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

how did you find out that successful job applicant was recommended to hiring manager?

does it have an intranet where job vacancies are put?

Yes, there is no standalone law, but it's covered in the Equality Act.

Sorry just getting through questions now. A friend of mine told me she recommended them.

And yes we have an internal site where jobs are advertised. I can only access it via work laptop which I’m not using regularly atm.

but this friend didn’t tell you about this job vacancy? or didn’t know about it?

does the company have an intranet?

your friend recommended to the hiring boss this person?

She had a verbal conversation in the office with the person who was hiring for the job, and mentioned her friend who was looking for work

but your friend didn’t mention to you the job? let alone recommend you?

they must have been recruiting for the position of your recommended someone

do you know how? intranet?

Just to clarify again - I’m not sure if it was advertised or not. I have alerts on certain recruitment sites (eg Indeed, LI) and never got anything come through. We don’t have an intranet but do have an internal site that we can access via our work computers

i think you need to establish whether advertised

and you can’t access internal site remotely? (and see vacancies advertised on it?)

it’s a shame your friend didn’t mention to you!

Equality Act 2010 Section 39. Amongst other things, this says that an employer must not discriminate against an employee with a protected characteristic (maternity in this case) by not giving them access to opportunities for promotion, transfer or training. There is nothing in the legislation that confines "promotion" to jobs that are a direct promotion from the employee's current position.

so you think any and all jobs that are senior to the OP even if of no relevance to her and in a completely different area of business?

😬 <- me waiting for someone to challenge this poster that they are wrong

As far as I know opportunities should be made available to all. I’m assuming you checked your emails. Is there anything you can do now? Has job been offered to another person and accepted?

Sorry hold on, you still have a work computer and log on at irregular periods, so you could habe accessed it as normal?

I have a work laptop, as hybrid work. It’s been in a cupboard in my house since I stopped working.

Any job for which she would have been able to apply if she was not on maternity leave.

@prh47bridge is correct.

I may now be retired HR, but for at least 30 years the policy I applied was to notify women on mat leave of all vacancies. I have been involved in many internal promotion exercises where the successful candidate was on mat leave.

Women make up 51% of the population and so workforce, it is ridiculous that in 2024 some employers are so antiquated in their approach to keeping in touch during mat leave.

you have access to the internal site where jobs are advertised?

did you ask your friend why she didn’t mention to you the role?

did you ever work for a very large national company? if so, did you advise for all across the Uk? was there any parameters? and how were they told? emails to personal email address? intranet? genuinely curious

I don’t know why people are asking about the intranet as if that makes a difference. You are on maternity leave, ie not at work so it’s unreasonable to expect you to be using the intranet anyway.