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Original poster

Maternity discrimination

15 replies

Mamofboyd · 21/01/2023 19:07

Sorry this is quite a long one but I would love some advice. I currently hold a senior role in a medium sized organisation. I told my boss i was pregnant when I was 8week . I wanted to give the organisation as much time as possible to look at maternity cover. My role is very demanding and would require significant training. My boss suggested a girl within the organisation who wasn't involved in anything specific at the moment (she is currently in a more junior position).

I held my first meeting with her when I was 12 weeks. At the meeting I disclosed I was pregnant and would be going on maternity leave. She firstly challenged me on why she wasn’t notified of my pregnancy and then stated it was unfair to her that I would return to work and she would have to give up this post. I spoke to HR and told them I was unhappy with these comments. No action was taken.

A week later my boss told me that her role would be permanent in my team. He said I wouldn’t be able to work the current way I work when I had a baby. It was pitched to me as a positive. I advised that I was not comfortable with this and that I didn’t want any of my duties or responsible diluted. I again spoke to HR and nothing was done. I was made to feel like a nuisance.

i ended up taking a month sick leave with stress. This is my 4th pregnancy (following 3 miscarriages). In January when i returned to work our internal directory had been updated and she had been given same job title as me. When I spoke to my boss he said this has been done in error and it was deleted.

There is absolutely no business need to this post to be permanent. All my performance reviews have been exceptional and the project I run is extremely successful and I fully intend to return to my post. There would not be enough work for the two of us. The gaps in my team are at a much lower administrative level.

I really don’t know what to do anymore. My boss is treating this as me being difficult. Does this seem like maternity discrimination? Any ideas what I can do next? It is causing me a lot of stress. Thank you

OP posts:
Scalessayeek · 21/01/2023 19:12

It all depends on how much maternity you’re taking whether you have the rights to return to the same job and roles I believe. Even if you do return to the same job and role there isn’t any law to say they can’t employ two people. Will you be returning to full time hours?

Original poster
Mamofboyd · 21/01/2023 19:15

I will be taking shared maternity leave with my husband. So taking 6months. My current roles and responsibilities will be reduced with this new addition to the team. Which only came about because I was pregnant.

OP posts:
Scalessayeek · 21/01/2023 19:16

This may help OP, looks like even if you take over 26 weeks they would have to offer you your role if it existed (although this would be same terms so same hours).

maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/

Original poster
Mamofboyd · 21/01/2023 19:17

Will also be returning to full time hours. I have never discussed reducing my hours. My boss suggested it would be difficult for me with a baby at home. I doubt any male staff were asked the same question.

OP posts:
CharlotteRose90 · 21/01/2023 19:22

I don’t think it’s discrimination as your job is still there. You will just be sharing with another person. Presumably on the same wage etc. I actually feel sorry for the other person as I’m guessing from her reaction that she wasn’t told it was a maternity cover just another job. It wouldn’t be fair to her to cover your job and then drop back down to an admin job. She has rights too. I would speak to HR but both of you can cover the role in my opinion.

rwalker · 21/01/2023 19:37

I think your looking for problems that aren’t there
she was given the impression it was a permanent job then she found out it was temporary hence the comments .HR did nothing because she did nothing.

if the higher ups want to put another senior post in your team it’s up to them

Sorry but you coming across as power mad

tbh you need to lay off her or she’ll be the one going to HR for bullying

whistledowntheway · 21/01/2023 19:43

Mamofboyd · 21/01/2023 19:07

Sorry this is quite a long one but I would love some advice. I currently hold a senior role in a medium sized organisation. I told my boss i was pregnant when I was 8week . I wanted to give the organisation as much time as possible to look at maternity cover. My role is very demanding and would require significant training. My boss suggested a girl within the organisation who wasn't involved in anything specific at the moment (she is currently in a more junior position).

I held my first meeting with her when I was 12 weeks. At the meeting I disclosed I was pregnant and would be going on maternity leave. She firstly challenged me on why she wasn’t notified of my pregnancy and then stated it was unfair to her that I would return to work and she would have to give up this post. I spoke to HR and told them I was unhappy with these comments. No action was taken.

