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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Being pushed to resign after return from mat leave

28 replies

Jelly04 · 02/03/2020 22:43

Has anyone experienced similar? Any recommendations for a good Lawyer, ideally helping working mums. I would like to get some legal advice?

OP posts:
AnotherEmma · 02/03/2020 22:46

maternityaction.org.uk/advice-line/

DrManhattan · 02/03/2020 22:47

Are you in a union? I would start with acas website and see what your rights are etc.
I have been treated really badly when I returned to work about 10 years ago. In the end it worked out fine but not without taking steps to put in a formal grievance and legal papers about breaking the law etc. Good luck. It's a bit of an endurance test so keep positive xx

jimmyhill · 02/03/2020 22:48

In the first instance, speak to ACAS. Speak to your union if you are in one. Join one of you are not.

How and why are you being "pushed to resign"?

nodogz · 02/03/2020 22:54

It happens. Happened to me after maternity and after I got seriously ill. Just lawyer up and try and achieve a settlement.

The system is shit, it's institutionally weighted against women regardless of previous performance or talent. It's not you it's them.

I hope you come out on top. This doesn't define you.

Giraffey1 · 02/03/2020 22:58

Talk to Citizens Advice.

PapayaCoconut · 02/03/2020 22:58

In the first instance, speak to ACAS

They'll just refer you to the maternity action adviceline so you may as well go straight to them.

Summer8900 · 02/03/2020 23:02

Pregnant then screwed. Looked them up online

Jelly04 · 02/03/2020 23:05

I have had some time off as sick leave due to serious health condition, unfortunately it's ongoing as I am waiting for treatment but I'm back at work. They are saying my effectivity has slipped and I am being given a set time to improve this (before my treatment) or I can accept an offer to leave now. I'm basically a pain and they want me to go.

OP posts:
AnotherEmma · 02/03/2020 23:05

Citizens advice might be able to tell you about local law clinics and options for free/low cost employment law advice. But they will only give very general information about the issue. Best to contact maternity action.

A union will help if you're already a member but if you're not, joining one now is very much locking the stable door after the horse has bolted. Could be worth it for the future but won't help now.

Jelly04 · 02/03/2020 23:05

I'm not in a union unfortunately.

OP posts:
AnotherEmma · 02/03/2020 23:07

Cross post. So it's about sickness and not necessarily maternity discrimination.

rosiejaune · 02/03/2020 23:17

pregnantthenscrewed.com/

Jelly04 · 02/03/2020 23:28

Well both really. They have been trying to get rid of me since I returned from mat leave, making return very difficult, not allowing any flexibility although many other mums have various agreements in place, difficult workloads etc. I think my sick leave is their way out.

OP posts:
gokartdillydilly · 02/03/2020 23:32

Do you have legal cover on your house insurance? They will assign you a solicitor/barrister, and pay for your costs in the unlikely event you don't win. They will advise if you have a case too. Mine were excellent! It's a tough ride, but don't give up. We women must not allow them to bully us out of our jobs. Call sex discrimination, breach of contract, and bullying in the workplace. Good luck OP x

Jelly04 · 02/03/2020 23:37

Ah I didn't think of that, thank you I will check. There is a definite pattern to their behaviour towards me since I was pregnant.

OP posts:
Tbhf · 03/03/2020 08:06

So you returned to work, requested flexible working whilst having periods sickness (nothing to do with childcare) and it was denied?

You've had high periods of sickness which is leading to (reading between the lines) some sort of formal action. As it is an ongoing issue, I would suggest you go to occupational health and get a report that will then suggest they make reasonable adjustments due to your health.

Claiming that this is due to your return from maternity leave is giving all other women on mat leave/returning from may leave a bad name when it is nothing to do with that l, but in fact your health.

Ryantrain · 03/03/2020 08:10

It sounds due to your sickness not maternity. They dont have to accept flexible requests.

MarchDaffs · 03/03/2020 08:28

OP is unlikely to be well served by listening to half arsed attempts at legal advice from people who have read a few sentences and for some reason decided to draw a conclusion on that basis.

Maternity Action and any legal cover on your home are a good place to start OP. If you don't have a case, best to get confirmation of that from someone who has had full instructions and knows the law.

Bezalelle · 03/03/2020 08:38

Join your union.

Ryantrain · 03/03/2020 08:49

Your union may only help if you were a member at the time of the issue.

Robuns · 03/03/2020 08:54

Do you have an occupational health team at work?

ChicCroissant · 03/03/2020 08:57

If they have a sickness absence policy and are following it, then they may be able to dismiss you. Check the policy. Do they have an Occupational Health service?

I did wonder straight away whether you'd been turned down for flexible working tbh - it's not a given that every employer will change your hours after maternity leave so I would be very wary of bringing that into anything. Focus on the sickness, as they are.

ChazsBrilliantAttitude · 03/03/2020 09:13

You need proper advice. Depending on the nature of your long term condition then you may start to move in to disability territory and so ask about that.

Pull together records of everything. Dates, times, emails etc. Make sure you have copies of all the relevant policies, maternity, sickness, flexible working etc.

This may not be maternity discrimination depending on the timeline, the nature of your illness, when decisions were made by them e.g. how long you have been back in work.

If other women haven’t experienced the same and have been granted flexible working then sex discrimination will be difficult to show too.

Speak to Maternity Alliance or ACAS and think about the result you want.

BeHereNowx32 · 03/03/2020 09:19

@Jelly04 not sure if this is discrimination, but I am due to return from maternity leVe soon. I asked to work part time and this had been refused. I am only able to go back full time, and I am the only member of staff to ever have been refused part time hours. Which is now causing me a lot of stress.
I spoke to citizens advice, and they told me I could appeal, but didn’t give me any solid reasons to back up the appeal. So, I feel stuck.