It is shocking that 54,000 women are dismissed or selected for redundancy annually because of being pregnant or on maternity leave. And not only is it shocking, it is also illegal to discriminate on these grounds.

However, a UK government report shows it is happening. Frequently the large corporate employers are the culprits (and getting away with it), because they have far greater resources than a small or medium-sized business.

Most small business owners want to do the right thing by their employees, but the impact on an SME can be significant. Therefore it throws up worries, concerns and confusion about what the law is and what they need to do.

Here’s a clip of Gemma Tumelty from The HR Dept talking about maternity discrimination

.@gemmatumelty discussing the impact of maternity leave on small businesses and how we can support them #maternitydiscrimination pic.twitter.com/N9iogGeH3o

— The HR Dept (@TheHRDept) October 3, 2017

Campaign groups have called for increased legislation, following in Germany’s footsteps, whereby employers cannot dismiss or make a pregnant worker redundant. We do not support this; legitimate business critical restructures cannot be held back because one or more of your employees may be pregnant or on maternity leave. A business needs to be able to ensure its survival and improvement. Besides which, pregnant employees already enjoy greater protection in redundancy situations. And with the abolition of tribunal fees, it is a brave employer who dismisses unfairly – particularly as discrimination claims can result in unlimited compensation.

Whilst we are adamant that pregnant women, and women on maternity leave need protections, let’s also be honest here – being pregnant doesn’t suddenly turn a poor performer into a star performer either!

What can business owners do?

A significant change happened in Ireland this week in regards to maternity leave. Maternity leave is being extended to include any premature births, therefore if a women gives birth 4 weeks before her ‘due date’, she will be entitled to the normal 26 weeks plus the 4 weeks premature leave.

The majority of SME’s are pleased for their employee. But they will worry about how they’ll cope with the high recruitment costs for a fixed-term cover who may not have the same level of knowledge. But if your staff trust you, they will share their news early. This helps you to do the necessary risk assessments and allows you to start planning.

Taking good HR advice can mean that the process of finding ways to minimise the impact of both cost and knowledge-loss can take place. Understanding and complying with the statutory maternity leave, shared parental leave, keeping in touch days, maternity pay, maternity allowance and the health and safety requirements is a bit of a minefield, so have The HR Dept close at hand.

A smooth return to work process can be tricky to navigate, particularly if flexible working requests accompany a return to work. There are huge benefits of being a family-friendly and flexible employer, so think about creative ways you can resource your business which may allow you to attract and retain the best staff.

The HR Dept can help

Getting some expert advice is always a good idea! The HR Dept can provide insured advice, backed by our market-leading employment tribunal insurance that covers all legal costs and any tribunal award.

A new word has arrived in the world of HR – ‘returnships’. Although in truth, the idea was first launched in 2008 by the food company Sara Lee.

Internships vs returnships – What’s the difference?

Internships are students or graduates taking a work experience placement with a company to see if they are entering the right career, creating a network or simply making their CV look better. In return, the employer can see if they have the aptitude to apply their academic qualifications.

Returnships, on the other hand, are experienced people who have taken a career break and want to get back into the marketplace at a level appropriate for their academic qualifications and life experience.

A mother’s intuition

Most people that take returnships are women who have taken career breaks to raise their children or care for elderly parents. And by recognising that these women have hugely transferable skills, the company benefits. They usually are emotionally intelligent and have great organisational and negotiating skills – the latter proven by any mother who has handled a toddler in a full-blown tantrum in the middle of John Lewis.

By offering a three-month returnship, the company benefits from these skills. And if the returnship ends in a permanent placement, it can address the gender imbalance at management level that the country is suffering from.

However, this is fine for large companies that have the capacity and bank balance to provide it, but can it work for SMEs?

The power of returnships

It is certainly more difficult for SMEs to offer short term placements, so why not use this pool of talent for normal recruitment? We know there is a skills shortage and by saying in the advert ‘returners welcome’, you may uncover a whole new resource.

Naturally, there may be a longer period during which the employee gets to grip with new technology or systems. But for a managerial role, their people skills will be operational from day one.

These older workers can bring maturity. And with a properly planned and reviewed induction programme in place, everyone wins.