To be annoyed my maternity cover has been promoted to be my boss?!

[maybunny]

Whilst on maternity leave my boss moved departments (he is the owners son). I have been at the company for 13 years and they are paying for me to become a qualified accountant. My boss has always said he is training me up for his job.
Whilst on maternity leave I get an email saying they are creating a new position to replace him and I am invited to apply. When i said I was interested he acted very surprised and tried to put me off saying how much more responsibility it would be. He did meet me for lunch with his dad (the owner of the business) where they got drunk, asked me what my husband did for a living, whether I had a mortgage and if I was planning on having any more children. They also told me at this 'interview' what the job entailed, but were very vague and just kept saying 'I can't really explain it very well'.
I got a call a few weeks later to say I didn't get the job as they didn't think I was ready for it yet.
A couple of days later a colleague (one of my staff that manage) tells me via Facebook that my maternity cover got the promotion - She had not been in contact with me before so I got the feeling the other people who report to me had been talking and thought someone should tell me!
I now have to go back and report to my maternity cover as my boss and feel humiliated and disappointed about this. I feel discriminated against as I suspect they offered her the job a lot earlier than I think as they got cover for her within a week, and when I met with her regarding my return to work she hinted that she had been doing the job since march!

When you say that 'they don't pay maternity pay' do you mean that they don't pay you Statutory Maternity Pay? You are legally entitled to this as an employee and they absolutely MUST pay it....it is up to them whether they pay anything on top.

If you didn't receive anything then I would strongly recommend you contact ACAS for advice as you may be able to claim the SMP retroactively. Did they advise you of your rights before you went on Maternity Leave?

I agree with other posters here that this sounds like an extremely unprofessional setup to me and longer term it may be in your interest to get out of it what you can (ie your qualification) then look around for something better. You are probably best not relying on them to further your career and certainly owe them nothing in terms of loyalty etc.

This has just happened to me. I spent three years doing a great job before I left for maternity leave, but the opportunity for recognition never came up. As soon as go back, they create a new role and just give it to my maternity cover - no recruitment process or anything.

I am looking for another job. It sucks doesn't it?

No sorry, I did get smp, I just meant I don't get any extra topped up like many companies offer, so if I were to have another baby it wouldn't be like they are paying my wage to me whilst on mat leave.

shit happens I am afriad, it sounds like that they have a fairly low opinion of people that "fuck off" and have babies

I agree with bochead, smile, dont kick off, and work your little heart out when you get back. In parallel look for another job

lets hope the maternity cover/boss is not that great!!!

But you're being loyal and they're not rewarding your loyalty are they? :( FWIW in a similar situation I was awarded compensation.

BUT as Sancerre says, you may be better off swallowing your pride, allowing them to finish paying for your ACA and then taking your qualifications to another job where you get maternity pay

OP YADNBU. It is more than likely that you have been discriminated against by virtue of your pregnancy or maternity. Pregnancy and maternity are directly protected under the Equality Act 2010 (hence the gender of your mat cover being irrelevant). Its also unhelpful for posters to say your cover may be better qualified. If that is the case your employer should have no difficulty in demonstrating that. I would think it unlikely however that they can do so objectively as it does not appear that a fair or unbiased recruitment process took place. The questions that you were asked are highly inappropriate and strongly indicate that your maternity was an issue.

Maternity Action has an advice line and guidance on your employment rights. There is plenty of guidance on the net if you search for it. I always think its important that you understand your rights even if you decide not to pursue the matter (which is a decision only you can make). I would also suggest that you write down everything that has happened and has been said so you can remember it clearly

Ultimately its up to you to decide what to do but it would be worth considering the wider picture - for example are you required to remain with your employer for a period of time following completion of your quals? Would you be looking to move posts sooner rather than later. Remember you only have 3 months in most circumstances to bring an employment claim so once this has expired there will be nothing you can do to enforce your rights.

It is also quite common for people to have legal expenses insurance under their house or car insurance policies and if you are even considering taking this further you should check as if you have the insurance you may well get funding to pursue a case if the insurer thinks you have more than a 50% chance of success. Many solicitors will also give you a free 30 min meeting to discuss a case which you may also want to consider.

