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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Not told of an internal position on maternity leave.

129 replies

ABubbles · 27/12/2023 14:33

I’m on maternity leave. I work part time (3 days a week) in a good mid-level professional job. I work hard, always have, never had any concerns raised by seniors, happy service users etc.
I had a brief encounter with my senior the other day where I was informed that the team had been shuffled a bit after some of my colleagues at the grade above had left the job. In all this, an internal position for the grade above me became available. I am more than qualified for it after being at my current grade for the last 5 years, I am the most experienced member of the team at my current grade (all others have joined within the last year and have far less years experience).
Am I being unreasonable feeling pissed off and undervalued because I wasn’t informed there was an internal position available? I could have only found out about it if I was at work/ if I had logged on to my work system during maternity leave. None of my colleagues let me know a position was available and it resulted in my (very nice and well deserving but significantly less experienced) colleague getting the position. I would have liked to have had a chance to apply and I feel like it was hidden from me and I have been held back because I’m on maternity leave. Is that just the way the world works and it’s tough luck for us mums?
I feel really bothered by it. How hard is it to give me a call to let me know?

** I definitely have the level of experience required for the job, I have been waiting for a position to come available for years and it was on my goals discussed with my manager.

OP posts:

ChocolateCinderToffee · 27/12/2023 15:10

I'm fairly certain that legally, you were entitled to be told about the job.

Mynewnameis · 27/12/2023 15:12

I see loads of people from HR are giving advice which is great. One tip though op, remember they are mainly protecting the interests of the company. Also get external advice

HollyLondoner · 27/12/2023 15:17

I've had the exact same thing happen to me whilst on mat leave. This also made way my mat cover to become my new boss! I kid you not....

Please call pregnant then screwed for free advice. They are brilliant and I'm sorry this has happened to you ❤️.

Ohthisisimpossible · 27/12/2023 15:20

Wankers! That’s so out of line. Agree speak with Pregnant then Screwed. I’m furious in your behalf!

thatsnotmywean · 27/12/2023 15:35

Interesting that OP has yet to come back to tell us if it was a f/t hours job or p/t hours.

If f/t hours that may be why she wasn't informed - unless she is willing to increase to f/t hours and had voiced that to them.

And as a pp said, what's stopping the OP from logging into the system and keeping herself informed?

They could have made her aware, yes, but it may not be as clear a case of discrimination as PPs think.

burnoutbabe · 27/12/2023 15:39

ChocolateCinderToffee · 27/12/2023 15:10

I'm fairly certain that legally, you were entitled to be told about the job.

I suppose the legal issue is how does "be informed" work.

Say you work for a massive company with many roles. Woujd it be legally required to email anyone on maternity leave of all /any jobs that are open that they could apply for?

Or is it sufficient that they have access to the sane systems that show job openings as they did when not on maternity leave?

LangMayYerLumReek2024 · 27/12/2023 15:40

Yes you are right to be pissed off.

Yes you have been discriminated against.

Sad that in 2023 employers (and some on MN) of this pretty basic right.

You should begin by asking manger / HR what has gone wrong. And his they are going to rectify this.

Ask for it in writing and then you can decide whether to lodge a grievance.

LangMayYerLumReek2024 · 27/12/2023 15:42

Longtimelurkerfinallyposts · 27/12/2023 14:35

Is it also a part-time post, or full-time?
If the latter, they might have assumed the hours didn't suit you?
Had your manager promised to let you know about such internal positions if any became available?

It doesn't matter what the hours are they don't get to make assumptions and her manager has a duty to keep her informed.

LangMayYerLumReek2024 · 27/12/2023 15:43

Dartmoorcheffy · 27/12/2023 14:35

How much longer are you on maternity leave for? Presumably they want someone who can start the role immediately too.

This is not relevant. It doesn't matter his long her mat leave is.

LangMayYerLumReek2024 · 27/12/2023 15:43

cryinglaughing · 27/12/2023 14:38

As a pp said, is it a fulltime position?
If it is and you work 3 days, I can understand nobody drawing your attention to it.

You are justifying discrimination

ANightmareBeforeChristmas · 27/12/2023 15:44

Your manager should have had a conversation with you before you went off, to agree what level of updates from work you wanted to receive, how often, and how they would be communicated to you. These days, when many people have access to the work intranet, they often say they will manage it themselves, other than for very major events when a one-to-one conversation is appropriate.

Megifer · 27/12/2023 15:45

Op did you and employer have a discussion about how you'd like to receive updates? Is it at all possible they could say you had indicated that you'd be checking emails/intranet etc?

For pp's - it doesn't matter if the role was required on a FT basis, that's for op to decide if she'd like the opportunity, not the employer. But whether this is discrimination depends on what any agreed arrangements re: comms were. If none then yes op you should have been informed and given an opportunity to apply. Grievance would be first step but you'd have to be clear what outcome you'd like, bearing in mind it could cause a bit of a shitstorm all round if they reverse the decision and go through recruitment process again (breach of contract for other employee, ill feeling etc).

CrispsandCheeseSandwich · 27/12/2023 15:47

Say you work for a massive company with many roles. Woujd it be legally required to email anyone on maternity leave of all /any jobs that are open that they could apply for?

Or is it sufficient that they have access to the sane systems that show job openings as they did when not on maternity leave?

I agree. I work for a company with 25,000 UK employees. I had access to the internal vacancy site while on maternity leave, but I wasn't emailed about every new vacancy that arose. No one is, whether they're on leave or not. Everyone who wants to move internally uses the vacancy page.

However with the OP, it's not clear if it was advertised or if it was just that someone in the team would be moved up, and no one asked her. If it's a smaller work place where there isn't an internal webpage of vacancies, and everyone knew about it through meetings and announcements and word of mouth etc, then that's different and OP should have been told.

