ASCL’s data suggest that female school leaders are rarely affected by unfair dismissal on the grounds of pregnancy or new motherhood, and only occasionally affected by unfair treatment during pregnancy. It is when they return to work as new mothers, and particularly if they request flexible or part-time working, that they are more likely to be subject to unfair treatment including denial of promotion. 

School leaders also manage employees who become pregnant or become new parents. Rules for fair dismissal must be consistent with school Misconduct policies. We recommend that Capability should not apply for at least 6 months after an agreed return to work date. Where possible, we recommend that new processes are consistent with current rules, in order to mitigate complexity and additional workload for school leaders.

Full response to consultation