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sex discrimination question

3 replies

ohdearwhathappened · 12/07/2010 02:13

name changing regular

I lost my job on maternity leave.

There may be specific differences in my terms and conditions to the usual but I gather these can't replace statutary (?spelling)

My union says that it can't be sex discimination because a (childless) woman got my job, I worked part-time the job was changed to full-time (all my employment was full-time prior to that job) my boss asked my prior to the interview whether I wanted to work part-time

the bloke covering me also applied and didn't get it they say the fact that he worked part-time (although he said he would only work full-time) also counts against me

so my question is if a woman takes the job of someone on mat leave does that mean it's not sex discrimination?

thanks

OP posts:
MacChuckles · 12/07/2010 16:09

Read your story and not sure on the legality of things but I thought these days you are protected by law so that you cannot loose your job on maternity leave.

The company have to leave your job open to you and only when you return can they then decide to end your term of employment.

I think the union sound awful, they shouldn't be telling what it's not but what it is. If it's not sex discrimination then it is unfair dismissal.

I hope you get it sorted out - it makes my blood boil that women get stitched up by employers just because they are having a baby.

prh47bridge · 12/07/2010 18:16

I'm afraid you are wrong, MacChuckles. You can lose your job whilst on maternity leave. However, you cannot be dismissed for a reason connected with maternity leave, birth or pregnancy. Provided they can fairly justify their choice, your employer can make you redundant whilst you are on maternity leave.

Of course, it isn't quite as simple as that for employers. Tribunals are naturally suspicious when someone is made redundant in these circumstances. However if, for example, they close down the department in which you work and make everyone redundant, they can make you redundant as well. They don't have to wait until you return.

MacChuckles · 12/07/2010 19:56

Oh that is terrible to hear.

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