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.

The other person isnt your lookout. What do you want to happen? Old job or new job?

It's not maternity discrimination. They have said you cab had your old job back.

The fact that they have offered it to your maternity cover is a red herring. Any problems this creates is between your employer and the cover.

@Itsalmostanaccessory I mean if she brought up the fact that it's discrimination with them, to have offered her old job to someone else before she had handed in her notice / agreed to new role.

The point about offering the job is really dependent on how converstations were actually worded.

Did you tell them you absolutely couldn't come back into the same role and hours?

When they offered your replacement the job, was it an actual verbal offer. Or was it 'there's a chance the person you are covering isn't coming back. Would you take the role if She doesnt'

Or if you told them there's no way you could take the role on again, that's what they communicated to her.

You weren't there for the second converstation. So when they say they verbally offered it, it may have had caveats.

They have your role for you, if you want it. You don't. You want less hours and less responsibility. Roles with less responsibility, usually come with less pay. You have requested a change. You haven't just asked for a flexible working agreement. You asked to change roles. They aren't trying to force you to take another role.

They are offering you either the old role back with the same pay and terms or as you requested, a new role with less hours and less responsibility which will mean less pay surely. It’s up to you to decide.
It’s not your problem what they verbally offered your maternity cover, I’m sure before she was employed, she would have been told that if you wish to come back then the role is yours.
You decide what you want and not concern yourself with what they’ve verbally offered someone else, they already told you that you can have the job back so I don’t know what your issue is really.

Wow there’s a lot of comments here and I’ve read them all although can’t reply to everything individually.

For clarification, I am not a chancer. Well I don’t think I am. I really don’t know how these things work and I had read the online literature and spoken to ACAS who had all backed up my feelings of being a bit upset. However I’m looking for as many perspectives as possible which is why I came here. The HR folk who have commented seem to think I am not being unreasonable but many others do… so I’m not really any clearer on what to do. It’s just that they have offered my job to my colleague and although it’s not my problem how they resolve that situation, does that not demonstrate they have a preferred candidate for my job over me?

I do think my feelings are clouded a lot by my sons health situation right now. It’s been rotten. It’s felt like setback after setback and today with my job situation felt like even more bad news.

I apologise if I came across as entitled or lazy, I’m just a mum trying to do right by my family.

If it was the choice between this new role and my old job, financially I would have to accept my old job. Even though my current nursery choice won’t take my son any more due to his physical disability. Id have to find a way to make it work.

And yes, I told ACAS the entire story as written here, every single detail. I tried to call our work HR advice line but they are shut until Monday morning.

You need to make up your mind whether or not you want your old job back. How on earth can your firm move forward if you won't decide. If you want your old job and they give it to your colleague that's discrimination. Have you told them formally you are not returning to your old job.

does that not demonstrate they have a preferred candidate for my job over me?

Who cares? They're not making you apply for it, they've said you can have your old job back.

What do you actually want here? Your old job?

In which case, great, they've told you it's there, problem solved. If you took them to tribunal for "discrimination", what remedy would you be asking for if they've given you your job back.

Or a new job with reduced responsibilities?

In which case, also great, they've created one for you because they want to retain you. But obviously a demotion means a pay cut.

so I’m not really any clearer on what to do

Well do you want to do your old job or do you want the new job?

I don't really understand what you're asking us for at this point. There's nothing to do except decide which job you want - you've got two open to you.

So what were you expecting actually, OP?

Did you think they were going to reduce your responsibility in a new role while paying you the same salary as your old role?

I really don't understand how it is maternity discrimination if they are happy to give you your old job back. How are you being discriminated against exactly?

You can't possibly know what they have or haven't agreed with your maternity cover. That's a completely separate issue because it clearly isn't standing in the way of you going back to your old job if you choose to do so.

You told them you didnt want to return to your old job.
They offered it to someone else. That's what happens when you resign a position. They didnt give it ti her because they like her more and try to stick you somewhere else. They wanted you back in your role. You said no.

You then requested a demotion. You want fewer hours and less responsibility. They didnt have a role available so they created one for you. They didnt have to do that. They only need to offer you your old job. If they wanted rid of you they could have simply said your old job is not possible part time but is available for you as before. They clearly want you to stay in the company.

You want to stay in the company too but with less responsibility. That means taking a step down the ladder. Which means being paid less per hour. But you asked them for that.

You can have your old job if you want. Or you can have the job down the ladder which you asked for. But you cant be paid a senior manager salary when you're not doing the work of a senior. You wanted less responsibility.

it was the choice between this new role and my old job, financially I would have to accept my old job.

How did you ever think you could reduce your hours and responsibility but not your pay? It just doesn't make sense.

does that not demonstrate they have a preferred candidate for my job over me?

No because the job is there for you. The job offer is likey to be dependent on your decision.

@Crimesean but surely it does if you are going to another role with less responsibility , so if you were a manager of a team of 10 and you then go back in a admin role , it will be less money surely

I think your mistake was to equate less hours with less responsibility.

