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Legal matters

Maternity discrimination

4 replies

NinkyNonkyPinkyPonk · 13/07/2018 12:07

I am returning to work after my maternity leave and have been on maternity leave since August last year. I was off sick with hyperemesis before that from March. So a total of 17 months off. Not ideal for my employer I know (not that being sick 20 times a day was much fun either).

When having my return to work meeting, my employer said that I could take voluntary redundancy or come back but although they would keep my terms of employment the same, my role doesn't exist in the same way anymore and that they didn't have a new one yet, they probably would in a few months.

I have looked into voluntary redundancy as for various reasons, some time off wouldn't be he worst thing for me. I've seen a solicitor but he says I've been discrimated against, because my role has gone, but they don't have a suitable alternative. He's suggested either counter offering my settlement agreement or considering taking action for discrimination.

Is this right? I was expecting it to be a simple review of my contract and hadn't considered there might be anything suspect about it?

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FusionChefGeoff · 13/07/2018 12:15

If your role is redundant then they need to go through formal redundancy procedures with you first.

Can you access their redundancy policy??

This happened with me, they back tracked massively after an email from a HR specialist but damage was done so I got a payout Smile

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FusionChefGeoff · 13/07/2018 12:17

I would get your solicitor to write a letter outlining that they have not followed procedure and that this gives grounds for tribunal for unfair dismissal or sexual discrimination via maternity.

Then suggest an offer. Make it stupidly high - nothing ventured nothing gained!! We started at a years pay and settled on 3 months with no notice period etc so I just never went back.

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FusionChefGeoff · 13/07/2018 12:17

Oh sorry, that was 3 months EXTRA on top of the company redundancy pay

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NinkyNonkyPinkyPonk · 13/07/2018 13:31

Fab thanks for that.

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