Don't keep mum about your rights

Despite the fact that almost 700,000 babies are born in the UK each year, many employers still struggle to treat mothers fairly when they are pregnant and when they return to work. As a result, many women end up badly off financially - accepting demotion, poorer pay and even unfair dismissal. If they knew their rights, however, they might put up more of a fight.

Last April, new rights were introduced - allowing most female employees to extend their six months' maternity leave entitlement to up to a year before returning to the same post. But employment specialist Michael Burd of solicitor Lewis Silkin believes many bosses will struggle to deal with the 'qualitatively different' challenge of a year's absence. 'It's going to be a big issue,' he says. 'Employers will be denying people the right to return and getting themselves into all sorts of trouble.' We will start seeing how employers are responding from April when the first mothers who took a year off begin returning to work.

A lot of discrimination already takes place against pregnant women and new mothers, according to the Maternity Alliance. One problem is that many women do not know their rights. 'The rule of thumb is that you have the right to return to your previous role and the same terms and conditions you enjoyed,' says Rachael Maskell, equal opportunities officer of the union Amicus.

'If the job is still there, the individual does have the right to go back to it,' adds Sarah King, legal officer at Maternity Alliance.

There is a partial get-out for employers, who must reserve the job for the new mother unless this is not 'reasonably practicable'. But Maternity Alliance says this get-out applies only if the job no longer exists, in which case the woman should be offered a very similar role or dismissed following proper procedures, including consultation, seeking alternative work and redundancy pay. If these procedures were not followed, it's likely there would be grounds for discrimination and unfair dismissal claims through an employment tribunal.

Common problems seen by Maternity Alliance include someone being replaced by the person who did the maternity cover or finding that colleagues have been promoted above them. But King says women have strong, clear rights in these situations: 'Often employers say: "We found that it works better with your replacement in the job." Or: "Your replacement is better in the job than you are." That is neither here nor there. The individual does have the right to go back into the job.' Similarly, if colleagues have been promoted over a woman's head in her absence, she has a potential sex discrimination claim if she was not informed about the promotion possibility and invited to go for it too.

There is a fairly easy way of reducing problems, says Burd of Lewis Silkin: 'Most responsible employers have realised that they put themselves in the best possible position by maintaining a communications line with the person who is off.'

If new mothers still receive newsletters and other communications, have the option to do training and discuss arrangements for their return well in advance, the chances of problems developing are much reduced.

Julie Mellor, chair of the Equal Opportunities Commission, advises: 'Any individual can write to their employer, saying they want to be kept in touch - and saying the way they would prefer to do that. When I was in this position, I found it really difficult to take phone calls. But newsletters can help - and access to websites or trade publications.'

On returning to work, mothers also have the right to ask for - though not necessarily to get - a change in their working arrangements, such as part-time working.

And it is not all bad news. Maskell of Amicus says: 'Some employers are fantastic and do all they can.'

· Maternity Alliance advice line: 020 7490 7638; Equal Opportunities Commission: 0845 601 5901