Government cuts: know your rights

Studies show that the current economic climate is having a disproportionate effect on women. There are many reasons for this. Government cuts in funding for childcare have made nursery places more expensive and reduced the availability of cheaper subsidised options and job cuts are biting hard where women make up the majority of the work force (such as the public sector).

If women need to seek credit, a recent report by the IPPR think-tank, which reviewed the lending practices of high street banks, revealed that women are facing discrimination from their banks too. Pregnant women and new mothers on maternity leave are turned down for mortgages and women are being asked about 'family planning' when applying for a loan. Women entrepreneurs are also discriminated against: they are asked for more loan collateral than men, charged higher interest rates and even refused loans entirely. 

So, with problems at every turn, what can you do to protect yourself from the worst effects of the recession? You need to know your rights.

The Equality Act 2010 provides that it is unlawful for a man to be paid more than a woman for the same work, or work of equal value. Equally, if you are refused credit or otherwise discriminated against by a business or service provider, you could claim goods and services discrimination.

If you have a child under the age of 17, or a disabled child under the age of 18, you have the right to apply for flexible working. If viewed supportively by your employer, an application for flexible working can assist your employer by cutting their wage bill and allow you to reduce your childcare costs.

If a redundancy situation arises at work, part-time working legislation provides that you should not be treated any less favourably as a part-time worker than those with comparable full-time positions, unless this treatment can be justified. You have rights to the same consultation and opportunities to apply for alternative employment as a full-time worker.

If you have told your employer you are pregnant, or are on maternity leave when redundancies are being made, as well as having the right to be consulted just like anyone in your office, you should be offered any suitable alternative vacancy without the need to go through a competitive interview process.

If redundancies are announced, seek specific advice on your rights. Currently, you need to have worked for your employer for one year to bring a claim for unfair dismissal and for two years to claim a redundancy payment, although this is likely to become two years for both claims from April next year.

To protect yourself, consider joining your Trade Union and check if your home contents insurance would cover your legal fees for an employment claim. You may even wish to take out insurance against losing your job.

If problems do arise in your work place and you think that you have been treated unfairly, your first step should be to submit a grievance, a questionnaire under the Equality Act, or to ask for written reasons under the part-time workers legislation. Many people are afraid to do this in case it draws negative attention to them. However , it is unlawful for your employer to dismiss you or subject you to detrimental treatment because you have taken one of these steps .

To bring a claim you need to act quickly. The deadline for most claims related to discrimination or employment is just under three months. The exceptions are equal pay claims and claims of discrimination by a business or service provider where there is a six month deadline.

After this deadline has passed, your employer will have far less incentive to reach a settlement with you. Most employment problems can be solved through communication or negotiation, however negotiations do not extend the time limit for bringing a claim.

Be prepared for the worst. If you do so you will be able to provide positive suggestions to your employer and take a stronger line in negotiations, secure in the knowledge that you have the best protection possible.

Gemma Murray is a solicitor in the employment team at Russell Jones & Walker