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Daily Mirror
Daily Mirror
Business
Emma Munbodh

Rise in women being handed gagging orders when returning from maternity leave

The past year has seen a sharp increase in the number of women reporting workplace discrimination when returning from maternity leave, figures suggest.

Despite being protected from unfair treatment under The Equality Act 2010, many employers could be flouting the law, a report by Direct Line has found.

In a study, it said more than two thirds of employment law professionals have reported an increase in disputes where employees' working hours were reduced when they returned from maternity leave.

Unfair dismissal cases are also on the rise, with 70% of lawyers seeing an increase in claims around women being fired - and made redundant - while on maternity leave.

The report suggests an increasing number of employers are also turning to so-called ‘gagging orders’ to ensure confidentiality when settling pregnancy and maternity related discrimination claims.

In the past 12 months, 84% of employment law experts have seen an increase in the number of Non-Disclosure Agreements (NDAs) used by employers following pregnancy and maternity-related disputes.

This included cases where women were demoted upon returning to work - an issue Direct Line claims has risen 64% in the past 12 months.

It's not just affecting women, either (Getty)

According to the law, those returning to work after Ordinary Maternity Leave (the first 26 weeks of maternity leave) have the right to return to their job on their old terms and conditions.

If a parent takes additional maternity leave (a second six months of leave) they have the right to return to their old job on their existing terms and conditions unless it is "not reasonably practicable".

In such cases they must be offered a suitable alternative job with similar terms and conditions.

"In today’s world it is concerning that we are seeing an increase in mums and dads being seemingly penalised as a result of spending time with their children. Employers and employees have a responsibility to educate themselves about their rights, which could help to reduce the rise of discrimination claims and ensure parents have reasonable expectations," explained Jane Morgan at Direct Line Life Insurance.

Mothers aren’t the only ones experiencing an increase in workplace discrimination due to pregnancy, either. In the past 12 months, there has also been an increase in claims made by fathers, the report said.

It found a 63% increase in cases of fathers claiming they have been demoted upon returning to work and a 61% increase in disputes related to promotions while the claimant was on paternity leave.

There has also been an increase in men claiming unfair dismissal (59%) and pay disputes (58%) while on paternity leave.

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