Restructure advice

[buggyqueen]

I asked this question on legal matters but realised that this section is more appropriate.
Just want some advice concerning my situation. I have been on maternity leave twice in the last three ish years with a 9 month gap between them and have returned from my 2nd m/l a couple of months ago straight into a restructure. I've been ringfenced for two jobs - one is the same grade as my current role and one is a grade lower. I've had the interview for the post that was the same grade and was unsuccessful. The other interview is imminent. I've applied for 3 other jobs and not been shortlisted. I've not had feedback to any of it despite asking for it twice. I haven't really done my proper job for approx 3 years as they asked me to work on something else when I returned after my first m/l. I know that someone else at the same grade as me who is on maternity leave has been slotted into a post at the same grade she is on. However, i feel that I am at a disadvantage because I am effectively in competition with people who have been working whilst I've been away. Is there anything I can do about this or is it just tough? Hope this makes sense!

Your friend has been slotted into a post because she is currently on maternity leave, so gets preference legally for available jobs. Unfortunately this extra protection ends the minute you return from maternity leave and it is right and proper to treat you exactly as everyone else.

If you feel you are being discriminated against because of your maternity leave, then that's illegal, however they don't have to make any allowances for you because you've been in and out of the workplace. It's either all or nothing - either you are still on maternity leave therefore get preference in terms of available jobs, or you are back from maternity leave and are treated like everyone else. There's no inbetween I'm afraid.

Do you have any reason to think you are being rejected for posts you are applying for because you took maternity leave?

Thanks Flowery

I just think I'm struggling because I've been out of my normal job for nearly three years and now I'm in competition with people who have been working for that time. If it had happened 2 months ago I would have been protected. Just seems unfair. I used to feel confident about my job and now think as a result of being on maternity I have lost that knowledge and confidence. Do they have a legal responsibility for giving me feedback? I feel uncomfortable going through another interview when I don't know why I wasn't shortlisted/successful previously.

There is no legal right to feedback and in many cases the feedback you get would be "wasn't strong enough candidate" etc has been vetted by HR and anything interesting/relevant removed so you can't sue them.

I'd suggest you ask for a meeting with someone in HR. There's no legal obligation for them to give you feedback, no. However I'd suggest you explain that you are keen to succeed in one of these roles and contribute further to the organisation, but are struggling because you've not been in the workplace for any length of time in the last three years.

Emphasise that you are keen to improve your chances but are struggling to get feedback and is there anything they could do to help you understand where you've gone wrong so far and how you can perform better.

Thanks seeyouokay - I guess if I'm not strong enough then I'd like to know what I can do to make me strong!! What type of thing will they take out to avoid me sueing them? What could I sue them for? (I'm not thinking of doing this just want to know)

Thanks Flowery - I've emailed to ask for feedback asking for help/support to improve my future chances of success.

I'm determined to keep positive on this no matter what is said

Do you have any reason to believe you might have some sort of legal case buggyqueen? Putting very little in written feedback might avoid giving you evidence, but only if there is a case in the first place. Do you get a feeling the decisions weren't fair?

I definitely don't have a legal case on this. I'm not convinced it has been totally fair but I wouldn't beable to prove it. I think they already have ideas of who they want but I'm not about to try and tackle it. I was just interested to understand what seeyouokay was getting at.
Just tough times I guess