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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Asking to be made redundant instead of going down the maternity discrimination route? Advice needed!

248 replies

Poppysmummy92 · 15/02/2022 20:51

Hello!

Some back story -

I joined my employer in December 2020. In January 2021 I told my manager I was 20 weeks pregnant and after that it went VERY downhill. My manager left unexpectedly and didn’t tell anyone, so for weeks I was trying to find out what I was meant to be doing and who I was reporting to as at the time it was a 100% WFH environment so I was completely on my own. I didn’t really get any contact from anyone until March 2021 when I finally was given a stand in manager who swiftly hired my maternity cover and I went on maternity leave in April 2021. In October 2021 I had an email saying they had appointed a new manager and he would be in touch but I didn’t hear anything. In November 2021 I emailed my contact and said could someone please contact me as I was due back in January 2022 and I had no idea who my manager was and what I was coming back too but nobody replied. In December 2021 I raised a formal complaint with HR as I genuinely believe as soon as I told my employer I was pregnant they wrote me off, and the communication since I’ve been off has been shocking.

So anyway, fast forward to today and the new manager has finally been in touch. He was prompted off the back of my grievance! He called and said he was sorry and he would look at options for my return and look into the grievance. I didn’t have any review meetings during my time at the company so I’ve never been given the opportunity to tell anyone that the job is not for me and it’s not something I want to return to and I told the new manager I wasn’t keen to return. Again, he has vanished and isn’t replying to my emails!

I get the feeling he is waiting for me to get fed up and resign. But I want some sort of compensation for the stress they put me under and their incredibly poor practice. I really want to ask them to make me redundant, but is that even possible?!

I’m just wondering if anyone had any advice on what I can do. The grievance route will be very very long winded, I work in employee relations I know the process to an extent. I just want to make it easier for everyone and leave, but not empty handed!

Any advice I’d be forever grateful this is causing me daily stress!!

OP posts:

LadyCleathStuart · 15/02/2022 21:25

Surely if you work in HR you’d know that?

Yeah I don't believe for a second that you work for HR, if you did you would know full well that you can't ask for redundancy.

edwinbear · 15/02/2022 21:26

www.gov.uk/redundancy-your-rights/redundancy-pay

Once you’ve been there 2 years, you’ll qualify for a weeks pay, per full year you’ve worked there (I’ve made an assumption about your age). So given you’ve not been there 2 years, you won’t qualify.

Original poster

Poppysmummy92 · 15/02/2022 21:29

To give an example to those who obviously need it - my old manager sent a message to a group channel instead of directly to her manager saying “it’s all I need, she’s going to do fuck all now she’s pregnant” and I saw it.

So yes, I do in fact have a case, I’m not just whining because they didn’t contact me enough.

I’m not going to comment anymore on it, I will just keep an eye out for helpful replies not those who are jumping the gun without knowing the full story

OP posts:

jelly79 · 15/02/2022 21:29

So you won't qualify for statutory redundancy pay with so much little tenure. And it will be very difficult to negotiate redundancy if your role is there to go back to.

Maybe a settlement agreement if you feel there are grounds of discrimination. What are the examples? What type of compensation are you hoping for?

IceandIndigo · 15/02/2022 21:29

@Poppysmummy92

I’m not asking for legal advice, I know the legal side I am trained in HR and work on grievances for a living! I’m just asking if anyone has ever suggested redundancy without redundancies happening in the business or if anyone has any advice on maternity discrimination as it’s not an area I’m that clued up with. All of my knowledge is on bullying type cases. I am not a money grabber I just know employee rights and from my experience in the company there has been multiple occasions where they’ve preached contact.

Please save your anger my post is not worth the energy!

You say you don’t want legal advice but the questions you are asking are legal questions. For an employment situation to be redundancy, or discrimination, it has to align with the relevant definition defined in law. Your situation doesn’t meet the legal criteria for redundancy, and you haven’t provided any information to suggest there has been maternity discrimination.

LadyCleathStuart · 15/02/2022 21:30

@Poppysmummy92

So yes, I do in fact have a case, I’m not just whining because they didn’t contact me enough.

I’m not going to comment anymore on it, I will just keep an eye out for helpful replies not those who are jumping the gun without knowing the full story

and you have waited until now to do something about this? have you kept it as evidence?

Frankly this just whiffs of someone who doesn't want to back to work after maternity (which is fine!) but needs someone to finance it.

GoBrookeYourself · 15/02/2022 21:33

@Poppysmummy92

So yes, I do in fact have a case, I’m not just whining because they didn’t contact me enough.

I’m not going to comment anymore on it, I will just keep an eye out for helpful replies not those who are jumping the gun without knowing the full story

A couple of questions (and I’m not jumping down your throat here, genuinely trying to work this out).

If that happened, with your original manager, why are you waiting until now to raise a grievance?

If that happened, why would you post quite a long original post but not mention such a vital part of what happened?

Neighneigh · 15/02/2022 21:33

Tbh I think the replies here just aren't what you want to read, but if you do want to pursue it I'd speak to Maternity Action. But I'm really not sure whether it's worth the stress. For the sake of like a week's wages I'd rather cut my losses and concentrate on a new role

RunningFromInsanity · 15/02/2022 21:33

I will just keep an eye out for helpful replies not those who are jumping the gun without knowing the full story
That’s because you asked people to comment without telling the full story.

The examples in your OP are not maternity discrimination, and people commented such.
Your drip feed follow up example potentially could be discrimination so the opinions will then be different.

To quote a popular MN saying - you sound like hard work.

