Overlooked for perm role due to pregnancy

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Soz for long post, if nothing I just need to vent,bur looking for advice.

Does this constitute pregnancy discrimination and can I do anything about it?

There are 2 staff members on fixed contracts covering maternity, I am one and my non-pregnant colleague is the other. Same start/end date, same role, same experience.

A permanent role has come up and I've not approached about it, it wasn't advertised internally or externally and has just been given to my non-pregnant colleague. I only found out because it was emailed to the whole staff team that they'd be working in the role later in the year beyond our shared contractual end date.

I feel like I have been completely overlooked for the role as I'm pregnant and not currently in the building (WFH on boss instruction as pregnant), out of sight out of mind,while colleague has been working on site throughout

I spoke too boss and they confirmed that a perm job had come up, that they'd spoken to my colleague about it at least 6 weeks ago and were totally surprised I would be even be interested in it, followed by asking me to remind them my maternity dates (which I've been clear about all along and within the right time frames). They assumed I would not be interested because I would be going on maternity - which they've acknowledged fully in an apologetic email saying they should have notified me about the job and didn't because of forgetting due to covid.

I'm gutted and feel really overlooked, unwanted and demotivated. By not extending my contract or giving me the chance to apply for this perm role, and that I'm heavily pregnant, and the covid job market situation as it is, means that I haven't been able to get another job, and now won't be able to before baby is due because of notice periods.

I just feel like they've been really unfair. Is there anything I can do about it?

Definitely sounds like discrimination. You should be able to try for that role regardless of whether you’ll be on mat leave or not. Try pregnantthenscrewed.com as they can offer a lot of advice. Good luck x

If they believe the other person performs better than you they are entitled to appoint them without telling you what is happening. However, if they have failed to consider you because you are pregnant that is discrimination. If you have it in writing that they assumed you wouldn't be interested because you were going on maternity leave it sounds like you have a good case. Consult a lawyer who specialises in employment law. It may be worth checking your house insurance to see if it includes legal cover and, if so, whether they will pay for this.

Regardless of your performance I think you still have the right to be made aware of any permanent vacancies in the company- are you on a fixed term contract now? Have they told you the reason your contract isn’t being renewed?

It probably is discrimination and definitely isn’t fair but if I was an employer looking to fill a permanent post I probably wouldn’t choose someone who was going to go on maternity leave for up to a year.

I would, however, be surprised, if this wasn't advertised somewhere on an intranet or even an office wall and that would be sufficient. They don't have to email all such internal things to all staff, it's the staffs responsibility to search it out.... Unless on pregnancy leave which you're not.

I am on a fixed contract still now, tied in until Aug end of contract now due to notice period.

It wasn't advertised externally any where and there isn't an intranet. The only other place it could have been advertised is a staff notice board in the building, but they've categorically said I'm not to go on site whilst vulnerable due to covid so no chance I would be able to see even if it had been there on the board. Plus that room with the notice board has been deep cleaned and closed off according to colleagues, since March.

I have it in writing saying "it had not entered my mind that you might consider taking up a new position when pregnant and in this time of COVID-19."

They haven't said anything about underperformance, the complete opposite in fact (which I also have in writing).

They haven't given me a reason for not renewing my contract.

That’s sounds really off to be honest. You should have definitely been given a chance to apply, even if you couldn’t have worked for a while because of mat leave. Do you have an HR department? Could you raise it with them? Are you in a union? They often provide legal help. Sorry you’re having to deal with this, I was in a similar situation and it’s horrible to not have a job to go back to. And horrible to have to kick up a fuss when you’re already stressed and pregnant.

Regardless of your performance I think you still have the right to be made aware of any permanent vacancies in the company

There is no such right in law. It may be good practice but that is another matter. An employer is perfectly at liberty to fill a permanent vacancy without advertising it, either internally or externally.

www.legislation.gov.uk/uksi/2002/2034/regulation/3/made = fixed-term employees' right to be informed of permanent vacancies.

Apologies. I forgot the OP was a fixed term employee.

It's good practice to advertise openly to encourage transparency of process etc. And technically, if all they do is post a tatty note on a door, they have done due diligence under usual circumstances. Given the strange time we're in, she may have been totally unaware of obligation to make ftc aware or that potential interested parties may not have access to the advert in the office.

Yes you maybe able to pursue, but do you really want to?