A week later my boss told me that her role would be permanent in my team. He said I wouldn’t be able to work the current way I work when I had a baby. It was pitched to me as a positive. I advised that I was not comfortable with this and that I didn’t want any of my duties or responsible diluted. I again spoke to HR and nothing was done. I was made to feel like a nuisance.

i ended up taking a month sick leave with stress. This is my 4th pregnancy (following 3 miscarriages). In January when i returned to work our internal directory had been updated and she had been given same job title as me. When I spoke to my boss he said this has been done in error and it was deleted.

There is absolutely no business need to this post to be permanent. All my performance reviews have been exceptional and the project I run is extremely successful and I fully intend to return to my post. There would not be enough work for the two of us. The gaps in my team are at a much lower administrative level.

I really don’t know what to do anymore. My boss is treating this as me being difficult. Does this seem like maternity discrimination? Any ideas what I can do next? It is causing me a lot of stress. Thank you

Yes, I can see why you're feeling like this OP. Especially with the comments and assumptions regarding how you'll perform once back. Will your role as it currently is still be there once you're back? How are other parents treated once they return from mat / pat leave? You could always drop 'pregnant then screwed' a call to see if they can offer any advice

carryingawatermelon · 21/01/2023 19:44

This may help: www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/returning-to-work

So it seems to come down to whether your role is changing as a result of a second person doing the role. It sounds like yes, this is the case, as there isn’t enough work for you to work as the same capacity / level if there’s a second person doing it.

Are there key parts of the role that you can see being lost or diluted? That’s where I’d start in talking to HR, as that seems to me to constitute a change in role. Then can you prove that this is happening due to maternity leave? It sounds like it certainly is, but could your employer argue that they always intended to add more people to the role?

Walrus6 · 21/01/2023 19:53

@CharlotteRose90

It wouldn’t be fair to her to cover your job and then drop back down to an admin job. She has rights too.

It’s perfectly fair and it doesn’t infringe her rights. It’s really common for businesses to cover maternity leave with someone internal who will ‘act up’ or be ‘seconded’ for the period someone is away and then usually return to their old role. Perfectly fair and legal

yousmellnice · 21/01/2023 19:57

If you return to work before 26 weeks of leave you are entitled to return to exactly the same job on the same terms and conditions as you were doing immediately before your maternity leave.

yousmellnice · 21/01/2023 19:59

I do agree she should have been told it was maternity cover. Also don't refer to her as a "girl"in the office. But yeah, they are being g a bit sneaky here OP. I'd document everything.

Original poster
Mamofboyd · 21/01/2023 19:59

rwalker · 21/01/2023 19:37

I think your looking for problems that aren’t there
she was given the impression it was a permanent job then she found out it was temporary hence the comments .HR did nothing because she did nothing.

if the higher ups want to put another senior post in your team it’s up to them

Sorry but you coming across as power mad

tbh you need to lay off her or she’ll be the one going to HR for bullying

I’m unclear how you have reached that conclusion. My issue is that my current contracted roles and responsibilities will be significantly reduced. You can’t reduce someone’s current responsibilities because they are pregnant. This role was only created because I am pregnant. There has been no discussion in the past 6years I have held this position of any additional team members at this level.

OP posts:
Original poster
Mamofboyd · 21/01/2023 20:02

whistledowntheway · 21/01/2023 19:43

Yes, I can see why you're feeling like this OP. Especially with the comments and assumptions regarding how you'll perform once back. Will your role as it currently is still be there once you're back? How are other parents treated once they return from mat / pat leave? You could always drop 'pregnant then screwed' a call to see if they can offer any advice

Show quote history

Yes the position will be there. There won’t be any change to the project. Same size same budget. I am one of the youngest staff members and one of few female. The others are mainly a lot older (teenage children) or male. I am the first senior female to be pregnant since I have joined the organisation.

OP posts:
OzziePopPop · 21/01/2023 20:02

Google ‘pregnant then screwed’ they’re a charity who deal with maternity discrimination, they will be able to tell you if you have a case.

CharlotteRose90 · 21/01/2023 21:05

Walrus6 · 21/01/2023 19:53

@CharlotteRose90

It wouldn’t be fair to her to cover your job and then drop back down to an admin job. She has rights too.

It’s perfectly fair and it doesn’t infringe her rights. It’s really common for businesses to cover maternity leave with someone internal who will ‘act up’ or be ‘seconded’ for the period someone is away and then usually return to their old role. Perfectly fair and legal

If you read my post I said it wasn’t fair only she hadn’t been told it was maternity cover.

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