Paddington98 · 27/12/2023 16:03

Mynewnameis · 27/12/2023 15:12

I see loads of people from HR are giving advice which is great. One tip though op, remember they are mainly protecting the interests of the company. Also get external advice

Protecting the company also includes making sure employees are treated fairly and not discriminated against so the company doesn’t get sued.

Original poster

ABubbles · 27/12/2023 16:04

Thanks all. Some interesting feedback. Thing is, there’s a lot of assumptions.
I would have considered both ending maternity leave earlier and increasing my days for the right role. Within our team, there are only two obvious candidates that would have applied. The other got the job.
He’s very deserving I’m sure but so am I! And I’d have liked the opportunity to apply.
I had kept an eye on vacancies on their website but didn’t see this job so must have only been on the intranet. If they expected me to log on to my work computer to check such work vacancies, that’s different. Maybe I should have been? Here I am trying to do motherhood well.

Also, the whole it’s a ‘full time job’ and you work part time thing is crap. They have a family friendly flexible working policy and would usually at least allow for those discussions even if they deny. They allowed me to go part time after my first child, kept my workload the same and I just cramed it into less days and I was wildly stressed. I find it so disappointing because up until now, they generally have been fairly good with the whole maternity thing.
I am not an entitled person or a confrontational one and I do feel a bit pissed off by this.

OP posts:

Original poster

ABubbles · 27/12/2023 16:11

It’s also worth point out here. I am not intending to take this any further whether it’s discrimination or not. I just wanted some validation that I’m within my right to feel sh*t about it.
I wouldn’t be able to log onto my work computer even if I wanted to because all of my passwords have lapsed. My work have my personal email for updates that relate to me. Whether legally they should or shouldn’t have let me know about the vacancy is a bit of a grey line. But as my work team, you’d have thought they would have the decency to let me know informally. There were literally two obvious candidates that would have applied, me being one. So the other didn’t have any competition. Convenient.

OP posts:

MrsDoof · 27/12/2023 16:15

Sugarsun · 27/12/2023 15:06

I think it’s a difficult one because if I was off work, I wouldn’t expect to hear from work or about work until I was ready to come back.

You chose not to log into your emails (which I don’t blame you for) but you can’t say you weren’t told because you were.

You can’t really have the best of both worlds.
You either want to be involved in work or completely dissociate from it.

If my maternity was almost up then I would be annoyed that I wasn’t given a heads up but if my maternity had just started then I knew I wouldn’t considered anyway and therefore I’d let it go.

This is utter nonsense. No wonder companies feel so comfortable in discriminating against pregnant employees/ employees on maternity.
She’s not off sick, she had a baby, as is her right, as it also is to have a job and not be discriminated against due to the latter.

SquishyGloopyBum · 27/12/2023 16:17

ABubbles · 27/12/2023 16:11

Why wouldn't you take this further?

There are laws around this and work have broken them. You absolutely need to take it further.

IpsyUpsyDaisyDoos · 27/12/2023 16:31

Before I went on mat leave I had to fill in a form stating what contact I wanted from the company. This included whether I wanted to be notified of new positions, and whether I was interested in all new positions or specific to my team etc. I also had a chat with my line manager before I went on leave who therefore knew whether he should give me a ring, send me a text etc or just put me forward for a number of positions we knew were likely to appear.

Additionally, I was able to keep my access and login whenever I wanted from home to see what was going on.

I thought this was fairly standard, boiler plate mat leave stuff tbh. Did you not do this? If you did, what did you put on it? If not, should you have and therefore has there been a failing you can raise?

NotARealWookiie · 27/12/2023 16:52

This is why men get promotion more than women.

They aren’t on maternity leave.
They don’t tend to go part time so are viewed favourably for employment opportunities.
Then they become the breadwinner so they tend not to be the first port of call for childcare when children are sick.

Women who are discriminated against tend not to challenge it because they a) haven’t the energy and b) don’t want to rock the boat.

Neveraga1n · 27/12/2023 16:59

When my staff are on Mat leave/sick leave/annual leave I don't let them know because I have too many staff to think about and don't have personal emails for them, I would be texting/calling them which takes up too much time. And if I did I would probably be told I was harassing them while they are on leave!

BrassOlive · 27/12/2023 17:05

*I think it’s a difficult one because if I was off work, I wouldn’t expect to hear from work or about work until I was ready to come back.

You chose not to log into your emails (which I don’t blame you for) but you can’t say you weren’t told because you were.*

I really don't get why people offer personal opinion on what is essentially a matter of fact. It doesn't matter whether you think it's a difficult one, the law is straightforward and any manager worth their salt knows they have to keep staff informed of vacancies/ promotions when they are on maternity leave.

BrassOlive · 27/12/2023 17:07

Neveraga1n · 27/12/2023 16:59

Lumping together maternity, sick and annual leave in this way shows me you have no business being a manager.

burnoutbabe · 27/12/2023 17:09

But we are debating what keep informed means?

Email each person with all possible thithey found apply for?

Or ensure the employee has access to all opportunities via the intranet?

Legislation was written pre internet widespread usage and what is reasonable now will have be changed.

Be interesting to see recent case law in this.

StripeyDeckchair · 27/12/2023 17:20

It's discrimination and illegal
In your shoes I would write a formal letter to HR asking why I hadn't been informed that there was a role in my department opening up and pointing out my experience that would make me well qualified to fil the role.

If you are in a Union, contact your local branch for advice. Do not use your in-work rep as they will not be impartial and may inform the organisation of your discontent before you are ready to.

The organisation should not make assumptions about your circumstances around this role eg you might be prepared to return from maternity leave sooner to fill it, to work full time etc

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