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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Settlement figure for maternity discrimination?

83 replies

GoldieLocks09 · 03/07/2024 20:36

I’m due to take part in a ‘without prejudice’ meeting with my employer in the coming days. Ultimately my position at the company is no longer there and they have not followed recent maternity laws as they:

  1. have offered me a job that is not suitable at all (lower level, much less senior)
  2. told me I can apply for a more senior position (but backhandedly told me I wouldn’t get it)
  3. made the decision 9 months ago when I first went off and have only just told me
and there’s a few other things but I don’t want to be too outing..

I think both myself and the company know the outcome and that there will be a settlement. My question is how much should I push for?

I earn approx £120k OTE (bonus & basic salary), have already lined up childcare and paid a 6 month deposit, missed out on my annual bonus last year because they didn’t pay me it as I was on maternity leave, been there 6.5yrs and have a 3 month notice period. AIBU to go for a full years salary plus bonus and my notice period?

Can anyone share examples of what they’ve received as a settlement (or a friend of a friend, etc?) or how I’d go about calculating it. I’m aware I could get more taking them to a tribunal but for ease & the ability to get passed this awful period I’d rather just settle but for as much as I can?

OP posts:
TWmover · 03/07/2024 21:33

Honestly, push back the meeting and get an employment lawyer ASAP and do the meeting with them or get them to do it without you and cone back to you with the offers. They will entirely outweigh their costs in their involvement in what you end up settling upon and on the speed of settlement. Not to mention knowing exactly where you stand in terms of how lawfully you are being treated and the correct language and laws to quote. I have been through similar and didn't want to be heavy handed or appear difficult so started all the conversations myself, got treated terribly until I got a lawyer, then there was a considerable shift. Good luck and don't be rushed into agreeing anything!

Duh · 03/07/2024 21:22

Ultimately my position at the company is no longer there

Why do they say it is no longer there? Would it no longer be there irrespective of whether you were on maternity leave I.e have there been a number of redundancies/a restructure? Would they have made you redundant last year but did not because you were on maternity leave?

Or do they just want rid of you because you had a baby?

In the nicest way OP you earn enough money to pay a solicitor to give you informed expert advice and I suggest you do so sooner rather than later.

But in short if you think you will get 15 months pay I think you are likely overreaching.

SleepingMermaid · 03/07/2024 21:17

I've recently been through a similar situation, not pregnancy related but other grievances and settled for 6 months salary and 6 months bonus, works out at roughly a year's salary in total, which I am happy with. Also get good leaver status for share options.

My company has enhanced redundancy and usually pays 1 month salary per year worked, which is much more generous than the statutory 1 week pay per year worked

Callmemummynotmaaa · 03/07/2024 20:58

OP I can’t speak to settlements but in case you haven’t already contacted them ACAS and pregnant than screwed were both really helpful for me, when experiencing pregnancy related workplace discrimination. Can’t imagine how stressful this has been for you. Hope you have some support over the next few weeks to see your case through x

AreYouBrandNew · 03/07/2024 20:50

Did you have enhanced mat leave pay?

do you have any non compete/exclusions in your contract?

how much is bonus worth?

di you have any share options?

I think unlikely to get a year plus notice plus bonus.

id say 9 months pay would be a good out come with full tax free ex gratia mopped up. Bonus on top if you can. Don’t pay back any enhanced mat pay. Remove all non compete so you can work as soon as you want. all pension contribution paid

thinkfast · 03/07/2024 20:42

I'd push for returning to the same job and let them make you an offer OP, otherwise you're negotiating against yourself.

When considering their offer, don't forget to factor in the value of pension and other benefits. Also, compensation for injury to feelings. Plus add in the bad publicity factor if you have to bring a claim. Seek legal advice asap.

Do some research and find out how long you're likely to be out of work for and whether a new job would be at the same salary and go from there.

BlueMum16 · 03/07/2024 20:41

So are they making you redundant? Is it a big employer with enhanced redundancy terms?

We get one month for every year to a max of 12 or statutory redundancy (usually a week or every year) plus notice period.

They owe you last year's bonus. It's discrimination not to pay it. We get full bonus during mat leave.

Check out what is tax free or not? I believe the first 30k of redundancy is tax free. Not sure if settlement agreements are taxable completely?

Good luck.

Decorhate · 03/07/2024 20:39

As a starting point I’d have a look at the company’s redundancy policy and see what you would be entitled to if you had been made compulsorily redundant.

I had similar happen to me many moons ago & eventually did get a year’s salary - but our redundancy scheme was generous and that is what I’d have been entitled to if I’d been made redundant. Not sure if many companies would give this now.