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.

I may have misunderstood but reads like you want your old salary on reduced responsibility. And reduced hours. It doesn’t work like that. They may have verbally offered your role but that was after conversation you implied you didn’t want that role any longer.

Maybe youve won a “gotcha” moment with them, but please don’t duck them around, it makes it so much harder for other women not to be seen as CF when we get pregnant.

After a year they don't have to give you your old job back it just has to be equivalent.

@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.

This has not been my experience at all. Most places won’t consider anything less than full time for senior management. I’m not saying that’s right but that’s what happens.

@hupfpferd

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.

Agree.

She's taking the mick...

OP there was a very similar case to this in my local area a few years ago. I know about it as it made the paper because it was a high profile local employer. It was woman demoted after asking for part time hours on return from maternity.

Anyway the woman won her maternity discrimination case, as rightly she should have. I would say if ACAS are saying you have a case then you probably do.

So do you expect to go back to work on reduced hours but the same pay?

I’m a head of HR. I agree with what ACAS have advised. Your employer was very unwise to offer someone else your position before a new role had been agreed with you. IMO a tribunal would potentially see this as discrimination, although I think your employer has mitigated this somewhat by now making it clear that you can come back into your previous role (this may put them in hot water with the other employee but that’s a separate matter).

Putting that point aside though, I think what they have offered is reasonable: come back to your previous role on the same terms or agree a new role on different terms, with remuneration commensurate to that role.

the main question is DO YOU WANT LESS RESPONSIBILITY as well as less hours?

If so - then you have not been discriminated against as that is what they have offered

If not - you go back full time and apply for reduced hours / flexible working

What they have or haven't agreed with your maternity cover is between her and them. You can't possibly know the details of that.

From what you've said, I see no evidence of discrimination at all. They have said that you can still go back to your old job on your old salary/old hours. That option is still on the table so clearly there is no discrimination. They have also tried hard to accommodate your request for fewer hours/less responsibility. You can choose whether to accept that offer or not. I have no idea why you seem to have expected to go back with less responsibility but the same pay. It is not discriminatory that they aren't offering that.

It's possible that they may have got themselves into a sticky situation with your maternity cover, or they may have offered it to her provisionally, if you chose not to return. Or they may have an alternative role that they could slot her into on the same level. That isn't your concern, it's up to her to raise an objection if they have treated her unfairly.

What a bonkers and irritating thread.

@LadyCleathStuart

OP there was a very similar case to this in my local area a few years ago. I know about it as it made the paper because it was a high profile local employer. It was woman demoted after asking for part time hours on return from maternity.

Anyway the woman won her maternity discrimination case, as rightly she should have. I would say if ACAS are saying you have a case then you probably do.

Ffs. Here's a case that was completely different to yours and she got a payout so u go girl!!!

@LadyCleathStuart

OP there was a very similar case to this in my local area a few years ago. I know about it as it made the paper because it was a high profile local employer. It was woman demoted after asking for part time hours on return from maternity.

Anyway the woman won her maternity discrimination case, as rightly she should have. I would say if ACAS are saying you have a case then you probably do.

But the OP wasn't just asking for reduced hours, she asked for reduced responsibility. Surely an expectation of reduced pay would go along with that?

Do you want your old job back? Or the new easier less well paid one?

I don't know how ACAS would reach the conclusion that the OP has a case for maternity discrimination when the employer has confirmed that she can have her old job back.

I don't see how this is discrimination. You can have your old job back at your original pay. . I wouldn't have thought a firm job offer would be made to somebody else if you hadnt formally resigned from that job.which I presume you haven't yet. They probably sounded out the cover to find out if she was interested and said the job is hers if you don't want it.

You can’t surely think that it is discrimination to pay less for a role with less responsibility and stress?
Your current role doesn’t answer a business need on a part time basis. They have offered you your original role or a new job which you have requested, involving less hours and less responsibility therefore a different pay grade. That hardly counts as maternity discrimination.

Surely it would only be discrimination if you said “yes ok, I do want my old job back” and they said “whoops, you can’t have it, we’ve offered it to someone else”? As it stands, they’ve offered you your old job, it’s just depending on your deciding if you want to accept it (which it sounds like you don’t anyway?)

You told your employer that you wanted to reduce your hours/responsibility, surely reduced responsibility means reduced pay?

You said you asked for less responsibility, this comes with a lower pay packet. It's not discrimination because you could have your old job

If its been longer than 6 months they don't have to give you the same job back but they do have to find you an equivalent role.

@LadyCleathStuart

She asked for reduced responsibility. Not just sort time work. She wants reduced responsibility.

She has asked for a demotion. Didnt use those words but that is what she has asked for.

Your salary increases as you rise up through your company, and increase your responsibility. If you want to reduce it then you need to take a step downwards. She cannot be paid a senior manager salary when she is doing a role that is below that, as per her own request.

I think given you haven't accepted the new role yet and presuming you haven't handed in your notice or informed them you no longer want to do that job formally then yes, they were wrong to offer the job to someone else and this could be seen as discrimination - however I would think if you brought it up they would most likely just offer it back to you... Not sure of legal standing.

In terms of the new role, the only thing they have to keep available to you is your existing job. They don't have to offer you another job on the same pay.

Speak to maternity action or similar to get solid advice.

It doesn't really leave them in a bad situation with your mat cover if they rescind the offer, presumably they've been there less than 2 years so they could just end her contract.

@nanbread

She did bring it up. They told her that she could still have her old job back. So she clearly didnt tell ACAS that bit. Her old job has not been closed off to her.

They confirmed that she can still have it if she wants it. They would no doubt just offer the maternity cover a sideways move or withdraw the offer. But that's nothing to do with the OP as long as her job is still available, which they have confirmed it is.