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Would you see this as discrimination?

8 replies

BlueRedMouse · 27/06/2023 18:59

Realistically, I’m not going to make an official complaint, but am thinking generally about what to do next. I never once thought I would feel this way so I need that third party opinion in case I just need a sense check.

I’m a professional. In my company and in my industry generally, the annual bonus is tied to how many hours of work you do and how much you bill clients. The amount of the annual pay rise also depends on your performance (everyone gets a pay rise, it’s a just a question of how much).

I returned from a year’s maternity leave 14 months ago. When I first returned I wasn’t given much work but I genuinely believe that this was because I was eased back into it, so I am grateful for that. However, as time went on, I still wasn’t given much work. I regularly emailed the managers in my team to tell them I have capacity and in our weekly team meetings I would always say I have capacity if anyone needs anything, but it was never acknowledged. During those very meetings, other team members who were already quite busy would be given work, even though I had the most capacity, and it was only very occasionally that they thought to give something to me.

When I raised it during my review meetings, I was always told there are no issues with my work and the issue is finding work appropriate for my level of seniority. At first I believed that, but then I realised someone else at the same level as me was always busy, so I didn’t quite understand why he is constantly being given new work and I’m not.

It got to the point where I was the lowest performing member in the team, and one of the lowest in the department and firm. It was a real blow to my confidence as before I went on mat leave, I was one of the highest.

We’ve now had our annual bonus and pay rise - I didn’t get a share of the bonus that is given to the whole team because I didn’t record enough hours (the only one not to), and my pay rise is minimal.

The issue is I know it’s because I didn’t hit my targets, but I didn’t hit my targets because the work was just not made available to me, no matter how much I asked for it. And I feel like the work wasn’t made available because I was off for a year and I’m now seen as somewhat on the periphery rather than a full team member.

Could that be seen as discrimination, as the consequences of being treated differently to other team members following my return from mat leave has now had financial consequences, as well as a huge blow to my confidence. If I leave within two years after returning, I need to repay the advance mat pay. Otherwise, I would be looking for a new job right now.

OP posts:
massiveclamps · 27/06/2023 19:05

Wow. That looks like blatant discrimination to me.

Unsure754 · 27/06/2023 19:12

Yes, I would say so.
Maybe reach out to Pregnant Then Screwed and also Acas as this could be seen as constructive dismissal or hidden redundancy (this is what they called my situation).

Make sure you have copies of all info that shows you were the highest performing and now lowest etc, that you have requested more work.
I would say do this first my workplace tried to remove my access to this by taking my laptop and access.
Luckily, I knew what they were up to and had copies.

prh47bridge · 27/06/2023 19:13

It certainly sounds like it may be discrimination. If you want to leave, you may be able to argue that this means you don't need to repay any maternity pay.

BlueRedMouse · 27/06/2023 19:21

Thanks all. Just wanted other people’s opinions just in case I’m being paranoid.

Really good point about possibly being able to leave early without repaying the enhanced pay. Need to think about this.

OP posts:
fourlambbhunas · 27/06/2023 19:23

Absolutely discrimination! I'm so sorry you have to deal with that kind of treatment x

Tippingadvice · 27/06/2023 19:39

@BlueRedMouse yes this is discrimination. A key factor will be how work is allocated, if you can try to find data on new cases and who they are allocated to both pre and post Mat leave. This will show the type and number of cases you were getting and who is getting them now.

Jigglypufff · 27/06/2023 19:41

I think you def have an argument for discrimination, but you will need to gather as much evidence as possible.

Were any meetings recorded, did you officially ask for more work during an appraisal for example.

Timelines in discrimination cases are strict, so if you can’t claim maternity discrimination, you will be able to allege sex discrimination.

The employment tribunal is set up for litigants in person. So you might want to think before spending money on a solicitor.

I would make a subject access request asap, including requesting messages such as teams ones that mention you.

You only have three months less one day from the last act of discrimination to make a case. So speak to ACAS and start early conciliation, basically trying to get a settlement.

If your employer doesn’t engage in this you need to submit your claim.

Here’s some help for that

https://medium.com/adviser/starting-a-discrimination-claim-completing-the-et1-6ae5eef95469

Be mindful most discrimination cases are not normally massive pay outs so I would encourage you to try and do most of the work yourself rather than paying someone.

Starting a discrimination claim: Completing the ET1

This advice applies to England, Wales and Scotland

https://medium.com/adviser/starting-a-discrimination-claim-completing-the-et1-6ae5eef95469

Jigglypufff · 27/06/2023 19:44

You might want to think about raising a grievance and bringing your allegations through the proper channels.

You also need to speak to ACAS you can’t make a claim without notifying them first. So have a look on their website.

Time limits are so important for discrimination cases, you have three months less one day to raise a claim from the last act of discrimination.

Keeping the time limit is the highest priority.

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