not considered for a promotion whilst on ML

[rochyw]

I hope someone will be able to offer some advice please.

I am currently on ordinary maternity leave since Sept 2009. I have several issues:-

1. My employer has still not written to me with the date that my maternity leave is due to finish and i thought this should have been done within 28 days of me telling them i was pregnant

1. A promotion opportunity that i was suitable for has not been communicated to me and a new person started today in the role. The temp that is covering my role whilst I am on maternity leave was offered the position.

1. Some of my job has been taken from my role and a new employee hired on a permanent basis to take this work on. I was not informed about this.

Where do I stand in this situation. Am I legally able to do anything about this and what are my chances of successfully making a claim against them?

Thank you

[JustAnotherManicMummy]

You can raise a grievance if you want to persue this. But what do you want to achieve? Do you want to be given the opportunity to apply? What do you want to claim?

Have you previously expressed an interest in promotion and how are internal opportunities advertised/communicated usually?

You may have a case for direct sex discrimination (ie all employees in my department offered opportunity to apply for role except me because I was on maternity leave) or indirect sex discrimination if they advertise all internal only vacancies on the company intranet which you can't access while on maternity leave.

They do not need to inform you about how they are allocating your work whilst your on leave (actually none of your business really) as long as your job is there to go back to at the end of ordinary maternity leave. You don't have rights to return to the exact same job (just one of similar or equal standing) if you return after additional maternity leave, unless your contract gives you more rights.

I'd give them a prod about any confirmation of return to work you feel you need... although I don't think they have to do that. You tell them when you write that you're going on mat leave and give them your MATB1 form IIRC.

[flowerybeanbag]

1.They do have to write to you to formally let you know what date your maternity leave ends, yes. I wouldn't go as far as describing this as an 'issue' though, more of a technicality. I would recommend you just drop an email to HR or someone, saying that by your calculations you will be due back on x date, could they please confirm that in writing. I imagine it's been overlooked, which is wrong but not the end of the world.

1. You are entitled to opportunities for promotion where they exist, so if this post would normally be available to you to apply for, yes you should have been informed about it.

1. Agree how your job is covered while you are away is, in the nicest possible way, nothing to do with you. If some of your job has been reallocated elsewhere and a new member of staff is doing the rest, you don't have anything there indicating anything sinister. If you return after 6 months you are entitled to your job back, if you take longer than 6 months off, you are entitled to a suitable job back, and there's nothing so far indicating that will be a problem.

What do you want to do? You could raise a grievance about the promotion opportunity not being communicated to you, but what would you be hoping the outcome would be?

[Missy8c]

I would suggest that if another employee has been taken on and given some of your responsibilities and they are permanent, this might indicate that your job role has changed (if this arrangement continues after your return). If this is the case then I believe you should have been consulted and failure on the employer's part to do so would constitute sexual discrimination. I would check this out.