The UK’s largest unions, Unite and Unison, have joined forces with campaigners to demand a review of the current system that penalizes pregnant workers who go on strike by reducing their maternity pay. They are calling on the government to exempt strike days from maternity pay calculations to ensure that new parents are not unfairly affected for exercising their right to industrial action.
Currently, statutory maternity pay and some contractual maternity pay are calculated based on an average of the individual’s earnings in the eight weeks leading up to the 15th week before the due date. This average is lowered if there are missed days due to strikes, jury duty, or sickness, resulting in a significant shortfall in benefits for parents during their maternity leave.
Sharon Graham, general secretary of Unite, described the current rules as “totally immoral” and criticized them as an attempt to undermine the right to strike. She reassured members that Unite would not allow them to be attacked in this way. Similarly, Christina McAnea, general secretary of Unison, emphasized that strike action is a basic human right and that pregnant workers and new mothers should not face a financial penalty for exercising this right.
Campaigners for maternity rights have warned that the current system discourages some workers from participating in strikes, while others are unaware of the negative impact it will have on their maternity pay. Joeli Brearley, founder and CEO of the maternity rights charity Pregnant Then Screwed, called for a change in the law to ensure that pregnant workers still receive maternity benefits despite decreases in earnings due to exceptional circumstances such as industrial action.
In 2021, Pregnant Then Screwed won a legal victory against the government regarding the calculation of self-employed income support during the pandemic, highlighting similarities between the two issues. The impact of strike action on maternity pay disproportionately affects pregnant workers and is perceived as unfair and potentially discriminatory.
The experiences of pregnant workers affected by this issue further highlight the need for change. One woman working in administration at a university explained that she had initially voted for strike action but decided not to participate when she realized it would further reduce her already meager maternity pay. She felt conflicted and faced challenges while working from home during the strikes without revealing her pregnancy.
Despite calls for a change in the law, the government has reaffirmed its position and has no plans to alter the current calculation method for maternity pay. The government argues that the current system provides a representative reflection of a woman’s earnings and ensures a straightforward process for employers.
The refusal to update the system has been met with disappointment and criticism from unions and campaigners. Leeds city council’s deputy leader, Jonathan Pryor, expressed his disappointment and emphasized that the right to strike is fundamental in society, and pregnant women should not be unfairly penalized for exercising this right.
The Department for Work and Pensions has been approached for comment on this issue.
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