Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Demoted after maternity leave

165 replies

Maisy313 · 03/11/2015 19:33

I've been back about 6 weeks, we are a small team in a big very well known corporation. Our boss is going on maternity leave, my colleague who was on the same level as me will be replacing her (all fine) but the person who was my junior and stepped up on my maternity leave to my position is now going to be deputy (promotion not an advertised position), the most junior person on the team is also being given a promotion. So all in all I'm the only person on the team not to get a pay rise or a promotion. All former appraisals have been great, never had any bad comments. Was told today by boss that they were just doing the best thing for the team. I want to hand in notice but literally can't afford to until I find something new, feel so sick. I was told that I was a valued member and they did appreciate me but that's just how things are.

OP posts:
Nottodaythankyouorever · 03/11/2015 21:45

That is wrong from a motivational and legal stand point.

Motivational maybe not sure about legally.

Are you saying that someone junior should never be promoted over someone above them? If so I know of plenty of case where this has happened.

Mumoftwoyoungkids · 03/11/2015 21:45

I'm not sure if what they have done is actually illegal or if they have juuuuuussssssstttt managed to remain on the right side of the law. And I don't think anyone else can be either. (Unless an employment lawyer and even then there will be relevant details you haven't shared.)

The one thing I remember from when Dh was illegally made redundant was that the solicitor told us "they are allowed to make stupid decisions, but they have to follow the correct process to do so".

Ok - options. Not advising you to do any of the below but worth thinking about.....

  1. Member of a union or got legal protection on your house insurance? You may be able to get free legal advice.
  2. You can pay for legal advice. But it will be really expensive.
  3. But if you take a company to an employ,net tribunal you probably can't work there any more (as a minimum it would be miserable!) so although good to find out options don't rush in.
  4. Ask for a meeting with your boss. Make her justify the decision. Maybe point out that effectively demoting people on maternity leave is not a precedent she wants to set.
  5. Look for another job.
  6. (And Xenia will have me eaten by a dragon or for this but...) You are not actually losing pay or benefits so just make the most of now being "junior". just get on with your job, let someone else have all the hassle of being "senior". And always leave on time. Other people are paid more to stay late.....
DisappointedOne · 03/11/2015 21:48

I'm not sure if what they have done is actually illegal or if they have juuuuuussssssstttt managed to remain on the right side of the law. And I don't think anyone else can be either. (Unless an employment lawyer and even then there will be relevant details you haven't shared.)

Absolutely. I'm an HR professional and would need far more detail before being able to give a view as to whether anything discriminatory has happened. On the face of it, it may not have. The maternity trump card only really comes into play in redundancy situations. The rest of the time it's not hard to work around it.

sparechange · 03/11/2015 21:51

Want2b
Why should she have automatically been considered for the promoted role? If she hadn't expressed any interest in it, hadn't requested a career progression track in any appraisals and hadn't been performing as well as the other person over the medium term, there is no obligation to hold an internal interview process.

For all we know, the promoted junior could have spent the last 3 years on a management fast track, supported by management with a view to getting them to this role within a certain time frame. Every single large organisation will have these schemes, and they are to promote the best performing junior team members. They aren't a team programme to drag everyone along. It is perfectly acceptable and plausible that the junior gets a descrete and separate career track, regardless of the reproductive plans of colleagues.

Hatethis22 · 03/11/2015 21:57

How could she express interest in it if she didn't know about it Hmm

Viviennemary · 03/11/2015 22:00

But you can appeal if you feel you have been discriminated against and treated unfairly if you haven't been considered for a job or given the opportunity to apply. She could take out a grievance saying discrimination because she was on leave. Whether this is advisable or not in the grand scheme of things is another question.

Original poster
Maisy313 · 03/11/2015 22:03

I didn't know the promotion was available, I wasn't invited to any meetings regarding these changes, all my appraisals have been excellent, my boss spent the meeting telling me how valued I am but that it was bad timing Hmm

OP posts:
MrRobot · 03/11/2015 22:06

Did you have any 'keeping in touch' meetings whilst you were on maternity leave OP?

DisappointedOne · 03/11/2015 22:08

When were these decisions made? Before or after you returned?

DisappointedOne · 03/11/2015 22:08

Have you returned on different terms (part time etc)?

DisappointedOne · 03/11/2015 22:12

OP would only have had automatic entitlement to be considered if it were a redundancy situation.