What you should have asked was to return to your old role or an equivalent job but on reduced hours.

Instead you asked for less responsibility so they created a new role for you on less pay.

I don’t think you’d get very far as during the mediation process they will just say of course your old role is still available. They may or may not have good business reasons why that role cannot be part time. If they don’t have good reasons and refuse reduced hours, then you might have a case.

So take your old job and make a flexible working request (for fewer hours, not fewer responsibilities). Or go back and start looking for a role in a different organisation that ticks all/more of your boxes.

my current nursery choice won’t take my son any more due to his physical disability. Id have to find a way to make it work

Sounds like that'd be the case though whatever job you go back to?

When you're ruling out the lower pay grade role, is that after taking into account the value of any savings you make elsewhere by also working fewer hours?

@AlexaShutUp

So what were you expecting actually, OP?

Did you think they were going to reduce your responsibility in a new role while paying you the same salary as your old role?

I really don't understand how it is maternity discrimination if they are happy to give you your old job back. How are you being discriminated against exactly?

You can't possibly know what they have or haven't agreed with your maternity cover. That's a completely separate issue because it clearly isn't standing in the way of you going back to your old job if you choose to do so.

Honestly, I wasn’t sure! Everything online talks about being entitled to the same pay and benefits etc. but nothing anywhere says about what if you reduce responsibilities/seniority. To you - and many others - what I’ve asked is a stupid question, but I came here with good intentions as someone who really had no idea. I do really appreciate the advice. In the absence of a mum or similar to ask, I came here for the truth and it seems like that’s what I’ve got 😊

“ does that not demonstrate they have a preferred candidate for my job over me?”

But they don’t have a preferred candidate? It sounds like they hadn’t even considered the mat cover being permanent until you told them you wouldn’t/couldn’t do your old role.

@Comefromaway

I think your mistake was to equate less hours with less responsibility.

What you should have asked was to return to your old role or an equivalent job but on reduced hours.

Instead you asked for less responsibility so they created a new role for you on less pay.

I don’t think you’d get very far as during the mediation process they will just say of course your old role is still available. They may or may not have good business reasons why that role cannot be part time. If they don’t have good reasons and refuse reduced hours, then you might have a case.

Hi, thanks for replying. I did put in a flexible working request for reduced hours but it was declined due to business need.

Everything online tells you that you are entitled to the same job or equivalent sideways move at the same hours and pay. They offered you that.

You said no and you requested a downwards move.

If you requested a demotion from senior manage with lots of responsibility to a role with really reduced responsibility the you are not entitled to return to the same pay.

Your job with your pay and hours is available if you want it. They are not discriminating against you.

You have requested a downwards move. They have agreed. But that comes with a drop in pay.

Did you really think you could keep your senior manager salary after asking for a totally new job with fewer hours and much less responsibility? That would be mad.

You can have everything you are legally entitled to. They're offering it. They want you back.

Or, you can have the demotion that you have requested which comes with a bloody obvious drop in pay.

Honestly, I wasn’t sure! Everything online talks about being entitled to the same pay and benefits etc. but nothing anywhere says about what if you reduce responsibilities/seniority. To you - and many others - what I’ve asked is a stupid question, but I came here with good intentions as someone who really had no idea. I do really appreciate the advice. In the absence of a mum or similar to ask, I came here for the truth and it seems like that’s what I’ve got

You are entitled to go back on the same pay/same benefits, but only if you go back to the same job!

It is completely unreasonable to expect the same pay for doing a more junior role. That would make it completely unsustainable for organisations and incredibly unfair to other staff. I'm amazed that you would think this is possible tbh.

If it was declined due to business need you (& ACAS) need to evaluate whether you think those reasons are valid. So for example you employer needs to demonstrate that they have tried to recruit a job share etc.

Valid refusal (an office worker wants to only work weekends when business hours and client needs are Mon-Fri)

Not valid refusal (someone wants to work mornings only and employer hasn’t even tried to recruit someone to work afternoons)

Honestly, I wasn’t sure! Everything online talks about being entitled to the same pay and benefits etc. but nothing anywhere says about what if you reduce responsibilities/seniority.

Are you seriously saying f you thought employers were obliged to keep your pay the same, even if yih want less hours and less seniority?

You have asked to change jobs. You get the same terms if going back to the same job. If they agreed part time, you would get the same wage pro rata. Not the same take home. But you also wanted to drop I responsibility/seniority. They don't have to keep paying for you a senior wage, because you requested the step down.

Senior management is extremely difficult to do part time and/or job share up the vast majority of jobs.

Agree with comefromaway

Just an example:

If your current role is headteacher but you asked to return as a teacher on a part time basis, your pay would be significantly reduced as you would be on reduced pay per hour and because you reduced your overall hours..

If you asked to stay as headteacher but in a PT/job share role, you would be on a reduced salary but not ‘per hour’ pay.

It sounds like your employer is being really reasonable.You just need to decide what you want to do.