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what happens if employer interviews for and allocates new positions, BUT forgets to inform employee on maternity leave?

(11 Posts)
RenderedSpeechless Sun 01-Nov-09 15:38:27

just want to know where employee stands and what options are now. tia,x

EldonAve Sun 01-Nov-09 15:40:20

why did they need to inform the employee?

WidowWadman Sun 01-Nov-09 15:57:55

Because it's discriminatory not to. I'd ring ACAS for options.

bigstripeytiger Sun 01-Nov-09 16:04:41

What was the situation? My employer advertises and fills positions that I could apply for fairly frequently, but they dont tell me, it would be up to me to look for the adverts, so it wouldnt make any difference if I was on maternity leave or not.

RenderedSpeechless Sun 01-Nov-09 16:08:25

my understanding is that employer responsible to notify or send info/publications as available. in my case the vacancies have arisen through restructuring of dept where i work. more senior jobs given to colleagues on same level as me, in unit i work in. i was not informed, now posts have been allocated. maybe i have got his wrong?

EldonAve Sun 01-Nov-09 16:21:26

makes more sense now you have given more info

RenderedSpeechless Sun 01-Nov-09 16:42:49

anyone?, please?

edam Sun 01-Nov-09 16:44:10

sounds wrong – I'd contact the Equalities Commission for more advice.

flowerybeanbag Sun 01-Nov-09 17:32:03

You are entitled to be considered for opportunities for promotion just as if you were at work, so if these jobs would normally have been available to you to apply for, you should have been given that opportunity, yes. See here for details.

RenderedSpeechless Mon 02-Nov-09 09:31:48

thanks for the replies; fbb your link was helpful. but does anyone know how the employer would have to resolve this? or what rights the employee has?

frazzledwatermelon Mon 02-Nov-09 16:04:18

I'd talk to your manager, or your hr/personnel department if you have one to raise the fact that you've not been given the chance to apply for the more senior roles. I'd make a note of what you want to say before you talk to them. Also think about how you would want the situation resolved - e.g. is it enough to let them know you're not happy and receive an explanation/apology? Or would you like them to re-open the selection process if possible to include you too?

They are 'in the wrong' here but it might be hard for them to sort it out at this point if they've already given the jobs out. If you're not happy as a result of that conversation your next step would be to raise a formal grievance - I'd read your company's grievance policy if they have one and talk to ACAS - but only you can decide if it is 'worth it' to you to go down this route.

I hope this is some help, sorry you're in this situation and good luck.

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