Original poster
Maisy313 · 03/11/2015 22:14

I'm not sure when they were made, I'll ask that tomorrow. Wasn't thinking straight today. I've returned same hours as before - full time apart but with one day from home a week. I had a couple of keeping in touch days... Evidently not enough!

OP posts:
Boosiehs · 03/11/2015 22:16

I would definitely get some legal advice. Btw am a solicitor but this isn't my specialist area.

However if the boss was using words like 'bad timing' or making reference to your being on mat leave as a reason the others were favoured I would say it seems like a prima facie discrimination.

Also you seem to have been demoted. Will your work change now you are effectively at the bottom of the pile?

Sex discrimination should be raised, and look for your companies grievance policy.

You can also do a data subject access request (costs £10) to get copies of all emails and elec records concerning the promotions and why you weren't considered.

Bubblesinthesummer · 03/11/2015 22:19

full time apart but with one day from home a week

Could it be that your one day from home makes you unsuitable for the other roles?

2rebecca · 03/11/2015 22:19

How long were you on maternity leave for? That can affect things as you do become deskilled when not working and people tend to forget about you.
I agree it's not a demotion just not a promotion. I can understand you feeling disgruntled but think long maternity leave isn't the bonus for women many expect.

DisappointedOne · 03/11/2015 22:20

The SAR won't give any details about why others were given promotions/moves, only anything relating to the OP.

OllyBJolly · 03/11/2015 22:21

I don't see anything illegal or discriminatory in what the OP has described. Companies can and do restructure all the time. There is no requirement to advertise positions. There is no demotion; she is returning to the role she left.

It's not helpful to encourage the OP to seek legal advice and complain and put herself through a whole pile of stress. She has protected employment rights because of length of service so the best advice would be to stay put, make the best of it, and look out for other opportunities if promotion is the goal. If all these changes have happened in 6 or 12 month maternity leave then it's a fast changing business. Other opportunities and changes will arise soon.

OP - do not take this personally. This probably is about the company, no reflection on you AT ALL.

Boosiehs · 03/11/2015 22:22

No, but will give her info if she was considered and rejected. Or,if no consideration, why not?

DisappointedOne · 03/11/2015 22:25

Or she may not have been mentioned at all. And unless meetings were minutes, there's nothing to say any paper or electronic records exist.

sparechange · 03/11/2015 22:26

OP, if you have never asked in any appraisal when or how you get promoted, that might the answer to your question of why you haven't been...

I'm sorry, but someone who has managed to get 2 promotions within a year is going to be a lot more proactive and tenacious than someone who hadn't even asked if ther was any possibility of a promotion in the future.

It is total sour grapes to bregrudge them success if they've been making an effort to go after it, especially when you haven't been able or willing to.

Seeyounearertime · 03/11/2015 22:27

So you've returned and they've allowed you one day working from home?
Doesn't that kind of negate the argument that they've disadvantaged you as they've actually accomodated your new mother hood?

I believe, but don't quote me, they only have to have you back at the same position with the same terms.if the position no longer exist they have to make provision to give as similar position as possible.

Effectively your employers seem to have done more than they were obliged too?

Or am I missing something?

Minisoksmakehardwork · 03/11/2015 22:32

If it's anything like my (old, government) job, if you took 6 months off, you would go back to exactly the same grade. If you had 9 months off, they simply had to offer you a job. It might not be the same grade as when you left.

In reality no one was demoted. But it was always an option. However, you should have been offered the opportunity to go for promotion regardless of your maternity leave.

stopfuckingshoutingatme · 03/11/2015 22:32

I don't think you have been demoted either . Unfortunately mat leave can set your career back - majorly and this is what you are experiencing . Compound that without ur competitive sounding team and it's even worse .

Try not to take personally and patience OP - been there for the t shirt twice . Your star will shine again

Boosiehs · 03/11/2015 22:35

Jeebus I am shocked that so many women seem to just accept that shitty treatment is par for the course.

I would recommend no win no fee consultation to at least explore the issues.

stopfuckingshoutingatme · 03/11/2015 22:40

Really ? All that stress and legal expense - you can't really get promoted when you are not there . Maybe I am more pragmatic but I can't see op would be served in the longer run. Take your money , take your day at home and assess do t go in guns blazing just yet !