As I said above what you do is up to you and the sad reality is that in small companies in particular if you speak up or rock the boat they can make your life miserable and taking further action can be time consuming and stressful. However knowledge is power and its worth spending time to properly understand your position.

Best of luck and congratulations on the arrival of your LO.

You havent been 'discriminated against' unless they cut your pay or withhold company wide bonusses etc. You still have a role to go back to, on the same money.

Its a hard fact to swallow, but the maternity cover is obvioiusly excellent at her job if she impressed so quickly. She got the job on her merits, not at your expense.

Look for another job - your contribution to the company isnt as valued as you thought it was. When your boss said he was training you up for his job, did it happen to coincide with him asking you to work overtime for free, or him turning down your request for a pay rise? He sounds like a shit boss TBH.

YANBU as they have abrogated a verbal understanding you had been led to. Sadly it happens all the time,especially in small companies.

As to discrimination, it is probably occurring but none is really provable yet. I would hold them to that accounting training as it makes you more attractive in the jobs market, and if they don't then you probably could nail them on discrimination given what has already happened.

Also, when you go back try and build up a more detailed case file on the discrimination going on, so that if push comes to shove you have a good case.

HTH

No I think she may have been discriminated against in having potentially had promotion withheld from her which she would otherwise have gained, but for her maternity leave. Of course there is not enough info to determine this - the person selected may indeed be better qualified and experienced etc - but the 'recruitment and selection process' sounds shambolic.

Was the understanding - that you would be trained for the boss's position - verbal only or was anything ever put in writing (via appraisals, emails etc)? Do they intend to continue to train & actively develop and groom you for promotion on your return to work? Is the training you are receiving 'on the job' or an external training course only?

Just coming back to the issue of Statutory Maternity Pay: I am not clear from your above post if you really received nothing: if so,then this seems totally wrong. Provided you qualify due to employee status, average earnings etc then you are automatically entitled to SMP. This is a LOT of money - money that you might be legally entitled to - that you are losing out on; money that could pay for your accountancy training course outright without any of the strings attached when the company pays. (If I misunderstood & you meant that the company does not pay anything above SMP then that of course is different).

Of course you don't have to take it further if you don't want to & I wouldn't presume to tell you what you should do: you need to do what you are comfortable with & what you judge best for you in your situation. But as other posters have pointed out, it is good to be aware of your rights & make an informed decision. I would agree with Whatmeworry that you could in any case build up a case file (perhaps by keeping a diary, copies of correspondence etc)to log any potential discrimination and any problems you have with them following your return to work; as they sound such an unprofessional organisation it is best not to take anything on trust from them.

Tell them to stick their job and look elsewhere, that pays maternity pay if you are serious about another DC. I've been in a similar situation and although it seems the end of the world now, you will look back in a year or so and be glad you took the plunge. My money is crap where I work but they are family friendly and treat all their staff very well, which is worth more than money IMO.

Good luck

maybunny just wanted to say i sympathise with you over this and really hope it doesn't overshadow what's left of your maternity leave. similar happened to me, i went to have my first child and was one of 2 managers over the dept we worked in, was away for 5 months and during that time, unknown to me, the other manager was promoted to above me. yes, she may have been more suitable that me, but the point being i wasn't told about it or offered the opportunity to be considered for the promotion. when i went back to work, no-one mentioned this, cue months of me being left out of meetings, emails etc and basically feeling sidelined without knowing why.

in the end i left when we relocated and rejoiced when handing my notice in, shit firm to work for!

You have absolutely got a case for tribunal.

I knew someone in similar situation who won her case.

I personally wouldn't do it and would look for a new job. B

This is a very real risk for women.

I would put it down to experience and next time, if there is a next time, be more canny. Email boss before you go off reminding him of conversation about taking over in guise of a big 'thank you', keep all correspondence in writing even if light emails, stay in touch - go in for big meetings/decision making (I'm talking every couple of months not every week - maternity leave is maternity leave!).