Is this a little bit off? (sorry long)

[gothgirl77]

Had my annual review with new line manager the other day - I'm currently pregnant with first DC and due to go on maternity leave in April.
360 review came out as an 'excellent' grade but I got an overall rating of 'average', which was a bit surprising because the 360 review is supposed to make up the complete grade. LM (who I barely see most of the time as I'm contracted out to client assignments) then spent the review telling me:

a) I should 'consider where my priorities lie' in deciding whether or not to take maternity leave
b) if I did decide to take maternity leave in 2010 (er, can't really defer it for a year..) I would get a 'below average' rating as I wouldn't be able to perform 'to standard'. Unfortunately, anyone with a 'below average' rating is automatically out of the door as they're trying to cut jobs all over the place in my firm.

He's also my department head and has given me extra management responsibilities, making me an LM but has not promoted me to management grade (and no pay rise either, but that goes without saying..). He said there was 'no point in investing in me when I was considering maternity leave in 2010' but that he'd given me the extra responsibility because the role was high profile and he needed to show the junior women in the department that he 'valued diversity' - my being pregnant was a great way to show that not only a woman but one who was expecting a baby could be a manager in his group..
There aren't many women in the department at all, and I'm the only one in the management tier (but the only one in the management tier who isn't at management grade, IYSWIM).

Not sure if this is an AIBU, but it seems a bit off to tell me I should seriously consider whether or not to take maternity leave at all - and the extra responsibility smacks a bit of 'I'm not promoting you, but I want to look as if I have to meet my diversity targets'? Does this sound dodgy to anyone else or am I just being hormonal?

[fanjolina]

That is completely discriminatory

Hopefully someone with legal employment knowledge should come along and be able to advise you how to take this further. But in the meantime, I would document what was said to you. And def plan to take it further.

[chaosisawayoflife]

Absolutely outrageous and illegal. You are definitely well within your rights to speak to an employment lawyer on this, or union if you have one, and it is clear-cut sexual discrimination.

[WidowWadman]

I'd raise a grievance. That's absolutely outrageous.

[SazzlesOnASled]

Outrageous. It sounds like you work in a similar office to me (male dominated etc etc) and i got an excellent grading for a year which was partly ML

Do not 'agree' to your grade this year if you believe you should have a grade based on your 360 and raise it with a higher level manager or HR if that is not satisfactory

Document everything

Do not consider not taking ML - Do what is best for you and your family

Hope all works out for you

[peacocks]

A bit off? It's illegal. Can't believe he was so open about it! Write it all down he will deny it. But it will make a marker for your grade next year they will be very careful about not discriminating if you raise the issue now.

[SparkleandShine]

see if you can get him to put it in writing, I'd say things like

"I think we need a bit on here to explain why my review is average this year not excellent"

"can we also put in that my review is going to be below average next year due to mat leave?"

keep it very non confrontational (act like you agree with it to put him off his guard then get him to sign it

Separately see if you can get him to put your management thing into writing (this will be more tricky) you may have to write if for him. Maybe say something like "my DH thinks I'm getting a pay rise and he doesn't believe me that I'm not can you do me a letter setting out my new responsibilities and the fact I'm not getting a rise?"

Just do it a bit at a time.

I have to say I have been in this situation and I think unfortunately he has already decided to sack you if you take time off, you need to think about how to prove what is happening and record every conversation with a date and time.

Just so you know once I realised what was happening to me I got my boss to write a letter that effectively said "I am demoting you 5 grades because you are part time and have children" and walked away at the end of the day with money. It's not nice but you need to work at covering your back now.

[greentea72]

Agree you really do need to raise a grievance now. If you don't then you are accepting what he has said, it is very unlikely he will put anything in writing that may potentiallly drop himself in it. Check your companies grievance and equal oppertunities policies carefully, and ensure you adhere to them. Raise each point carefully and at this stage put your case reasonably, remember you do have additional protection when on maternity leave, he is probably tryingto get around this, by suggesting you don't take the full amount of leave.

[SparkleandShine]

I wouldn't raise a grievance until you have made sure you can't get him to put anything in writing... My boss did and he was a graduate educated director of a large company. He did it because he thought he was right he was a big cheese in the company and he could do what he liked!

[gothgirl77]

Thanks so much everyone. I've asked LM to put everything in writing - particularly as up till this year we were all given copies of our reviews and this seems to have gone by the wayside this year.. Just taking things a step at a time at the moment but will let you know what transpires!

[smittenkitten]

Hi gothgirl. Congrats on the pregnancy! first DCs are so exciting!

this is not just a little bit off, it is unlawful sex discrimination. Obviously I don't know you salary or your financial situation, but you can probably get significant compensation for this. From what you have described, there are several clear acts of you suffering a detriment as a result of your pregnancy:

1. telling you that you would get a 'below standard' rating for 2010 as a result of your maternity leave and would therefore be made redundant/dismissed for performance.
2. not giving you the promotion along with the additional responsibilites for the only reason that you are pregnant resulting in financial loss.

these two acts beg the question about the discrepancy in your rating for this year's review, which you haven't said is explicitly linked to your pregnancy. Does the rating impact pay or bonus? in which case you have further financial losses.

Unfortunately, once you start on this course of action, it will only end one way. the company are more than likely to see you as a trouble maker, and you won't want to keep on working for this guy once you raise a complaint, so you need to decide are you prepared to stop working for this company one way or another?

If you do want to pursue this, I would make your own notes of the meeting and other conversations with as much detail as possible - times, dates, location and as much detail about what was said. in your notes, you should record that you are "hurt and offended" by his comments (you can't get injury to feelings compensation if your feelings haven't been hurt). If you have the opportunity to comment on your review documentation, I would allude to the conversation and absolutely refuse to accept the rating. What is the appeals process?

Next step when you've got all your documentation in place is to raise a grievance. DO NOT RESIGN - it puts the company in a much more awkward position if you are still an employee.

depending on the outcome of the grievance procedure, you will then pursue a sex discrim claim through the employment tribunal service.

this is not for the faint hearted, and my advice would be to get as much evidence as you can and see if you can get them to offer a settlement early doors which will include your exit and compensation for loss of role. saves you heartache and legal fees.

Good luck!

[SparkleandShine]

smittenkitten is quite right - it was the hardest thing I've ever done.

I fortunately had some stuff written down by my boss (i got a performance review which was a 'fail' and fortunately had the previous 5 years at 'exceed'! and also a letter 'explaining' my demotion being due to my part time status!!). soon as HR realised what my boss had done they set about paying me off, boss left in situ - I was the one who had to leave

in the end when I was negotiating I was having to go to HR, talk then go back to my desk until they came to the right financial settlement, then I had to walk there and then... twas a bit of a shock for the rest of the department!