Pregnancy and Maternity

The Equality Act

Pregnancy and maternity are one of nine protected characteristics under the Equality Act.

Under the Equality Act 2010 you must not be discriminated against during the protected period because:

• of your pregnancy, or,
• because of illness suffered by you as a result of your pregnancy,
• you are a woman on compulsory maternity leave,
• you are exercising or seeking to exercise your right to ordinary or additional maternity leave.

The Equality Act also protects you from discrimination from when you become pregnant until:

• your right to maternity leave ends and you return to work, or,
• if you do not have the right to maternity leave, 2 weeks after the child is born.

This period is called the protected period.

Pregnancy and maternity

Pregnancy is the condition of being pregnant or expecting a baby while maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth and includes treating an individual unfavourably because they are breastfeeding. Maternity leave may also be referred to as maternity/pregnancy leave.

Breastfeeding

Many working mothers face difficulties in their academic careers while breastfeeding. We appreciate that many individuals will experience breastfeeding and that this is typically assumed to be cis-women in what is considered to be a feminine role. It is important to remember that this can also apply to non-binary people or trans-men. Breastfeeding can be strenuous and time-consuming, and many mothers need a comfortable place to feed and express their milk in privacy. When mothers, who are breastfeeding, are away from their babies, they will need to pump their milk every few hours to relieve the pressure and ensure that they continue to produce milk. Once expressed, it must be kept cold if the mother wants to keep the milk to feed it to the baby.

In an article, one mother shares their experiences of breastfeeding, and discusses the support that would have helped them navigate parenthood and working as an early-career academic. With the right support, breastfeeding does not need to be a barrier in career progression. For example, some ways to support a mother who has returned to work after having a baby include:

• identifying suitable rooms for breastfeeding,
• being supportive and understanding of the time it takes to express and feed,
• providing resources to a mother who needs to travel and are currently breastfeeding.

Discrimination

In the UK, it is illegal to discriminate against someone, or treat them unfairly, because they are pregnant, breastfeeding or have recently given birth. Pregnancy is the condition of being pregnant or expecting a baby, whereas maternity refers to the period after the birth. There are specific time limits for the protection against pregnancy and maternity discrimination. If someone is discriminated against after a certain time limit, this would be considered sex discrimination. You can read more about pregnancy and maternity discrimination online.

Although there are laws to protect mothers from pregnancy and maternity discrimination, working parents are affected by unfair treatment and harassment in the workplace. A research report (with 3254 respondents) found that 77% of mothers said they had experienced negative or possibly discriminatory behaviour during pregnancy, maternity leave, and/or on return from maternity leave. 20% said they experienced harassment or negative comments related to pregnancy or flexible working from their employer or colleague. For a workplace to be truly inclusive, the challenges working parents face must be recognised. Especially in the light of the COVID-19 pandemic, working mothers have been affected disproportionately balancing work with caring responsibilities.

Mothers and leadership biases

Individuals can also face the pressure to be ‘perfect’ mothers whilst maintaining their career ambitions and have good work outcomes. This can also lead to increased stress and parental burnout. This may be due to the societal pressures that prescribe women to prioritise family over work.

Biases around the competency of women exist in the workplace, especially for leadership positions. As explored in the section about Gender as a protected characteristic, women are seen as less competent and not having the right dispositions to succeed in leadership positions. This belief is further heightened when they become a mother.

Research has found that there is even less social status placed on women in the workplace who are mothers, compared to women who are not mothers. This bias affects women’s work performance evaluations and the perceptions of their suitability for leadership positions, regardless of their qualifications, experience, and capability. However, the bias of caregiving does not extend as much to individuals who are fathers. Fathers in the workplace who are known as a parent, or a caregiver are not perceived to be low performers. This kind of bias has been given a name, which is maternal wall bias.

Impact of the maternal wall bias

The assumptions people make about working mothers can negatively impact their career trajectory. For example, overlooking a mother for a challenging task, a project that requires travelling, or promotion because you assumed that they don’t have the time or want it.

