Looks like I'm being passed over for promotion

[LilJ]

Sorry this is a bit of a long vent ...

So my boss was promoted about a month ago and told me he was creating a new position above mine that would oversee my division and another division (I do PR & marketing for a publisher). I said I wanted to apply and he basically brushed me off and told me I could apply along with everyone else interested in the position - I'm the only person in the company actually qualified for the job. The job got posted late last week and it is my job exactly! Except for two divisions instead of one.

So not only am I facing sexual discrimination if he doesn't even consider me for the new job (looking likely as my kick-ass application letter has so far been completely ignored), my job looks like it's being made redundant at the same time (despite his assuring me that my role wouldn't change at all - how can it not if all my current responsibilities are to become this new position's responsibilities??).

I'm due in November and planned on going on leave in late October. Have spoken with employment solicitor (male) who basically told me that although it seems I might have a strong case, it's very hard to prove and I may not want to undergo all the stress of it right now (poor little pregnant lady that I am) and maybe should wait until I return from maternity leave before taking them on.

I'm so furious I just want to scream. They don't seem to realize that even though I'm pregnant I'm perfectly capable and happy to sue the living daylights out of them!

[dyzzidi]

IMO the stress of letting tehm get away with it would be worse. you go for it and sue the backsides off them.

[Redhelen]

Your job can not be made redundant - or morphed into something similar whilst you are pregnant or on mat leave (generally unless it is company wide)- it sounds to me they are setting them selves up for a winnable discrimantion case. Do yourself a favour and keep copies (at home) of every thing relevant. Suggest to seek out a specialist/female solicitor - acas might help or even citizens advise in the first instance.

[KiwiKate]

Get the advice of a specialist labour lawyer. Same thing happened to a friend of mine (in New Zealand). By the time the lawyer got involved she decided she didn't want to work with such a bunch of (&^)((& anyway. Lawyer got a great settlement for her (no need to go to court or anything)

[bythesouthsea]

God this makes me so angry - they should be accepting your application and processing it the same as everyone else's. They are on very sticky ground. We have had a few similar cases @ work at the moment and 1 in particular very similar. Collegue went to lawyer and is now going through grievance with the company etc.. Go for it girl - do not let them win!

[koalabear]

As Redhelen says, they can't change anything about your job whilst you are pg or on matleave. Also, they can't make your job redundant, and then hire someone else to do exactly the same thing (very big no no in employment law)

See a different lawyer.

[SaintGeorge]

Can I just play devil's advocate for a second?

"I said I wanted to apply and he basically brushed me off and told me I could apply along with everyone else interested in the position.."

I can't actually see anything wrong here. Most firms I have worked for have had a policy of always advertising posts, regardless of having someone qualified and obvious for the job in-house.

IMO you would be jumping the gun a little if you start shouting discrimination before the post has even been filled.

[koalabear]

oh, my misunderstanding - didn't read the post carefully enough - definitely wait to see if you get interview

[sis]

At this stage, I am with SaintGeorge - unless, your employers regularly promote people without advertising the position. If you are worried that you are being set up for discrimination, make sure you keep clear diary notes of who said and did what and when - including names of anyone else who was copied in on any correspondence or witnessed any action - it is be invaluable if the matter comes to a tribunal hearing.

[LilJ]

Thanks for all the advice!

I've decided I'll probably wait and see what happens and deal with it when I return from maternity leave - that way I'm guaranteed my maternity pay and can probably negotiate my way out of here when I return. I doubt they'll be able top find someone qualified to start much before I go on leave anyway

I'm still being completely ignored and my application for the promotion hasn't even been acknowledged, but keeping track of all goings-on and have taken all paperwork home so I'm ready to take them on as soon as I need to. The b*stards.