The Legal Regulation of Pregnancy and Parenting in the Labour Market
Lead Research Organisation:
University of Reading
Department Name: Sch of Law
Abstract
This research assess relevant literature and empirical data to help deconstruct the legal regulation of pregnancy and parenting in the labour market. The focus of the research is the completion of a book which considers why, despite policy ambitions and ample legislation, law is failing to protect pregnant workers and parents from detrimental treatment in the labour market. The book is divided into 7 chapters as follows:
Chapter 1: Pregnancy, Parenting and the Labour Market: Difficulties and Dilemmas
Outlines the main tenets of the relevant theoretical issues to be addressed and the position to be adopted with regard to them.
Chapter 2: Pregnancy, Parenting and the Labour Market: The Challenges
Considers what current research reveals about (a) the challenges currently facing working parents in the 21st Century, (b) the scope and nature of pregnancy-related conflicts at work and (c) potential reasons for such pregnancy and parenting/workplace relationship difficulties and (d) current options for legal regulation of this area.
Chapter 3: Policy Ambitions
Provides a critique of the policy context highlighting the importance of satisfactorily protecting pregnant workers and new parents in the labour market.
Chapter 4: The Development of a Legal Framework
Outlines the development of the current legal framework. At its core is an assessment of the extent to which the letter of the law is responsible for its inability to relieve the tensions between pregnancy/parenting and the labour market.
Chapter 5: Application of the Law: The Problem with Pregnancy
Focuses on how the legislation is now being applied in Courts and Tribunals. This Chapter, in order not simply to re-echo the critiques of others, focuses on the findings of the Nuffield Foundation funded research conducted by the author as tribunals are an area of extensive litigation and provides an original insight into the application of the law.
Chapter 6: Pregnancy, Parenthood and the Mechanics of the Employment Tribunal System
The ability of the employment tribunal system in the UK to adequately respond to the needs of pregnant women and new parents who feel they have a claim against their employers is explored. Drawing once again on findings from the Nuffield Foundation funded study and including a detailed examination of 'out of time' applications, this chapter explores the role of the mechanics of the tribunal system in the perpetuation of pregnancy discrimination at work.
Chapter 7: The Way Ahead
Considers (a) the implications of this research for current policy directions, (b) how other jurisdictions address the challenges of reconciling pregnancy/parenting and the workplace and (c) options for reform and implications for the employment law framework.
Chapter 1: Pregnancy, Parenting and the Labour Market: Difficulties and Dilemmas
Outlines the main tenets of the relevant theoretical issues to be addressed and the position to be adopted with regard to them.
Chapter 2: Pregnancy, Parenting and the Labour Market: The Challenges
Considers what current research reveals about (a) the challenges currently facing working parents in the 21st Century, (b) the scope and nature of pregnancy-related conflicts at work and (c) potential reasons for such pregnancy and parenting/workplace relationship difficulties and (d) current options for legal regulation of this area.
Chapter 3: Policy Ambitions
Provides a critique of the policy context highlighting the importance of satisfactorily protecting pregnant workers and new parents in the labour market.
Chapter 4: The Development of a Legal Framework
Outlines the development of the current legal framework. At its core is an assessment of the extent to which the letter of the law is responsible for its inability to relieve the tensions between pregnancy/parenting and the labour market.
Chapter 5: Application of the Law: The Problem with Pregnancy
Focuses on how the legislation is now being applied in Courts and Tribunals. This Chapter, in order not simply to re-echo the critiques of others, focuses on the findings of the Nuffield Foundation funded research conducted by the author as tribunals are an area of extensive litigation and provides an original insight into the application of the law.
Chapter 6: Pregnancy, Parenthood and the Mechanics of the Employment Tribunal System
The ability of the employment tribunal system in the UK to adequately respond to the needs of pregnant women and new parents who feel they have a claim against their employers is explored. Drawing once again on findings from the Nuffield Foundation funded study and including a detailed examination of 'out of time' applications, this chapter explores the role of the mechanics of the tribunal system in the perpetuation of pregnancy discrimination at work.
Chapter 7: The Way Ahead
Considers (a) the implications of this research for current policy directions, (b) how other jurisdictions address the challenges of reconciling pregnancy/parenting and the workplace and (c) options for reform and implications for the employment law framework.
Organisations
People |
ORCID iD |
Grace James (Principal Investigator) |
Publications
James, Grace
(2011)
The Legal Regulation of Pregnancy and Parenting in the Labour Market
Description | EHRC/BIS Advisory Group - Pregnancy/maternity related discrimination |
Form Of Engagement Activity | A formal working group, expert panel or dialogue |
Part Of Official Scheme? | Yes |
Geographic Reach | National |
Primary Audience | Policymakers/politicians |
Results and Impact | Ongoing - group discussions regarding methodology and scope of the investigation too early to say |
Year(s) Of Engagement Activity | 2014 |