In a study in 2007, researchers sent fictitious job applications to employers. All applications were of similar quality, but some made references to children and parent-teacher associations. The researchers found that women who didn’t have children were two times more likely to be called for an interview, compared to the similarly qualified mothers. Undergraduate students were also asked to look at the same applications and make recommendations. 47% of mothers were recommended for hire, compared to 84% of the female applicants who didn’t have children. The mothers were rated as being less competent and committed, and would have been offered $11,000 less in starting salary. This shows how our biases can have real-life impact. Whilst working mothers face a ‘wall’ of bias, there are ways in which you can push back and role model good behaviour.

Career breaks and flexible working

There are a lot of published reports and papers evidencing the impact of parenting on career progression in academia and professional research, and particularly the impact on women. For example, one study found that after having a baby, 43% of women and 23% of men change fields, transition to part-time work, or leave the workforce entirely. There may be a combination of reasons why parents leave the workforce, in particular mothers. It could be due to motherhood biases slowing down career progression (as explored above), stereotypes, hostile working environments, lack of support after a career break and inflexible working patterns. A healthy work-life balance is necessary for productive, happy team members. Flexible working is a good way to give people freedom to choose when and how they work, and maintain a good work-life balance. It can make academia accessible to parents.

Many parents, in particular new mothers, take career breaks after their maternity period. Academia can be very competitive, so gaps in careers which may result in fewer publications, can contribute to the gender disparity. Research has found that fewer professors, lecturers and researchers at some leading universities are taking maternity leave than in 2010, while at others there has been little or no improvement. The reasons for this can be complex – for example, it can be difficult to take maternity leave on part-time contracts which is the case for 33% of academic women. However, there are several organisations that offer funding and support to returning researchers to support those who have taken career breaks.

What actions can we all take? As a researcher, research enabler or leader in research

• Think and work flexibly. For example, if your colleagues needs to get children to school, arriving for a 9am meeting could be difficult. Being flexible around timing and formats (online/phone call) could be very helpful to your colleagues and reduce their stress, and help them balance work with arranging their childcare.
• Don’t make assumptions about your colleagues. Even if you think you are being thoughtful, it’s best not to assume. Question your own biases actively. Are you assuming a colleague or student may not wish to attend a social event after work because they are a parent?

What additional actions can you take as a leader in research?

• Get to know your team members. Find out what their caring responsibilities are, and how you can support them as a leader. Everyone’s needs are different, so finding out how you can help them will be key to a good working relationship and providing a healthy work/life balance.
• Don’t make assumptions about members of your team. Are you not informing a newly-married female research assistant about a PhD opportunity, as you assume that she may be planning to have children soon?
• Find out about policies and guidelines that will help you support your colleagues. For example, find out where the closest quiet rooms are that could be used for breastfeeding.
• Recognise challenges and experiences. Support colleagues and students in navigating processes and preparing for leave.

Throughout this page we have linked to articles, studies and books which you can explore to increase your understanding of pregnancy and maternity discrimination. You may also wish to check out our page about Allyship to help understand the various ways that we can be an ally to support our colleagues and students.

We recognise that not everyone has the same learning styles, so to complement some of the written information and resources listed throughout this section, below there are a range of video and podcast recommendations to engage with, as well some further research articles that may interest you.

You can also check out our EDI Toolkit Reading List on the library’s EDI page for a summary of books to engage with around the protected characteristics.

There are many resources on the internet to help you understand more about pregnancy and maternity policies, discrimination, and inequality in academia. Here is a selection of resources to get you started.

