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Discrimination because of mat leave

(21 Posts)
Penny31 Sat 26-May-18 20:55:09

Hi

I applied for a promotion and didn’t get it due to my lack of experience with people management.

During the feedback my manager said that they had looked at helping me develop My people management skills by changing the structure and have someone report to me. Then they said that they had decided not to bother since I’ll be going on maternity leave in 4 months.

I know could do the job so being rejected is frustrating, but I’m more upset about the obvious discrimination because I’ll be going on mat leave.

Should i be so upset or should I just suck it up?

Lazypuppy Sat 26-May-18 23:38:45

Surely there's no point doing it before you go on leave as then that member of staff will have lots of upheaval as when you leave they'll have to change manager again. They should be offering it to you when you return though.

TittyGolightly Sun 27-May-18 02:20:02

It’s actually quite a reasonable decision.

flumpybear Sun 27-May-18 02:38:16

Sensible decision now but ask that it happen when you come back from mat leave

Grasslands Sun 27-May-18 02:51:45

could you take a course or two via open learning to help develop your managerial skills while on mat leave?

Picklepickle123 Sun 27-May-18 02:53:09

It's a reasonable decision given that it's less than six months. If you are really desperate to get some people management skills, you could discuss what other options are available with your manager

daisychain01 Sun 27-May-18 04:29:26

Bear in mind that discrimination is generally taken to mean that someone is disadvantaged due to a protected characteristic compared to someone without that PC. So in your case, discrimination would involve them giving the promo + direct reports to someone else who didn't have DC or who wasn't pg (this is a broad generalisation but you get the picture).

They have given a common-sense response to the situation. They haven't said never, they have deferred it until you (presumably) return from Mat Leave, so there is continuity.

You could, if you chose, ask them to clarify their intentions about plans for the future, and you may even want to state an intention to return to work, and ask if they can give you some reassurance (eg specific timelines) to signify this is a temporary hold until you return, not a final decision. Gauge how serious they are.

Penny31 Sun 27-May-18 10:58:51

They have given the promo and direct reports to someone else, with no managerial experience.

I was already doing many aspects of the job which will now go to the person who got the promo.

It’s come as a surprise to many of the people I work with. They assumed I would get the promo. I suspect I would have done had I not being going in mat leave. I guess I just have to get on with it!

Thanks for your feedback!

Momo27 Sun 27-May-18 12:10:39

Agree with others, it sounds a reasonable decision for the interests of the business currently. Also if you’re planning to take extended ML (which many people seem to do now, having a year off) then there isn’t an automatic right to return to the exact same position, so it’s possible (if that’s what you end up doing) that restructuring could change things anyway.

flowery Sun 27-May-18 12:47:10

”They have given the promo and direct reports to someone else, with no managerial experience.”

I’m confused. Are you complaining about not getting the promotion in the first place? It sounded from your OP as though they were planning to restructure other staff members specifically to help you develop your management skills, and had decided not to because you are not going to be around. That bit sounds perfectly reasonable tbh. Restructuring other people to develop the management skills of someone who won’t be around makes no sense.

Penny31 Sun 27-May-18 15:59:45

Sorry I’m not being clear. They gave the promo to someone else and when giving me feedback I was told they’d looked at ways to help me develop and because I’m going on leave they decided against it.

I just feel things might have been different if I wasn’t pg but haven’t any proof and is probably my own insecurity.

daisychain01 Sun 27-May-18 17:47:59

If you don't currently have management experience, which invariably involves organisational supervisory skills and knowledge of employment law, then you weren't qualified to do the job, so them giving it to someone else wasn't because you were pg, it was that they needed someone who (a) would be there, present and able to step into the role and (b) had the required capabilities. It wasn't discriminatory.

The fact they are willing to consider you having someone reporting to you to give you exposure to the new skill set involved in people management is a sign they have confidence in you but you will need to be in role not on Mat Leave.

I would see what happens when you return and remind them at that time of your aspirations.

Penny31 Sun 27-May-18 18:54:58

Ok thanks for the advice everyone!

itsbritneybiatch Sun 27-May-18 19:03:34

I think it sounds like a reasonable decision but if you were only off for 6 weeks would it be reasonable then?

Penny31 Sun 27-May-18 20:06:21

They don’t actually know how long I’d be off for. I told them if I was successful I’d be flexible about how long I’d take off

EmpressJewel Sun 27-May-18 23:00:26

I think I understand. There are two issues here.

1) you applied for a promotion, were a strong candidate as you were completing many elements of the role, but they gave the job to another candidate who also didn't have management experience.

2) they were going to restructure to give you the experience, but decided against it as you are going on mat leave.

1) could well be discrimination, if they didn't give you the role because you are going on mat leave. It could be difficult to prove though. Or, it may have been that the other candidate performed better at interview than you did. I have seen it happen before, where the stronger candidate has done a weak interview, but someone else had come along and has really shined in interview.

2) I would accept this as a pragmatic decision, both for you and the company. It would be disruptive to change reporting lines before you go on mat leave.

daisychain01 Mon 28-May-18 06:26:46

OP how do you know for certain that the other candidate didn't have Management experience? They may well have had some supervisory skills from a previous role that tipped the balance in their favour.

Penny31 Mon 28-May-18 08:05:13

@empressjewel thanks for summing that up better than I did.

I know the other candidate really well I know what experience they’ve had.

It’s really bothering me, keeping me awake at night because something just doesn’t feel right. I have had feedback from my manager but not from HR. I think I might note down my concerns and frustrations and ask for their feedback. Is that a good move?

daisychain01 Mon 28-May-18 08:23:52

There is no harm in expressing your concerns if you believe some discrimination took place.

Think about what you feel they ought to have done instead. How do you believe they could have covered the post during your Mat Leave. Sometimes that clarity of thought put to an employer constructively could make them realise that they have treated yo in a way that might be deemed discriminatory.

greendale17 Mon 28-May-18 08:38:22

*They have given the promo and direct reports to someone else, with no managerial experience.*

^Not sure where you work, but in the public sector this is so common

AnxiousKatie Mon 28-May-18 16:21:33

If you were not going on maternity leave, they would have promoted you or given you managerial responsibilities. This is discrimination. Sadly quite common.

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