Some law firms display an ‘utterly shocking’ lack of knowledge about the law relating to pregnancy, it was claimed last week after a poll showing widespread ignorance among employers generally.

Research by the Equal Opportunities Commission – part of its ongoing investigation into pregnancy discrimination – found that although most employers are positive about pregnancy in the workplace, more than a quarter were unable to name a single statutory entitlement for pregnant women.


It said this was more likely to be the case in small workplaces, those with a mostly male workforce or an even gender split, and those in which there had not been a pregnancy in the previous three years.


David Appleton, an employment partner at City firm Lewis Silkin – which often acts in cases involving law firms – said that among the larger, ‘sophisticated’ law firms, ‘the HR function has a pretty good knowledge of maternity legislation and the staff have a pretty good knowledge too’.


However, he said there is a ‘massive difference’ at smaller practices. ‘Sometimes the lack of knowledge is utterly shocking,’ he maintained, although he added that some firms simply ‘want to play fast and loose with the law’.


He said discrimination ‘is prevalent to a surprising degree given they’ve got a knowledge of the law – it’s a mixture of ignorance and arrogance’.


His views were echoed by Helen Mason, principal of specialist employment firm Mason & Co in Derbyshire, who also acts in cases involving law firms. She said that while small companies will often seek advice because they know nothing of the law, the ‘arrogance’ of lawyers at small firms – even when they have no employment law speciality or an HR function – means they do not.


She said law firms are ‘not very well clued up’ on issues relating to women returning to work after birth, in particular, especially flexible arrangements, with firms failing to see beyond entrenched ways of working.


Ms Mason added that many solicitors are reluctant to take cases to tribunals because they fear the consequences for their careers.

Similarly, she said they are forced to take ‘on the chin’ inappropriate or insulting comments from male solicitors.