To ask if this is maternity discrimination?

[Ohtheaudacity]

I am on maternity leave and due back to work at the end of May. I have a 4yo and 8mo. When I return to work I will have had a full year of mat leave. My pregnancy was uncomplicated but my son fell very poorly at 14 weeks old. He pulled through but is now being investigated for potential cerebral palsy. I had a meeting with my manager in January and explained my personal situation and how my desire now was to reduce my working hours/responsibility (my current role is senior management with a huge workload) to have a better work life balance. They were receptive to this and went away to work on a new position for me in the company in reduced hours/responsibility.

Today I had a further meeting with them where they outlined a new position to fulfil a business need and which suited my needs. I was made aware they had offered my current role to the person who is my maternity cover currently. However, it was then explained that my new role would be on a significantly reduced salary pro-rate, almost £6 an hour less equivalent. I raised a concern that as a woman returning from mat leave I was entitled to either my old job back or a different role on the same pay. They then said in that case I could either have my old role back on my old hours & salary, or accept the new job on the reduced salary (“hourly rate”).

I spoke to ACAS who advised because my employer has verbally offered my current role to someone else, they have effectively brought my current job to an end. As this has happened while I am on maternity leave and they have offered the role to my maternity cover, it could amount to discrimination. ACAS have also advised me that verbal job offers and acceptances are legally binding. My employer is therefore obliged to offer me a job on similar terms than I was on before as they have effectively brought my current job to an end.

Does this sound right? I don’t want to raise hell unless I have to as I work for a small company and I’ve been there for 15 years. I’d really appreciate any advice and will answer any questions. Thank you.

@Crimesean

You can't surely have thought you'd continue on your senior management salary with less hours/responsibility?!

What a shite comment. Most decent employers will allow senior management/senior leaders to go part time for a while if it means retaining them - kids are only tiny for a while. I'm in senior leadership and would always try to balance the needs of the business with the needs of employees - it leads to happier, more loyal staff and greater productivity (as well as being the right thing to do morally).

Part time means your salary is pro-rata, NOT being moved to a lower pay grade.

Maybe take a moment to read the OP then, where she says she asked to reduce responsibility AND hours

But @Crimesean it doesn't appear that OP wants to do the same job part time, they mention reduced responsibility and the company creating them a new role. In which case it isn't just their existing salary pro-rata, it's a completely different role with a different salary. I don't think it's shitty to suggest that somebody wanting a role with less responsibility will be paid less per hour than a role with more responsibility.

Highly recommend calling the Pregnant then Screwed legal advice line (it's free) for proper guidance.

But it sounds like they would only have discriminated if they confirm they have removed your opportunity to return to your old job. If they allow you to return to your old job, they may have an issue with the person they've verbally offered the role to, but that would be separate and not your issue to resolve.

Did you ask about flexible working for your old role? Look up the statutory process for making a flexible working request on the ACAS website - there are only very specific reasons they could refuse a flexible working request. Flexible working might include a job share for example which may achieve the aims of reduced working hours and responsibility without a cut in hourly pay.

You asked for less responsibility and hours. Did you expect to keep your salary pro rata?

How about the other people in the lesser role - should they do the same job for less money!

No. It's not discrimination - they offered you your old job back.

And no, the fact that they offered a role to someone else is irrelevant. That is not your problem. For all you know they plan to have you both in the role.

I'm all for equality but you sound entitled.

@Ohtheaudacity

Thanks everyone, I think my main issue is they’ve verbally offered my job to my maternity cover before offering me a viable alternative. Can they now rescind this offer from her and reinstate me into my old job? Doesn’t that leave them in hot water with her? Sorry if I sound clueless, it’s because I am 😂

Potentially for them, this could be an issue if you then reject their offer and ask for your old job back. This doesn't impact your offer or mean you have been discriminated against though.

You asked for reduced hours and reduced responsibility. That comes with reduced pay. Its hard to say if £6 per hour is a big reduction. If you were £16 down to £10 then it might seem unreasonable but if its £40 down to £34 its less so.

They've offered tou your old job back.

Even if they have offered it to her, if you say that you want it then they'll just give her something else.

Your job is there if you want it.

They do not need to give you a job on the same pay level if you go and say, "I dont want that job and I want a role with fewers hours and responsibility."

You're asking them to give you another role with fewers hours. They dont have one for you. They're creating one but because of the nature of the role, it doesnt pay as much.

They're required to give you your job back or offer you a role at the same level and pay. They did that. You dont want it. You've asked for a reduced role. That means a pay cut.

So OP do you want less responsibility of not I'm not clear? Less responsibility would imply less remuneration.

*fewer not fewers
Dont know why and s keeps getting added!

I'm confused.. Did you expect a role with less responsibility but for the same pay?

Iraised a concern that as a woman returning from mat leave I was entitled to either my old job back or a different role on the same pay

This isn't exactly right. They need to ensure if your pre maternity role isn't available (not because they've given it to someone else!) isn't available then they need to offer you a role with the same T&C. As you requested a different role, with less responsibility, they aren't discriminating against you. They are doing as you requested.

