Women can sue if maternity leave slows career

[sheherazade]

Women can sue if maternity leave slows career

 

By Sarah Womack, Social Affairs Correspondent

Last Updated: 3:30am GMT 13/03/2007

 

Thousands of working mothers who fall behind in the queue for promotion because they have taken maternity leave will be able to sue their employer for sex discrimination, a High Court ruled yesterday.

 

It said that the time a woman takes on maternity leave - which can be up to a year from next month - must count as continuous service and be included where it affects her promotion. She is also entitled to be fully consulted about any changes to her job while she is looking after her baby.

 

In addition, the court ruled that a woman harassed by a customer can take legal action against her employer for failing to protect her.

 

Yesterday's ruling follows a case brought by the Equal Opportunities Commission that argued that ministers had failed to apply the European Equal Treatment Directive properly. The directive is the piece of legislation that implements sex discrimination law in Britain. Mr Justice Burton agreed that women in Britain did not enjoy proper protection.

 

He has told Alistair Darling, the Trade Secretary, that he has until March 16 to inform the EOC and the court how the Government plans to remedy the situation. Jenny Watson, the chairman of the EOC, said the court decision was a triumph for vulnerable women.

 

It should also come as good news for employers, who now have a clear understanding of their rights and responsibilities and won't find themselves tied up in expensive and time-consuming cases seeking clarification of regulations that are incompatible with European legislation," she added.

 

Pregnancy discrimination and sexual harassment affect thousands of women each year. A recent EOC investigation found that almost half of pregnant working women experience some disadvantage in the workplace as a result of pregnancy or maternity leave.

 

Sexual harassment cases comprise almost a quarter of all successful sex discrimination employment tribunal claims and sexual harassment remains one of the top five reasons for calls to the EOC's helpline. The High Court said the current definition of harassment was too narrow and failed to ensure that women at work were not subjected to any "unwanted conduct related to their sex which violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment".

 

Harassment by clients is a particular problem in the hotel and restaurant sector, which employs 670,000 women. Mr Justice Burton agreed that a woman should be protected against harassment if her boss knew of such conduct but failed to take any steps to prevent it. Women's rights during maternity leave were also unclear, he said.

 

Susan Anderson, the CBI director of human resources policy, said: "We will have to look at the details of this judgment carefully and fully consider its implications. "There should be zero tolerance of bullying and harassment within the workplace, but when it comes from customers or members of the public it can be difficult for employers to manage."

 

A spokesman for the Department for Communities and Local Government, which has responsibility for policy on equality issues, said the Government remained committed to ending discrimination against women.

 

"This is a case about the technical interpretation of regulations and the requirements of EU law and we will be studying the ruling carefully before deciding on the appropriate way forward. "We have delivered the largest ever package of practical support for women in the workplace, including a doubling in paid maternity leave and maternity pay since 1997."

 

source

[Baluug]

Where's sheherazade, so she can lock this s_tupid topic? Oh, never mind.........

[sheherazade]

^that's sooo Canadian and sooo another topic.

[Valenteenah.]

That's an encouraging and welcome move. Much like the new public sector Gender Equality Duty

[Baluug]

I guess I should contribute something.....

 

So, who does the woman sue? Allah?

[Naden]

Very fair and about time. Promotions and advancement affect a woman's lifetime earnings and how much she saves for her retirement. She should not be penalized for having and caring for an infant.

[Khayr]

Originally posted by Naden:

Very fair and about time. Promotions and advancement affect a woman's lifetime earnings and how much she saves for her retirement. She should not be penalized for having and caring for an infant.

^^^

 

Why should the infant be penalized by a career driven mother? Poor daycare raised infants

 

Carry on....

[sheherazade]

Tip: read, comprehend then respond.

[roobleh]

Why should the infant be penalized by a career driven mother? Poor daycare raised infants

If you have children, you would have understood why a single mother or married one(when dad is not providing)have no choice but to work. But there are many who don't have children who do understand that cuz they do not rush judgement.

[Aaliyyah]

Rooble you do have a point and totally understand when a single mom works and is forced in order to support her family. But, they are not always forced to work I see lota moms just work , even though their husbands work, complaining that life is expensive so they must meet the day's end. However, how does one feel knowing his/her infant is being raised by gaalo?? I dont know bt I personally rather raise my child on my own.I am not saying we (women) shouldnt work. I just think one should refrain from working the 1st four years of their child's life, 1st four years or so are very crucial. I know lota ppl would be like okey I attend university for good 5 yrs or what not ? and it would be wasted just sitting home (which is how they interpret taking care of their kids lol ..sitting home..) bt I would claim that it is not waste of time you become educated alhmadu lilaah you can help your kids with shcool and what not, u know the importance of education, you will inspire your kids. God forbid if u get divorced then you do have yr degree and u can attain a good paying job . Ye all might not agree with me, bt this is just personal perspective.

 

 

wa salaamu alaikum

[Blessed]

Nice. Thanks for sharing Sheh

 

 

Another delightfulread.

[Che -Guevara]

When did a natural infliction become a ground for suing an employer?

 

This is total BS!!

[Ms DD]

Che

 

You are not being a politally correct dude

[Che -Guevara]

^^^LooooooooL...I know. What was just once opinions have now become benighted ideas,but still why should an employer be held liable for choice that a woman makes.

[Ms DD]

Sounds like an argument a single male/lesbian would make against flexibale working conditions.

 

It must be a pain for all employers with all this flexible working conditions malarkey. However for us employees (those with family), it is perfect for us.