Mat leave discrimination?

[JamesWonder]

Hi,

Would appreciate some advice please.

I’m on mat leave and recently found out that my employer had hired someone external into a job I would have applied for had I been at work/known about it - it would be a promotion for me.

I didn’t see the job advertised and they didn’t tell me it was open. Before I went on mat leave I made it clear to my manager I’d be open to cutting my leave short if any opportunities came up.

I read that the onus is on the employer to inform employees of promotion opps when they’re on maternity leave.

Anyone wiser and more qualified than me able to tell me if they’ve done something wrong, or if I’m just overreacting and it’s tough that I missed the chance?

TIA

I mean this gently but the reality is if they wanted you for the job they’d have approached you, they knew. They didn’t tell you not as you were on mat leave, but as they were never giving you the job;

however they should have let you know, and they should have went through the motions.

absolutely NO discrimination here whatsoever in ANY shape or form

Yes they should have told you. We always tell everyone of any job that comes up on mat leave, even if it's a much lower grade, just to be on the safe side.

Thank you. I agree that I was never getting the job - just would have been nice to have the chance to apply at least.

Thankfully you’re not a manager!

Yes, OP, you’re correct. Legally your employer should contact you about any promotion or other job opportunities that come up, explaining what you need to do to apply.

Thanks - I think sometimes people confuse their own opinions with what’s legally correct…

the requirement to advise you re promotion opp is confined solely to your position

Can you elaborate on this please?

unless this promotion was directly linked to your specific position.
then no onus on employer to advise you of opps that might be of interest to you

for instance
you are a junior admin assistant
and a senior admin assistant role in your team becomes available

How do you usually find out that jobs are available?

Do you really want them contacting you about every role that comes up?

At our company we have a website that you can access from any device and they are advertised there. If we contacted Mat leavers with every job, it would be every few days.

Also interested in, doesn’t mean that you would have fit the criteria. When we got a new CIO and CFO they weren’t advertised internally as we know what qualifications were required and no one in the company had them.

This isn’t true. Why do people post about topics in which they have no idea! Especially when it’s a legal matter that is easily disproved.

While you're on maternity leave your employer must tell you:

1. if jobs are being advertised
2. of any promotion opportunities
3. if they're planning redundancies or reorganisation

Got it. So this job is directly one step above me, and is a job that I’ve effectively been doing already for a while.

Not a huge company. UK HQ of an international firm, and fairly small (around 20 people).

Usually there’s discussion in the office, senior leadership will make us aware roles are open. Would usually also see it on LinkedIn, if it was put on there I missed it.

We have a question on our form asking if the person would like to be contacted about job opportunities when on Mat leave.
If they say yes they have to provide a contact email as their work email is suspended until they return. We also specifically ask whether all roles or just those in their current department.

So you don’t know if they advertised it through usual channels? Which you also have access to?

and it’s a small amount of people so there’s a chance you simply don’t fit the criteria?

I haven’t been checking it day in, day out. Which I thought is why the laws are in place, as you can’t be expected to do so whilst on leave, surely?

I do fit the criteria. I’ve been doing this job on an ad hoc basis for about two years already, and standing in for my manager when she’s away for meetings/OOO.

You are correct, while on maternity leave your employer should be sending you ALL job opportunities within the business. I would get weekly emails (huge multinational bank so lots of jobs coming up).
I would email them to let them know you are disappointed you weren't contacted.

But they don't have to contact you directly - only to put the opportunity out via their usual channels. If the usual channel is their website, intranet or whatever, people have to take some responsibility to check.

In the OPs case the job went to an external applicant so it was presumably advertised on whatever job websites they choose to advertise on.

I should add: the person who got the job was “recommended” to the hiring manager by someone I work with. So I’m not sure if it was advertised at all.

So on my nhs mat leave from nhs they should have been in touch and told me about EVERY vacancy band 2 to 8?! That would be a lot of contact, especially if they had to do for everyone on mat leave!

No, they just have to give people on mat leave the same opportunity that others receive. In the case of the NHS they just advertise the job in the usual way on NHS Jobs. It is up to individuals to check for relevant vacancies.

Some people seem to think that employers have to spoonfeed them at every turn which is just not the case. They just have to give all staff the same opportunity.

Unfortunately a few people on this thread are quite misinformed.

While you are on Mat leave your employer must tell you about jobs being advertised and promotion opportunities.

You told them in advance that you want kept informed about opportunities and they agreed.

Failing to do so is discrimination.

You should contact ACAS for advice on how to approach this. Their helpline is free 0300 123 1100

Here is more info about your rights.

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/while-youre-on-maternity-leave

I'm afraid you are misinformed

www.acas.org.uk/your-maternity-leave-pay-and-other-rights/while-youre-on-maternity-leave

Thanks for sharing.