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Would this be discriminatory?

4 replies

HorseMum91 · 06/01/2020 21:38

A space has opened on the board at work that I would like to be considered for.
I have a strong chance of being selected having (amongst other things) worked for the company for 10yrs.

The only other person to show interest in this is less suitable for the position for various reasons (albeit in my opinion).

The only thing to go against me is I’m due to go on maternity leave in 5 weeks.

Would it be discriminatory to favour the other person solely due to my absence for the next 9 months ?
Would it be unreasonable for me to challenge the decision if I felt the decision was based on this alone ?

OP posts:
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veeboo · 06/01/2020 21:45

Yes it would be discriminatory. No it would not be unreasonable to challenge on those grounds but you'd need to prove it which may be difficult.

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Coughy4u · 07/01/2020 04:43

Yes it would be, speak to ACAS.

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ElluesPichulobu · 07/01/2020 05:38

yes it would be discriminatory. apply, be enthusiastic and demonstrate your suitability in the selection process. if they ask any question related to maternity during the selection process, look confused, pause a few seconds then reply "I don't see how that is relevant, please could you explain what bearing this will have on your decision before I answer?" and write down what they say. if you don't get chosen that will be evidence.

how often do these opportunities come up? you will have a stronger case if they are very rare. if there is likely to be a similar opportunity within a few months of your return from Mat Leave then less so.

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Dyrne · 07/01/2020 11:36

Go for it! It might even work too far in your favour and the company will wheel you out at every opportunity to show how amazingly family friendly and flexible they are to work for Grin

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