Fewer women are leaving work after having children. While some see this increased workforce participation as a step towards equality, as inflation surges, many mothers now work out of economic necessity.
Although the Equality Act 2010 legally protects women from discrimination in the workplace, inequality and discrimination still remain far too common. This legislation sets out nine protected characteristics. Those protected characteristics most relevant to working mothers include sex, pregnancy and maternity, and marriage or civil partnership.
However, it is notoriously difficult to prove to an employment tribunal that an employer refused to hire a recently married 30 year old woman out of fear that she would inevitably soon be taking maternity leave. Similarly, it is difficult to show that an employer declined to promote a pregnant employee due to a concern that she would soon be seeking flexible working arrangements. Yet we often anecdotally hear of such scenarios.
Additionally, the UK’s three million single parent families are predominantly headed by women, with many working in low-paid, part-time jobs. In roles where women predominate, they often receive lower pay than equivalent male-dominated roles. For example, in an ongoing class action, mostly female Tesco retail workers are arguing that they are discriminatorily being paid less than Tesco’s mostly male warehouse workers.
Meanwhile childcare costs remain stubbornly high. The Organisation for Economic Co-operation and Development says that the UK now has the world’s second highest childcare costs, two-thirds as much as monthly mortgage and rental payments.
For many mothers, flexible working offers a way to work while minimising childcare costs. In Britain, workers with more than 26 weeks service have the right to request flexible working. Despite this, the prevailing culture in many businesses prevents working mums from requesting it.
While we may celebrate the rise of the working mother, we should remember that many work out of financial and economic necessity rather than choice, and that genuine equality still remains elusive.
Hina Belitz is a partner and specialist employment lawyer at Excello Law