If they had said that you could go part time in your old role but the hourly rate would be reduced, that would be discrimination. But that's not what they've done.

If they are happy for you to go back to your old role then I can't see how you'd move forward with a discrimination claim.

ACAS has given you good advice.

As @Littlegoth says, your employer has made a mess giving your job to someone else.

You asked for a job with less hours/responsibility. This is confusing for your employer. Doing the same job and reducing hours is one thing and your hourly rate should not change. Reducing responsibilities is changing to a job that may attract a lower rate of pay I.e. lower grade.

You need to be clear do you want to reduce hours or reduce responsibility or both. If it’s both, your employer has not been unreasonable in offering you a lower paid role as this is what you asked for.

@Ohtheaudacity

Thanks everyone, I think my main issue is they’ve verbally offered my job to my maternity cover before offering me a viable alternative. Can they now rescind this offer from her and reinstate me into my old job? Doesn’t that leave them in hot water with her? Sorry if I sound clueless, it’s because I am 😂

Yes they can give her notice to withdraw the offer. Might cost them a bit of notice period / pay in lire of but do-able. If there less than 2 years she won't have the length of service to have unfair dismissal rights so they don't have to follow a process, just pay so not in breach of contract. Besides is not your problem if they are in hot water with her.

Yes they can offer you an alternative role at a different salary if it's substantially different and it was initiated by you.
If you choose not to take it you have the option of your old job to return to, and can request part time hours on that - unclear if you considered that/suggested that?

Don't trust ACAS - the call centre people read from scripts and are usually not legally trained. If you need legal advice speak to an employment lawyer (not a generalist solicitor).

@Merryoldgoat

I don’t really see how this is discrimination?

You can have your job back

You want a job with less work and responsibility - surely you’d expect a lower salary in that case?

Was your expectation that you’d get a job with less work but the same money?

This. Not everything we don't like is us being discriminated against. OP- you're quite right that you have to be offered your original job or an equivalently paid one- but the job itself has to be equivalently weighted.

Have they offered your maternity cover your role? Or said if baconroll12 doesn’t want to come back to this role would you be interested
That’s very different. Ultimately do you want your old job back or not? If you’d rather take your old role whilst you look for another role they have to give you your role back or equivalent.
But as others have said get proper advice rather than us randomers

I raised a concern that as a woman returning from mat leave I was entitled to either my old job back or a different role on the same pay.

Um, but you specifically approached them to ask for a new role with reduced responsibilities? You didn't actually think they'd pay you the same in a more junior role?

You asked for a new role with reduced responsibilities, they found you one (created one?) - turning round and kicking off at them doesn't seem wise.

They're not screwing you over, you asked them for a new role!

The part time aspect is entirely separate.

@Ohtheaudacity

Thanks everyone, I think my main issue is they’ve verbally offered my job to my maternity cover before offering me a viable alternative. Can they now rescind this offer from her and reinstate me into my old job? Doesn’t that leave them in hot water with her? Sorry if I sound clueless, it’s because I am 😂

Yes, they can rescind her offer without repercussions. At least, no legal ones.

This happend to me. I took legal action with a successful outcome. You need an employment lawyer. Please get one.

OP you have posted this same problem on the employment issues board but stated you have asked for less responsibility. Why are now changing the narrative?

@Crimesean

You can't surely have thought you'd continue on your senior management salary with less hours/responsibility?!

What a shite comment. Most decent employers will allow senior management/senior leaders to go part time for a while if it means retaining them - kids are only tiny for a while. I'm in senior leadership and would always try to balance the needs of the business with the needs of employees - it leads to happier, more loyal staff and greater productivity (as well as being the right thing to do morally).

Part time means your salary is pro-rata, NOT being moved to a lower pay grade.

Have you actually read what the OP expects or are you just firing in with your own 'shite comment'?

Op doesn't want to go part time, she wants a different job, less hours, less responsibility, but her senior management pay.

Lndnmummy If you were successful then your situation had some key differences.

@drpet49

OP you have posted this same problem on the employment issues board but stated you have asked for less responsibility. Why are now changing the narrative?

The OP says

I had a meeting with my manager in January and explained my personal situation and how my desire now was to reduce my working hours/responsibility

@Lndnmummy

You were offered your exact same role back and said no, then asked for a role with less responsibility and fewer hours? They created that role for you but as it is a lesser role, it has lower pay. You complained, were told you could still have your old job back at the same pay as before but you wont a discrimination case?

*won a discrimination case

@Whaleandsnail6

But you were the one who said they didn't want your old job back? You wanted a new position with less hours and responsibility? Which they gave you.

It's my understanding that they didn't offer anyone your old job until they had offered you a new position that you asked for?

I don't see what they have done wrong. you say yourself that your new position is less responsibility, therfore I'd expect it to be less pay and for them to fill your old role.

This.

As the others have said I can’t see what they’ve done wrong if their willing to give you your old role back? Sounds like they’ve tried to be understanding of your circumstances in offering you an alternative role? They might have messed up by trying to sort the situation out from their end of having to replace you by checking whether your cover would accept the position permanently.
I wouldn’t personally feel comfortable going down the road of trying to get them on a technicality just because I could