Blogs and guides

• Guide: Getting back into research after a career break
• UK – Childcare and parenting
• Mama is an Academic

Articles

• It’s Tough Being a Mom in Academia, New Research Confirms
• In Their Own Words: Single Mothers in Academia on What Really Works and What We Need to Know
• COVID-19 and Beyond: Solutions for Academic Mothers
• Yes, I Am Pregnant: A Coda
• As an academic planning for maternity leave, I wish I had more guidance
• Pregnant on the Tenure Track: 12 Lessons Learned
• Returning to academic work after maternity leave
• Returning - Daphne Jackson

Books

• Pregnant Then Screwed: The Truth About the Motherhood Penalty and How to Fix It - Joeli Brearly
• The Motherhood Penalty - Joeli Brearley

Published research studies

• Surviving, but not thriving: the politics of care and the experience of motherhood in academia – Low & Damian Martin, 2019
• The unequal impact of parenthood in academia – Morgan et al., 2021
• Academics’ perceptions of what it means to be both a parent and an academic: perspectives from an English university – Rosewell, 2022
• The pregnancy drop: How teaching evaluations penalize pregnant faculty – Olabisi, 2021
• Early Career Researchers’ Experiences of Post-Maternity and Parental Leave Provision in UK Politics and International Studies Departments: A Heads of Department and Early Career Researcher Survey – Akram and Pflaeger Young, 2020

Videos

• The 'Motherhood Penalty': Supporting Mothers in the Workplace
• Systemic Issues in Academia and its Effect on Motherhood

Podcasts and radio

• Pregnancy discrimination – Anita Brookner – BBC Radio 4

Feeds to follow

@NU_Parents (Twitter)

@NU_Women (Twitter)

Below you will find a list of services and resources available to colleagues and students at Newcastle University. You may find it useful to be aware of these either for yourself or to direct members of your team to.

The Carers’ Network

The Carers' Network offers support to colleagues or PGR students who are carers through informal events, such as lunches. You are a carer if you provide care and support to a relative, partner, child, friend or neighbour who has a disability, health condition, is frail due to old age or is finding it hard to cope for other reasons. You can join the Carers’ Network mailing list by completing the online form.

NU Women

NU Women is a network that is open to all women who work at the University, including PGRs. The network provides a forum for women to share experiences and ideas, provide mutual support for their career development, and to feed into the University issues of concern and interest to women colleagues. It has a very active blog and Twitter feed (@NU_Women), and you can sign up for a fortnightly newsletter of events and activities through their mailing list.

NU Parents Network

NU Parents’ Network aims to build and oversee an interactive and supportive network for parents at Newcastle University, and to be a voice for parents with children of all ages at institutional level, in support of Newcastle University’s vision to become a family friendly centre of excellence. You can also follow their Twitter here (@NU_Parents) and read their blog. To join the Network or to find out more, email NUParents@newcastle.ac.uk. There is an online form to join the mailing list.

Newcastle University Policies

There are a range of policies available on the People Services hub around becoming a parent. The Family Time Policy notes that the University recognises that colleagues of all genders and sexualities can have parenting responsibilities and it aims to support colleagues via a range of family-friendly policies which include:

• Maternity/Pregnancy Policy
• Adoption Policy
• Paternity/Partner Leave Policy
• Shared Parental Leave Policy

Toolkits

There are a variety of toolkits available alongside these policies including a Maternity/Pregnancy Toolkit which brings together information and guidance around the University's Maternity/Pregnancy policy. It has been designed to ensure both colleagues going on maternity leave and their managers are aware of their maternity/pregnancy entitlements and requirements. This is a fantastic resource that summarises the policies and support available.

Returners Support Programme

Newcastle University is committed to supporting the development of colleagues and recognises that returning from extended parental leave (such as maternity leave, adoption leave or shared parental leave) can be a challenging time for many. The Returners' Support Programme (RSP) began in 2017 and was initially designed to provide flexible, tailored support for academics and researchers to reduce the impact of extended leave on the delivery of their activities.

Training courses and workshops

You can access training on the Learning Management System (LMS) that covers the topics of Maternity Leave, Paternity and Adoption Leave and Unpaid and Shared Parental Leave (ncl login required).

Newcastle University Annual EDI Report

Within Newcastle’s ‘Annual EDI Report’, the University reports on the colleague demographic in terms of the nine protected characteristics. For example, within the 2022 report, it notes that 117 of colleagues took maternity leave between the 1st August 2021 and 31st July 2022.