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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
NotARealWookiie · 27/12/2023 17:21

BrassOlive · 27/12/2023 17:07

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

Show quote history

I thought this. Ffs. Maternity leave is legally different to annual leave and sick leave.

Even of you manage a lot of people, you’ll know who’s on maternity leave.

ChillyB · 27/12/2023 17:26

This is discrimination. Happened to me and I won an employment tribunal over it.

Lolovans · 27/12/2023 17:28

This happened to me. I complained to HR that I had not been offered the opportunity to apply despite having been very clear I was interested in higher level roles. I had an email from my line manager saying that they hadn't bothered to tell me because I was on leave and it was SIX WHOLE WEEKS before I was due back. Forwarded this to HR who promptly shat themselves on the spot and in the end they created an extra role at that level and promoted me. I was seething and went as far as filling in the tribunal forms and saying they had 7 days to resolve or I was filing them.

NotARealWookiie · 27/12/2023 17:29

Lolovans · 27/12/2023 17:28

This happened to me. I complained to HR that I had not been offered the opportunity to apply despite having been very clear I was interested in higher level roles. I had an email from my line manager saying that they hadn't bothered to tell me because I was on leave and it was SIX WHOLE WEEKS before I was due back. Forwarded this to HR who promptly shat themselves on the spot and in the end they created an extra role at that level and promoted me. I was seething and went as far as filling in the tribunal forms and saying they had 7 days to resolve or I was filing them.

I applaud you.

Torchdino · 27/12/2023 17:34

Speak to HR and take it further, if it was only advertised on internal systems which you do not have access to (it wouldn't be reasonable during mat leave to periodically check anyway) then your employer should informing you of them. It is classed as discrimination and if HR know anything about the law regarding this they'll be slicing lemons when you speak to them.

AutumnBride · 27/12/2023 17:40

In my organisation it would be a line manager's responsibility to keep a member of staff who is absent from work informed of any relevant changes within the team which would absolutely include any vacancies.

GrumpyPanda · 27/12/2023 17:44

No advice on the specific legal question but this:
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.

So they're graciously letting you do the exact same job for significantly less pay? There's more than just one thing wrong with this company and uts time you thought about pushing back.

Decorhate · 27/12/2023 17:58

There used to be an organisation called the Maternity Alliance I think - not sure if they are still around. Were very good on advising on your rights.

bonzaitree · 27/12/2023 18:29

Defo threaten to sue- clear discrimination to not even allow you to apply!

Original poster
ABubbles · 27/12/2023 19:32

Thanks for all the responses to this post. I was not expecting quite so many. I think I will definitely look into this now because it’s clear that it isn’t quite right.
I feel let down. And most I also don’t feel very enthusiastic about going back to work now because I feel so undervalued.

OP posts:
Boysnme · 27/12/2023 19:35

This is discrimination and you should raise it with your HR.

When you went off on maternity leave your manger should have discussed with you what contact you wanted while off. If you didn’t specify that you wanted no contact then they have to tell you about opportunities.

It also doesn’t matter if you got the job and still continued your mat leave, they would just need to backfill you for the time you are still off.

I know you said you don’t want to take it further but if it was a role you would have wanted to apply for you should.

Morrisons00 · 27/12/2023 19:38

@ABubbles considering you was on maternity leave, then how or why would you expect bosses to keep you upated ? personally id still log in one a week if possible to keep upto date with x items.

After a bit of research :

During maternity leave, employees are entitled to various rights and protections, including the right to return to the same job after maternity leave, or if that is not reasonably practicable, to a suitable alternative job on terms and conditions that are no less favorable.

While there isn't a specific obligation for employers to regularly update employees on job vacancies, it is generally considered good practice for employers to maintain open communication with employees on maternity leave and keep them informed about significant changes within the organization.

Greeneyegirl · 27/12/2023 19:39

Absolutely shocking how many people on this thread don't know basic employment law. It is the legal requirement of your line manager to inform you in good time of any changes to your team and job vacancies whilst you are on maternity leave.

