With the growth of flexible working and the narrowing - albeit slowly - of the gender pay gap, it seems like we are on the right trajectory for all members of society, particularly women, to participate in the workforce actively and equally. This is supported by recent legislative proposals, which are intended to make the workplace better for all, but particularly women: the Protection from Redundancy (Pregnancy and Family Leave) Bill and the Worker Protection (Amendment of Equality Act 2010) Bill.
These bills are currently in the latter stages of progression through the House of Lords, but will they have the desired effect on women’s rights?
The Protection from Redundancy (Pregnancy and Family Leave) Bill proposes to extend the redundancy protection currently afforded only to individuals on maternity, shared parental or adoption leave from the moment pregnancy is disclosed until a child is 18 months old. The positive aim of this bill, led by Labour’s Dan Jarvis, is to ensure that vulnerable people, particularly women after birth, know that they cannot easily be made redundant during this period.
Employers assessing the bill may consider that this extensive period, which is effectively 27 months, through which individuals may be protected presents a long restriction on employers. It does not, however, mean redundancy of a pregnant woman is not possible during this period. The law recognises that sometimes redundancy may be necessary, although rules on a duty to offer a suitable alternative vacancy, should one exist, will remain. While this period may act as a deterrent, there is nothing to stop employers from simply delaying redundancy decisions until the 18-month mark.
The Worker Protection (Amendment of Equality Act 2010) Bill introduces employer liability for acts of harassment by a third party such as clients or customers, against an employee. It also introduces a new duty on employers to prevent harassment of their staff. With the victims of sexual harassment typically being female, these changes will hopefully have a substantial impact on women and their safety.
This bill also poses new challenges on how to manage a business. We do not yet, for example, know what steps employers will be expected to take to prevent harassment and we await further guidance on such things.
Hina Belitz is a partner and specialist employment lawyer at Excello Law
