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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:
Porridgeinblankies · 27/12/2023 20:21

Boysnme · 27/12/2023 20:18

Many employers revoke the access of an employee while they are on maternity leave. It’s not always possible to just log in.

Show quote history

Of course if they can't then it's a different matter. But PP was arguing about the expectation. Not the logistics of whether they can or cannot.
For orgs of a certain scale it's impossible.

The OP said her password had lapsed. It's unclear whether this means that access was revoked, or that she simply chose not to reset it. For us it need resetting every 3 months so even people on holiday when it lapses just come back and reset it.

Aprilx · 27/12/2023 20:21

Boysnme · 27/12/2023 20:18

Many employers revoke the access of an employee while they are on maternity leave. It’s not always possible to just log in.

Show quote history

And as I have said very clearly, there needs to be a mechanism in place. So if they decide to remove that mechanism, they would need to ensure there is a different mechanism in place.

Porridgeinblankies · 27/12/2023 20:22

@Jk8 @Atethehalloweenchocs whatever you personally think the employer has a legal responsibility to inform the employee of this. See links shared upthread.

Porridgeinblankies · 27/12/2023 20:26

Aprilx · 27/12/2023 20:21

And as I have said very clearly, there needs to be a mechanism in place. So if they decide to remove that mechanism, they would need to ensure there is a different mechanism in place.

Edited
Show quote history

I don't think people realise the extent and number of vacancies that exist in some companies.
I've just re-read all of the OP's posts (long day) and it seems that. OP is upset nobody on her team personally told her. It's unclear as to whether she could have checked the website herself as she just says her password is lapsed. She didn't say she couldn't she was just surprised at the expectation.

She is being U to have expected a personal call if she did have access to the job board but just CBA to check. That's just common sense. However I appreciate this might not be so obvious depending on the size of the organisation and way things are done. Still, it satisfies the legal requirement that she has to be informed.

However... not being informed about the re-org. While not directly the point of the AIBU. It is related. That, she should have received personal contact about so if she did want to go to tribunal she'd have case for that.

Aprilx · 27/12/2023 20:32

Atethehalloweenchocs · 27/12/2023 20:20

I would not expect to be told about a promotion if I was on leave of absence, extended sick leave or any other thing that took me out of work. So no, I dont think they have any responsibility to tell you.

Well a generic leave of absence and even being sick (not classified as disabled) are not protected characteristics so no nothing is required.

But being on maternity leave is protected and there are rights, which include having a mechanism to be kept informed of internal opportunities. The argument as I see it on this thread, is that some people seem to think their line manager should be spending a portion of their working day monitoring internal job boards for their report on maternity leave and sending them emails or calling them, whereas in fact they just need to ensure that access is available.

Jk8 · 27/12/2023 20:34

.... they did (via a company site she was still registered on as a ongoing employee)

The OP is unhappy with her TEAM for not alerting her directly to the updated site while she was off work (& was fully in her right to choose wether or not to log on for updates)

If they had of contacted her insisting she applied when she was still very much in her im-off-work-with-a-newborn phase then they would have been out of line....because she had access to find out about the job if she wanted too

People piling on with 'this is discrimination' are completely overlooking office politics (somebody in the office wanted the job themselves & may or may not have also avoiding personally contacting her) & thats not her employers responsibility or mistake to be held accountable for in a discrimination hearing

Jk8 · 27/12/2023 20:35

@Porridgeinblankies Message above was directed at you by the way.

KM123456 · 27/12/2023 20:38

They can't selectively notify specific employees--that could be considered discrimination. If you were interested in a promotion, how hard would it be to check weekly from home about job postings?

coffeeaddict77 · 27/12/2023 20:43

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

She was on maternity leave so why would she be accessing the internet. The employer should have informed her so she didn't miss out on the opportunity to apply.

coffeeaddict77 · 27/12/2023 20:43

KM123456 · 27/12/2023 20:38

They can't selectively notify specific employees--that could be considered discrimination. If you were interested in a promotion, how hard would it be to check weekly from home about job postings?

They should have e mailed everyone then.

Elvis1956 · 27/12/2023 20:48

festivepains · 27/12/2023 14:37

Same happened to me. I went to HR and almost immediately got a promotion...

As a full time union rep one of my members rang to ask if all the hr jobs were filled. She was on maternity and from hr. It was following a merger. They were. So she asked me to ask her manager why no details were forwarded...and told me she was happy that was the case as she wanted redundancy.
I approached the manager, who didn't answer and said she'd find her a job at the same level. I pointed out it wouldn't be an hr job. She said that didn't matter, it would be at the same level. I pointed out, no it would be a promotion as the managers job would be available for not telling her staff on maternity to apply for jobs.
my member was redundant the next day

wronginalltherightways · 27/12/2023 20:53

Ginnnny · 27/12/2023 15:10

You absolutely should have been informed about the position. I work in HR and dealt with a similar situation a couple of months ago. Contact your HR Advisor or Partner, and union rep if you’re in one, along with your manager.

This

Original poster
ABubbles · 27/12/2023 20:54

My account has been locked and I do not have access to anything internal anymore.

OP posts:
HeyThereDelilah1 · 27/12/2023 20:57

Legally they have a duty to inform you so yes this is discrimination and if I were you I’d raise it as it’s clear cut. Exactly the same thing happened to me at the BBC and after raising with HR I got a title change and pay rise.