Greeneyegirl · 27/12/2023 19:40

Again. It is the legal requirement of your line manager to inform you of vacancies and changes within your team. They take your personal email address and/or phone number when you go on leave and should ask you how you would prefer to be informed of these things. How are there women still wondering round completely oblivious to their legal rights. Educate yourself people.

LangMayYerLumReek2024 · 27/12/2023 19:41

How sad that so many women on MN are happy to justify and facilitate discrimination.

Morrisons00 · 27/12/2023 19:42

Greeneyegirl · 27/12/2023 19:39

Absolutely shocking how many people on this thread don't know basic employment law. It is the legal requirement of your line manager to inform you in good time of any changes to your team and job vacancies whilst you are on maternity leave.

actually thats incorrect under uk law, there is no requirement as far as im aware, (happy to be corrected as it improves my knowledge.)

Greeneyegirl · 27/12/2023 19:43

https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/while-youre-on-maternity-leave

Before you go on maternity leave, your employer or manager should have a meeting with you to talk about how you'd like to stay in touch.
By law, while you're on maternity leave your employer must tell you:

  • if jobs are being advertised
  • of any promotion opportunities
  • if they're planning redundancies or reorganisation
You can also agree with them:
  • what else you'd like to hear about, for example staff bulletins or social events
  • how you'd like to communicate, for example by email, phone or keeping in touch (KIT) days
  • how often you'd like to be in touch

While you're on maternity leave - Maternity leave and pay - Acas

Keeping in touch (KIT) days, holiday entitlement and redundancy rights while you're on maternity leave.

https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/while-youre-on-maternity-leave

Morrisons00 · 27/12/2023 19:43

Redacted, due to correction

Greeneyegirl · 27/12/2023 19:44

Have posted the link to ACAS above

Morrisons00 · 27/12/2023 19:45

Greeneyegirl · 27/12/2023 19:43

https://www.acas.org.uk/your-maternity-leave-pay-and-other-rights/while-youre-on-maternity-leave

Before you go on maternity leave, your employer or manager should have a meeting with you to talk about how you'd like to stay in touch.
By law, while you're on maternity leave your employer must tell you:

  • if jobs are being advertised
  • of any promotion opportunities
  • if they're planning redundancies or reorganisation
You can also agree with them:
  • what else you'd like to hear about, for example staff bulletins or social events
  • how you'd like to communicate, for example by email, phone or keeping in touch (KIT) days
  • how often you'd like to be in touch

As i did say, very much apricated

LangMayYerLumReek2024 · 27/12/2023 19:45

@Morrisons00

actually thats incorrect under uk law, there is no requirement as far as im aware, (happy to be corrected as it improves my knowledge.

From ACAS website

By law, while you're on maternity leave your employer must tell you:
• if jobs are being advertised
• of any promotion opportunities
• if they're planning redundancies or reorganisation

And here's the link

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/while-youre-on-maternity-leave

anothernamechangeagainsndagain · 27/12/2023 19:47

Yes it's annoying but if (and big if) it was advertised on the intranet and you had access I'm not sure that they have done anything wrong. Can you find out if this was the case? If it wasn't advertised in a way you could access it then you have a clear case of discrimination

Porridgeinblankies · 27/12/2023 19:49

@LangMayYerLumReek2024@Greeneyegirl@Morrisons00
That doesn't say 'line manager'. It says 'employer or line manager'.
Nobody is personally obliged to email you (and in a major org this would be mad!) in mine and many other big orgs we still have access to the internal job board and can monitor. If we choose not to log in that's our call.

The re-organisation probably, they have missed that.

OP you monitored their external website. Was your access revoked while on mat leave?

Morrisons00 · 27/12/2023 19:50

i must admit i presumed when on maternity , then unless its the employee that keeps upto date with the boss then that was it, until the employee resumed their position

pavementmutation · 27/12/2023 19:50

It's potentially unfavourable treatment not to advise someone on maternity leave of promotion opportunities, but that's an employer responsibility not a specific line manager responsibility to take someone's personal number etc etc.

https://www.legislation.gov.uk/ukpga/2010/15/section/18

Equality Act 2010

An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law...

https://www.legislation.gov.uk/ukpga/2010/15/section/18