits will be the law of the land, but will remain out of reach for ordinary workers.
The New Changes Statutory Maternity Pay & Maternity Allowance increases to pounds 75 from April 2002 and to pounds 100 from April 2003.
From April, 2003, maternity pay will be paid for 26 weeks. (currently 18 weeks)
From April 2003, new fathers have the legal right to two weeks paid paternity leave, at the same flat rate as Statutory Maternity Pay.
From 2003, an adoptive parent can claim 26 weeks paid adoptive leave, paid at the same flat rate as Statutory Maternity Pay.
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