We fund Maternity Action's campaigning work to reduce pregnancy and maternity discrimination in the workplace and for fair maternity pay. Here, director Ros Bragg discusses shifting the dial on maternity rights, the challenges facing new mothers and opportunities for the future.
Protecting and strengthening the rights of low-income pregnant women has proven challenging in recent years. The long-promised Employment Bill – which could have provided additional protections to low income workers - has not materialised, maternity pay and benefits have not increased in real terms, and migrant and asylum seeking mothers are facing an increasingly hostile policy environment. Maternity Action has used a number of strategies to secure changes in law and policy in this context.
Using strategic legal action to increase asylum support
Asylum support rates are very low, leaving pregnant women and new mothers in deep poverty. Increasing numbers of women are living in hotels for extended periods, and offered only in-kind support. By contributing to a series of legal challenges we have been able to help secure increases in the rate of asylum support paid to women, both in hotels and in dispersal accommodation.
We provided detailed witness statements in two successful High Court challenges to rates of asylum support for pregnant women and new mothers. In our witness statements, we reviewed public health guidance on healthy eating during pregnancy, the academic evidence on risks associated with poor diet and the mainstream benefits provided to pregnant women and new mothers, including the Healthy Start Scheme. We also drew on Maternity Action’s research with asylum seeking women, which documented their poor diets and the significant health risks they faced during pregnancy.
In a difficult policy environment, legal cases such as these provided a route to secure vital wins for pregnant women and new mothers.
The first legal challenge led to pregnant women and new mothers in hotels receiving weekly cash payments of £3 and £5. Prior to this, these women were entirely dependent on hotels to provide all meals, snacks and other essentials, despite evidence of gaps in provision. The second case resulted in the Home Office agreeing to increase the additional weekly payments to pregnant women and new mothers by up to £5 per week. In a difficult policy environment, legal cases such as these provided a route to secure vital wins for pregnant women and new mothers.
Working with unions to improve worker conditions
Many low-income women leave their jobs during pregnancy due to unsafe working conditions. In our report, Unsafe and Unsupported, we documented widespread bad practice by employers and the barriers to challenging this. Working with the TUC, we influenced the Health and Safety Executive to substantially revise the guidance. Rather than describing individual risk assessments for pregnant women and breastfeeding mothers as ‘good practice', the HSE guidance now requires employers to undertake an individual risk assessment as standard.
The upcoming General Election offers opportunities to secure commitments for change.
To make effective use of this change in guidance, Maternity Action partnered with the TUC to develop a resource pack for unions on health and safety for pregnant women and new mothers. We worked with four unions to produce customised versions of the resource pack to address the needs of pregnant women and new mothers in specific industries.
Campaigning against charges for NHS maternity care
Charging vulnerable migrant women for NHS maternity care deters women from attending for care, increasing the risk of serious complications and maternal deaths. The Royal College of Midwives and the Royal College of Obstetricians and Gynaecologists have issued statements critical of maternity charging. Maternity Action is working with both colleges to update to our guidance for NHS Trusts aimed at increasing access to maternity care for women affecting by charging.
NHS debts are reported to the Home Office, impacting on immigration applications and free movement. Maternity Action became aware that women with NHS debts were being detained when returning to the UK. We helped identify suitable claimants and contributed a witness statement to a successful High Court challenge to this practice, overturning an unwritten Home Office policy.
Cost of living crisis
The rapid rise in the cost of living has not been matched by increases in wages, maternity pay and benefits. The flat rate of maternity pay is equivalent to 47% of the National Living Wage and 37% of women’s median weekly earnings. This has left increasing numbers of women in serious financial difficulties during maternity leave.
The rapid rise in the cost of living has not been matched by increases in wages, maternity pay and benefits.
Our report, A Perfect Storm, documented the impact of the cost of living crisis on pregnant women and new mothers. We’re working with Unison to campaign for the flat rate of maternity pay to be doubled, aligning with the minimum wage for a 35-hour week.
Opportunities ahead
The upcoming General Election offers opportunities to secure commitments for change. In particular, the Labour commitments on insecure work open up debate about better protecting pregnant women and new parents in a changing labour market.