Trainee midwives Clare Fletcher, Tracey Parkes and Shelley Wilkinson continued their fight against maternity pay rules yesterday escalating their case to an Employment Appeal Tribunal following a defeat earlier this year.
The three women all had their bursary payments stopped when they took leave to have their babies during their midwife training.
They claim that the refusal of a £6,000 annual Department of Health grant amounts to sexual discrimination.
The trainees’ claim was quashed in April by an Employment Tribunal (ET) who ruled that their claim for sex discrimination was unfounded because they were not officially vocational trainees or employees.
Criticism by the ET was laid upon the decision, however, to withdraw access to the bursary scheme which allowed 60 days’ paid sick leave, but made no maternity provisions.
The appeal is backed by campaigning bodies including Unison, the Equal Opportunities Commission (EOC), The Royal College of Midwives and the Maternity Alliance.
David Prentis, Unison General Secretary said: “We want to see an end to the bursary system and pay not poverty for trainees. It seems ridiculous that when the country is crying out for more midwives, and the NHS is supposed to be committed to family friendly policies, trainees are being penalised for having babies.”
Appellant Clare Fletcher said she hoped the Employment Appeal Tribunal would find in their favour.
”It would be a simple matter for the secretary of state to amend the bursary scheme, so that trainee midwives and their babies are not left suffering financial or emotional hardship.”
Commenting on the case Caroline Slocock, Chief Executive of the EOC referred to the matter as a ‘sad state of affairs’ pointing out the irony of denying paid maternity leave to those who care for mothers and babies.
Slocock also highlighted her concerns for the impact the case might play on the skills gap:
“The issues raised by their case also have a wider relevance. Making it difficult for women to continue with their training when having a baby will do little to tackle skill shortages in the NHS. The NHS simply cannot afford to lose skilled workers in this way,” she said.
The EOC is currently carrying out a statutory investigation into discrimination against pregnant women and new mothers at work.
