Three trainee midwives yesterday won a landmark sex discrimination case establishing rights to maternity pay for thousands of women studying to join the NHS professions.
Clare Fletcher, Shelley Wilkinson and Tracey Parkes took maternity leave during full-time midwifery courses, but were treated as though they had lapsed from their studies. Mrs Fletcher, 41, was asked to repay part of a student bursary. Mrs Wilkinson, 28, had further bursary payments frozen. To avoid similar treatment, Mrs Parkes, 38, continued the course while having her baby, but fell ill from the strain.
An employment appeals tribunal ruled that they were victims of sex discrimination.
Until five years ago student midwives and nurses were treated as trainee employees, with full maternity rights. In an attempt to make qualifications more academic, the courses were upgraded in 2000 and became part of the higher education system.
From then on, trainees were entitled to 60 days of sick leave, but rights to paid maternity leave were withdrawn. The women complained to an employment tribunal last year. It rejected their case, but said: "It is odd that the result of enhancing the academic rigour of midwife training has been that their maternity rights have gone backwards."
The appeal decision was hailed as a breakthrough by the organisations which supported the midwives' case, including the public service union Unison and the Equal Opportunities Commission.
Dave Prentis, general secretary of Unison, said the ruling set a precedent for thousands of women training to join the NHS as midwives, nurses, paramedics and occupational therapists. Trainees in each of these professions relied on student bursaries for support.
"It seems incredible that the government could have allowed a system to continue which persecuted a group of women who were dedicated to providing care to mothers and babies," he said. "You can be sick but not pregnant - what sort of message did that send out?"
The Department of Health said: "We know that family-friendly policies are important in encouraging people, particularly women, to consider a career in the NHS and are absolutely committed to making the NHS a flexible, family-friendly place to work. With this in mind, we are considering the implications of the judgment as a matter of urgency." It was too soon to say whether the department would appeal against the judgment, a spokeswoman added.
