sex discrimination question

[ohdearwhathappened]

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

umm...no

look at it this way , they could dismiss one woman who may cause trouble for them after experiencing sexual discrimination. and hire another who won't complain about experiencing sexual discrimination.

It is very difficult to prove sex discrimination.

Are you sure working pt is the only criteria for selection? Does the company have good reasons to change the job to a ft one?

eh custy?
so are you saying I should just roll over and take it???

Part-time irrelevant. All my previous jobs were FT, I was only working PT because they only wanted to pay for PT hours.
My point was that I should have been either appointed to FT post or made redundant, I'm under the impression you can't just change the hours and then advertise someones job when they are on mat leave and appoint someone else.
however I gather that a sex discrimination case is financially the only one worth taking (I work in a very small field) union says no sex discrim they appointed a woman, I think that's incorrect just seeing whether those who actually know rather then think know the answer IYSWIM

I'm confused.

Are you saying that prior to maternity leave you worked part time, whilst you were on maternity leave your employer decided to change the hours to full time and invited you to apply for your own which was then subsequently not offered to you?

If my understanding of your situation is correct it would appear that you do have a case for sex discrimination.

The union are talking rubbish by the way just because the job was offered to another female does not mean that you have not been discriminated against.

How has the OP been discriminated on grounds of her sex?

If the company did not follow proper redundancy procedures, then she has been unfairly dismissed. Just because she wants to beat the cap on damages for unfair dismissal (£65K+) and claim more on grounds of sex discrimination does not mean she has a case!

Obviously, I only think I know the answer so OP, feel free to disregard this ...

What does your contract say regarding working hours? Is there any clause in it for extending/shortening your hours?

Were you given the opportunity to take up the full-time post?

Would you have accepted it if it had been offered to you?

Were you made redundant or dismissed? Did they follow the correct redundancy/ dismissal procedures?

If they did not follow the correct procedures and did not allow you a reasonable chance to consider whether you wanted to swap to the full-time position, they you may have a case for unfair dismissal.

There may be a sex discrimination aspect to it if you can show that they made these changes deliberately just because you were on maternity leave, in a deliberate ploy to force you out of a job, but it may be hard to prove.

I do think it would be worth speaking to your CAB or a solicitor about.

no, my point was, hiring another woman doesn't mean that sexual discrimination did not occur previously.

yes dollshouse what you say is what happened

blueshoes I'm thinking that changing a PT job to FT when someone is on mat leave might do it. I'm thinking not giving the job to the current employee who has children might do it??? (I was the only one with kids!)
There are a couple of other things.
I'm not a lawyer so I'm just trying to find out....

they followed no procedures I have not been dismissed or made redundant someone else has been employed to do my job working different hours
nothing in contract
I was not offered any alternative my job was just advertised
would have worked FT

Blueshoes i typed out a very long reply and just deleted it I will just say I'm trying to do the best for my family like everyone else.

"I have not been dismissed or made redundant someone else has been employed to do my job working different hours"

So does that me you are still an employee on maternity leave?

Sorry, really should proof read!

So does that mean you are still an employee on maternity leave?

technically yes
but I know I have no job to go back to once my leave is up

Of course you have a job to go back to, they haven't told you otherwise. Just turn up.

If you are on Additional Maternity Leave then they don't have to give the same job back if the employer can demonstrate it's not reasonably practical.

WorkSmart: Will I Have The Same Job?

If you are on Ordinary Maternity Leave then you are entitled to the same job back.

As yet they have not said you can't have your job back... so return to work as currently planned.

lol at just going back in
unfortunately I suspect they would call security to remove me from the building and I would be lumbered with having to pay for childcare I wasn't using for 4 kids for the month cancellation period!

I'm still tryig to get some sense out of my union!

While you were on Maternity Leave did they send you a letter terminating your Employment?

If so, contact EHCR Commission for Equality and Human Rights. Is it EHRC?

Are you still being paid your Maternity pay?

were you still on statutory maternity leave or had you gone into Additional maternity leave?