No payrise due to maternity leave last year-discrimination??

[Ikkleshepp]

Hi fellow mummies.
I'm just after a bit of advice, I had a pay review last week and have been told that I will have no payrise this year mainly due to me being on maternity for 10 months of 2012. I was a top performer in my role for the 2 years previous to my mat leave so I feel I have a good argument for this, even if I wasn't a top performer is this discrimiation and what can I do?

Hey hun, I've not called anyone but have contacted HR who have advised me already that correct procedures have not been followed with regards to how my pay review was done, I now need to have a very awkward chat with my boss! I'm not one for confrontation so want to be fully loaded with info before I do so! I don't really want to speak to her! Can I be really dumb and ask what ACAS stands for?!!

Advisory, Conciliation and Arbitration Service - www.acas.org.uk. Generally (but not invariably) give good advice on employment matters.

I don't know how these things work but, in my previous job, a colleague found out pay rates and asked why I earned more than she did. She was told it was because she had missed a couple of pay rises while on maternity leave so I had moved ahead of her.

That was with a national retail chain who were usually very good at keeping themselves out of trouble HR wise although I can't swear to anything

Yes that's discriminatory. They need to ignore your absence for pay review purposes. You need to put in a grievance.

This is probably sex discrimination. Your employer has treated you less favourably because you are a woman who has taken maternity leave. If your employer had taken this action during your pregnancy or maternity leave, they would have also been guilty of maternity discrimination, contrary to the Equality Act 2010.
However, if the decision not to give you a pay rise was decided during your pregnancy or maternity leave, they could still be guilty of maternity discrimination.

I've just asked my husband who is an employment barrister and he says this is what is called 'direct discrimination' and is unlawful.

If you were on maternity leave for 10 months, what was your performance for the other 2 months? They can base your pay rise on that (obviously pro rata targets) however if they are saying you only achieved 2 month's targets in the last 12 months so don't get a pay increase then this would be discriminatory.

It is unlawful, I had similar happen to me & took it to a tribunal - it was only a small part of my problem, but I was told at the time that it was illegal & discriminatory - I would have won the case, but I accepted an out of court settlement as it was affecting my health & therefore quality of care for then tiny DD & I just wanted it over & done with quickly - but I was expected to win otherwise, hence the OOC offer