Porridgeinblankies · 27/12/2023 21:21

ABubbles · 27/12/2023 20:54

My account has been locked and I do not have access to anything internal anymore.

OK so in this case you've definitely been discriminated against.
Even if you don't want to bring a case for whatever reason you know best. If I were you I'd strongly re-consider continuing my employment with this company for any longer than necessary.
Not only have the broken the law in this regard you also have the pleasure of doing the same amount of work for others but with less pay.

How are you benefitting from all this?

It may be be difficult that none of your other colleagues contacted you but let's face it's a) not their responsibility and b) they may have wanted the job themselves. Or to go to someone else. As much as they like you.

The fault lies with management.

Jk8 · 27/12/2023 21:22

ABubbles · 27/12/2023 20:54

My account has been locked and I do not have access to anything internal anymore.

Well this obviously changes in then 🙄🙄🙄 you Absolutely have a case against the management & leave your team members/co workers out of it all together

Porridgeinblankies · 27/12/2023 21:23

Jk8 · 27/12/2023 20:35

@Porridgeinblankies Message above was directed at you by the way.

Wrong person? I said she should check the intranet if she has access. I'm not one of the 'personal emailing in every circumstances' people.

Jk8 · 27/12/2023 21:24

Porridgeinblankies · 27/12/2023 21:23

Wrong person? I said she should check the intranet if she has access. I'm not one of the 'personal emailing in every circumstances' people.

Show quote history

Appears so, sorry 😅

Dotjones · 27/12/2023 21:29

ABubbles · 27/12/2023 20:54

My account has been locked and I do not have access to anything internal anymore.

What steps have you taken to regain access? Have you tried to get access and been refused because of your maternity status? I'd expect your account to be locked after 3 months of inactivity as a very basic security measure. If they only advertised the job internally AND refused you the access because of being on ML then you might have a case. If you didn't actively try to login to check for any vacancies you don't. (By "actively" try I mean taking reasonable steps to regain access.)

Teder · 27/12/2023 22:24

Dotjones · 27/12/2023 21:29

What steps have you taken to regain access? Have you tried to get access and been refused because of your maternity status? I'd expect your account to be locked after 3 months of inactivity as a very basic security measure. If they only advertised the job internally AND refused you the access because of being on ML then you might have a case. If you didn't actively try to login to check for any vacancies you don't. (By "actively" try I mean taking reasonable steps to regain access.)

Show quote history

This is irrelevant to the maternity discrimination the OP experienced.

Torchdino · 27/12/2023 22:25

Dotjones · 27/12/2023 21:29

What steps have you taken to regain access? Have you tried to get access and been refused because of your maternity status? I'd expect your account to be locked after 3 months of inactivity as a very basic security measure. If they only advertised the job internally AND refused you the access because of being on ML then you might have a case. If you didn't actively try to login to check for any vacancies you don't. (By "actively" try I mean taking reasonable steps to regain access.)

Show quote history

Nope, the onus is on them to inform women on maternity leave.

coffeeaddict77 · 27/12/2023 22:32

Dotjones · 27/12/2023 21:29

What steps have you taken to regain access? Have you tried to get access and been refused because of your maternity status? I'd expect your account to be locked after 3 months of inactivity as a very basic security measure. If they only advertised the job internally AND refused you the access because of being on ML then you might have a case. If you didn't actively try to login to check for any vacancies you don't. (By "actively" try I mean taking reasonable steps to regain access.)

Show quote history

Do you have any knowledge of employment law or are you just making things up?. It isn't reasonable to require someone on maternity leave to regularly log into their work intranet.

Dazedandcovidconfused · 27/12/2023 22:47

it’s extremely clear, simple , and spelled out in links provided by PP, that OP has very much experienced maternity discrimination.

IpsyUpsyDaisyDoos · 28/12/2023 07:34

I said this earlier but OP hasn't answered it, presume she's busy with a newborn etc. But for everyone saying it's discrimination, there's a form to be filled in prior to going on Mat Leave which asks what kinds of vacancies you want to be informed of. If OP said none, or only specific ones and this didn't fall into them, its not discrimination. If it did fall into what she asked to be informed of, then it is and her manager did wrong.

Also, I think restructures are treated slightly differently to backfilling of positions, so she may want to look into what actually happened within the company and where she stands before using her valuable time and effort to push this further, in case there's no chance of any change.

NotARealWookiie · 28/12/2023 09:06

IpsyUpsyDaisyDoos · 28/12/2023 07:34

I said this earlier but OP hasn't answered it, presume she's busy with a newborn etc. But for everyone saying it's discrimination, there's a form to be filled in prior to going on Mat Leave which asks what kinds of vacancies you want to be informed of. If OP said none, or only specific ones and this didn't fall into them, its not discrimination. If it did fall into what she asked to be informed of, then it is and her manager did wrong.

Also, I think restructures are treated slightly differently to backfilling of positions, so she may want to look into what actually happened within the company and where she stands before using her valuable time and effort to push this further, in case there's no chance of any change.

Not every organisation uses a form to cover this so her organisation may not. She did say that her line manager had put it in her development plan at appraisals so they clearly knew.