possible discrimination while on ML - any advice? (Also posted in Legal)

(4 Posts)
rubberducky24 Thu 04-Jul-13 08:42:25

Hoping that someone may be able to offer some advice before I speak to CAB. I am due to return to work after maternity leave next month. I submitted a flexible work request which has been rejected. I thought this would happen so won't be pursuing this further. I have however got 33 days' worth of accrued holiday to use. I have asked to take this over the remainder of the year, so I have either 1 or 2 days off per week, so in effect I will have what was requested on my FWA but will use my holiday to do this. My employer has said no to this, they want me to use it in bulk and delay my return to work date.

I am only the second person to return to work after maternity, and the other person did this very thing last year.

We also moved offices when I was on ML. My old office was a 10 min walk away and new office is an hour walk away. My team were all given a parking space due to the nature of the work we do and the hours we work, however I have been advised that as I will only be doing 9-5 and no overtime I will not be eligible for a space. The waiting list for parking is at least 3 years.

However... my colleague who returned from maternity last year also does 9-5 and was given a parking space.

Am I being discriminated against for being on ML? Should I pursue this further? Any advice gratefully appreciated.

flowery Thu 04-Jul-13 14:22:52

Firstly there's nothing wrong with your employer requiring you to use your holiday in bulk. It makes sense doing that after mat leave and if they can't accommodate your part time request for business reasons, the same reasons would be why they can't approve your holiday request for those days.

Whether the reason you don't have a parking space is because you took maternity leave, hmm, not sure.

If the waiting list is 3 years long, presumably most people who just do 9-5 don't have a space, not just you?

Do you have any reason to think that if you hadn't taken maternity leave you would have been allocated a parking space?

rubberducky24 Thu 04-Jul-13 19:10:13

Thanks Flowery. I understand why they don't want me to use my holiday to go part time for the rest of the year, what gets me down is that this was no problem for her even though our jobs/grades are the same.

Most people who do 9-5 won't have a space, it depends on seniority and length of service. I have been with the company 2 years longer than her. I would have been given a space if not on ML as the whole team were given allocated parking, some of whom have only been with the company 1 year so would be way down the list otherwise

flowery Thu 04-Jul-13 22:14:08

Try not to focus on one person.

If you would have been allocated a parking space had you been in the office then that's what to focus on. You can't be treated less favourably because of your mat leave so if you would have been entitled to one, you still should be- someone else could of course be allocated it on a temporary basis while you were away on mat leave.

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