'I was forced from my job

'I was forced from my job

Woman holding baby
The scale of maternity discrimination is being hidden because of the use of gagging orders when women who have lost their jobs settle out of court, experts have told the Victoria Derbyshire programme.
"My boss said if I'm not going back to work, then I'd have to pay back all the maternity payment."
"Emma" - not her real name - was working as a beautician when she became pregnant.
She did not realise at the time that her boss's request was against the law.
She was called into the salon and told by the owner she would no longer be needed at the company.
"I didn't know what to do. I'm a single mum, no family. No-one can help me," she tells the BBC's Victoria Derbyshire programme.
"How can I pay my rent? How can I pay my bills? I was floored."
Emma went on to settle out of court. She signed a confidentiality agreement preventing her from speaking out about the case - which is why she is anonymous.

'Wholly unacceptable'

Around one in nine of more than 3,000 mothers questioned said they had been dismissed, made compulsorily redundant, or treated so badly they felt they had to leave their job, according to the Equality and Human Rights Commission in 2015.
This is despite the Employment Rights Act and Equality Act protecting women from unfair dismissal because they are pregnant or on maternity leave.
Last year, the government described the findings as "shocking" and "wholly unacceptable", but no new protections have been brought in since.

Karen Jackson
Image captionKaren Jackson believes confidentiality agreements should not be allowed

Karen Jackson, director of law firm Didlaw and a specialist in discrimination cases, says the true scale of the problem is masked by the fact that many women sign settlement agreements containing a confidentiality clause - which stops them from speaking out.
"I've never seen a settlement agreement that didn't have a very strict confidentiality term in it," she says.
"I wish I could talk about some of the companies that I've dealt with and their attitudes to pregnancy and maternity.
"Household names, brands that we know, banks, insurers, utility companies, big conglomerates, retail - you name it, these companies have all at some point had some issues.
"If I look at the FTSE 100 there's a good chunk of companies on that list that I've acted against around pregnancy and maternity."

'Accept lower offer'

Conservative MP Maria Miller, chair of the Women and Equalities Committee, says women must be allowed to speak out.
"The government needs to take this situation very seriously indeed.
"We shouldn't have the problem hidden by confidentiality clauses," she explains.
Kiran Daurka, an employment solicitor at Leigh Day, says in 14 years she cannot recall one of her clients who was pregnant or had recently given birth taking her employer to a full tribunal.
She says such women are likely to settle and "accept a lower offer, as they don't really want to be in litigation during that time for emotional and financial reasons, which employers often exploit".

'Maternity discrimination'

Catherine McClennan won a maternity discrimination employment tribunal in 2015 against her employer, the TUC - which represents trade unions.
She received damages and costs of £21,000.
"My job and job title was omitted from the [company's] directory, which was really hard to see in print to be honest with you.

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