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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:
Corrag · 15/02/2022 23:07

You're "trained in HR" but it didn't cross your mind that a settlement would be a more appropriate solution than redundancy (when your role isn't redundant and you've worked there for less than 2 years). Come off it OP.

feministqueen · 15/02/2022 23:08

To answer your question @Poppysmummy92 you either ask for a without prejudice conversation with the person holding your grievance hearing (or HR if you have a senior team) or you go through the grievance process. You may have to do the latter before the former.

Are you still on maternity leave? Using your accrued holiday? It sounds like you've been subject to some really poor line management but not discrimination based on what iou have shared. It does sound like you are trying to manipulate the situation for your own means. If that's the case then obv that's your right however you need to think about what's realistic in terms of a settlement

Totalwasteofpaper · 15/02/2022 23:09

@Poppysmummy92

This is exactly what I needed, thank you! I didn’t think of the settlement route.
I know the legal side I am trained in HR and work on grievances for a living

And a settlement didn't occur to you?Confused riiiiiiight....

UnderTheSea20k · 15/02/2022 23:09

I can't imagine this is remotely real because surely nobody in your role could be this ignorant? Get a new job that you like and sort yourself out. This kind of behaviour harms future generations of women in the workplace.

GreenClock · 15/02/2022 23:10

That message on the Teams chat was a disgrace. A very bad start. I would have been dismayed and offended by that.

And they sound hopelessly disorganised.

So I’m not going to criticise you OP. But….it may be best for your well-being if you went to HR to ask for a settlement and accepted whatever they offered rather than going into a stressful confrontational situation that may not be winnable.

Congrats on the baby by the way!

tigger1001 · 15/02/2022 23:11

@Corrag

You're "trained in HR" but it didn't cross your mind that a settlement would be a more appropriate solution than redundancy (when your role isn't redundant and you've worked there for less than 2 years). Come off it OP.
I agree with this. Anyone working in hr will have a basic understanding of redundancy payments and minimum timescales.
mummykel16 · 15/02/2022 23:13

@TicTacHoh

Start a new job, then tell them one month later you are 20 weeks pg. Go off on (presumably) paid maternity leave for 9 months and then tell them you don't want to come back. Wonder what payment they will give you for this....

They were really lucky to have you Confused

Lucky lucky lucky
justasking111 · 15/02/2022 23:14

I thought if you were made redundant the position cannot be filled for some time in case construction dismissal rears its head

TinselTitsAndGlitteryBits · 15/02/2022 23:23

It really is women like this that are actively harming us all career wise.

GreyGoose1980 · 15/02/2022 23:26

You are only entitled to maternity pay after two years service. Appreciate communication on their part has been a bit sporadic with all the changes in line managers. However it seems like you just don’t want to return to a job which is still there and so I’m unclear why you think they’d want to offer you any kind of settlement agreement.

GreyGoose1980 · 15/02/2022 23:27

Sorry that should say redundancy pay not maternity pay!

skodadoda · 15/02/2022 23:27

There are an awful lot of people working in HR who are ‘HR trained’, have only Chartered Institute of Personnel Development, (CIPD) qualification. It isn’t enough. You need to be very up to date with employment law. OP isn’t aware of the settlement solution.

Gardenista · 15/02/2022 23:34

You have behaved really badly towards your employer and it’s women who behave like you who make it harder for the rest of us. You are chancer seeking a payout without any justification. Presumably your employer paid you maternity leave even though you chose not to disclose your pregnancy at the interview which is already shoddy behaviour in your part.
I interviewed for my current role pregnant and disclosed the pregnancy and my wish to take maternity leave at the interview. They held the job open for me and employed a locum to cover my maternity. we started the employer/employee relationship in a transparent and trusting way and my employer knows I am honest.

Gardenista · 15/02/2022 23:35

@TinselTitsAndGlitteryBits

It really is women like this that are actively harming us all career wise.
Completely agree!
Flickflak · 15/02/2022 23:35

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

DrSbaitso · 15/02/2022 23:37

@GreenClock

That message on the Teams chat was a disgrace. A very bad start. I would have been dismayed and offended by that.

And they sound hopelessly disorganised.

So I’m not going to criticise you OP. But….it may be best for your well-being if you went to HR to ask for a settlement and accepted whatever they offered rather than going into a stressful confrontational situation that may not be winnable.

Congrats on the baby by the way!

A settlement for what?
Livelovebehappy · 15/02/2022 23:40

Sorry Op, but you really don’t sound like the brightest. You’re supposed to be HR trained, yet your knowledge on HR practices are distinctly lacking, and to top it all you scupper any possible chance of the firm taking you seriously when you openly tell them you don’t want the job anyway as you’ve decided it’s not for you. I think think it’s best you just resign, take any holiday pay you’ve accrued and move on. You would surely want to spend quality time with your baby (they’re not babies for long) than spend loads of energy on a pointless grievance process?

Chloemol · 15/02/2022 23:42

Why do you want redundancy? You won’t be entitled to any payment as you have been there less than two years

If the job wasn’t for you just resign and move on, why waste energy on it?

Staffy1 · 15/02/2022 23:50

I’m confused. You got upset that no one was contacting you about going back but then say you don’t want to go back. No wonder the manager has disappeared again. It’s not good practice to tell a company a month into employment that you are pregnant as well. I would feel too embarrassed if the majority of the time I had been employed was spent on maternity leave to try and get any sort of compensation or redundancy money.

Fcuk38 · 15/02/2022 23:53

Nonsensical the minute you told them the role wasn’t for you. They won’t be offering you anything just waiting for you to leave of your own accord. You worked for a few months you are dispensable to them.

Anniegetyourgun76 · 15/02/2022 23:54

Redundancy means your job role is no longer needed not your don't like your job so pay me off. You don't qualify for it anyway, you need 2 years service. You took the job knowing you were pregnant and would only work a few months, what do you think they owe you?

SofiaSoFar · 15/02/2022 23:54

I'd tell you to FRO. And when you get there, FO some more.

As many people have already said, you're the reason so many women come up against discrimination and issues with maternity leave.

Motorina · 16/02/2022 00:03

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”

Clearly she shouldn't have said this.

But I'm betting she was right.

Pennox · 16/02/2022 00:06

Why would you go for a job interview when 4 or 5 months pregnant? And then take the job. I wouldn’t have the balls.

I think you should draw a line under the whole sorry affair and move on.

ladydimitrescu · 16/02/2022 00:07

You don't have a case at all - it's laughable.
You can't be made redundant, your role is available, you just don't want it.
The text is irrelevant as it was from an old manager, they aren't employed by the company now, so it's nothing to do with them.
You don't have a claim for maternity discrimination.
You had no intention of returning, I can't see how it's caused you any distress whatsoever- all it did was create an opportunity in your mind to attempt to get money from them.
Don't embarrass yourself any further.

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