SnackSizeRaisin · 15/02/2022 21:33

Surely you didn't qualify for maternity leave either, as you weren't working there at the time you became pregnant?

Twizbe · 15/02/2022 21:34

That text is pretty damming. Did you take a screen shot of it.

However that alone isn't enough. They have a job for you to return to. The lack of comms could be a much bigger issue around staffing levels and backfilling empty roles.

The communication on maternity leave isn't perfect, but companies often prefer to contact less than more as they get accused of 'hounding'.

Personally, if you don't like the job just leave and find something new. For 5 months of actual work, it's not worth the hassle.

Original poster

Poppysmummy92 · 15/02/2022 21:37

Last comment!! I haven’t waited until now to say something, my old manager left shortly after she sent that message so I was told I couldn’t really do much about it as that individual case was against her and she wasn’t in the company to defend herself. I’m not asking for advice about maternity discrimination, I know I have a case, I have one open with the organisation. I’m asking quite simply if anyone knew of anything I could do that would mean we didn’t have to go down the lengthy grievance route. The settlement some have suggested sounds good so I think I’ll do some research and go with that as I agree redundancy isn’t the best route.

OP posts:

Brett239 · 15/02/2022 21:39

If you don't want the job, quit. Why would you be entitled to a "payout"???!

VodselForDinner · 15/02/2022 21:40

I was due back in January 2022… fast forward to today and the new manager has finally been in touch. He was prompted off the back of my grievance! He called and said he was sorry and he would look at options for my return

So did you go back in January or not?

Honestly, I think you’re an utter chancer. You’re complaining that you weren’t contacted about management changes while you were on mat leave? You’re complaining about lack of review meetings due to the fact that you haven’t been in work?

I’ve never been given the opportunity to tell anyone that the job is not for me and it’s not something I want to return to

Then resign. You don’t need to have a conversation with anyone to determine that you don’t want to be there. You don’t need their permission to leave.

nanbread · 15/02/2022 21:40

I think you need to file your maternity discrimination complaint within 3 months of the discrimination happening so unless you did it already I think you've missed that boat.

Sometimes it's best just to pick your battles and cut your losses.

What's the advantage to you being made redundant instead of just quitting? You won't get a pay out and it sounds like you've been paid to do virtually nothing anyway and haven't returned to your job as agreed, albeit it's not clear whether that's on you or on them?

Twizbe · 15/02/2022 21:41

@Poppysmummy92

Ok, no need to get so upset. You've not given us the full picture to help properly.

In short - you can't ask to be made redundant if the role is still there to be filled. Only possible in the case of a mass restructure when voluntary redundancy is offered to avoid compulsory redundancy.

You could say you're willing to just resign and see if they will close the case with a settlement BUT as you've been there for such a short amount of time and that the person you feel discriminated against you has now left and you didn't push the issue at the time ... you don't have a leg to stand on.

Seriously, just be like Elsa and let it go.

MintyFreshBreath · 15/02/2022 21:43

I agree with the people saying you sound grabby. You’ve already said the job isn’t for you, you’ve had maternity pay, are you really that bothered about a lengthy fight for a few quid? Just move on. It’ll be far less stressful in the long run.

nanbread · 15/02/2022 21:45

you literally asked "if anyone has any advice on maternity discrimination"

Then a few posts later "I’m not asking for advice about maternity discrimination"

Er...?

That aside, why is it important to you to get a payout?

Chishnfips · 15/02/2022 21:46

I think what you're asking for is a settlement agreement which you can do but your employer doesn't have to agree to it.

TheSecretaryBird · 15/02/2022 21:46

You have a case for discrimination so could you raise a formal grievance and then head down the ‘without prejudice’ route for a settlement agreement, with a view to going to employment tribunal if SA doesn’t work out?

Figgygal · 15/02/2022 21:46

I am so confused
Your role isnt redundant even if it was you dont have sufficient service for a redundancy payment so why do you think its an option?
Why haven't you returned to work?
Just quit and move on

jelly79 · 15/02/2022 21:46

I am really keen to understand how much compensation are you looking to settle to compensate your stress?

And have you been signed off with sickness since your return date? Is this work related stress?

Original poster

Poppysmummy92 · 15/02/2022 21:47

This is exactly what I needed, thank you! I didn’t think of the settlement route.

OP posts:

Wannakisstheteacher · 15/02/2022 21:47

If they wrote you off it’s because you told them a month in that you were 20 weeks pregnant. If you’d wanted a solid relationship you’d have been honest with them from the start.

Antsinmypantsneedtodance · 15/02/2022 21:51

It does sound like there has been some discrimination. However the onus is on you to prove it and bring a case for them to answer. You need advice from an employment specialist. Ime these things aren't easy and can take years to go anywhere..even settling outside any offical proceedings isnt going to be simple and would need legal advice on how to approach it. Another thing to consider is, is it a form of constructive dismissal. But again you need to look into this and consider the options.

You've raised a grievance but also told them you dont want to go back as you don't like the role? Bit of a silly mistake there. If they've made mistakes they're not really going to care when you've openly told them you don't want to work there. It does quite honestly sound money grabbing.

You aren't eligble for redundancy as the post has not been made redundant. Personally in your situation I'd cut my losses and just leave, find a new job. Get them to pay you any leave outstanding and move on. What does fighting achieve? What does a tiny payout you'll fight for ages for achieve? It's hard to not fight but actually think about it and what damage you're doing to yourself for minimal gain (speaking from experience).

Yes they may be wrong but know they're wrong and move forward. If you sound money grabbing to a bunch of strangers on the internet, HR and anyone else will probably think the same.

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