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Original poster

Should I claim sex discrimination................

30 replies

Redtartanlass · 01/11/2005 14:33

I?m severely p*** off with my employers, they have just had a BIG nationwide meeting regarding redundancies in our organisation and I was not informed, despite reminding my line manager of her legal obligations to keep me in the loop when I went on maternity leave.

This and several other major incidents have tempted me to claim sex discrimination due to being pregnant. I really belive I have a case, and have evidence to back up incidents. They are a government department and should know better.

Has anyone ever gone down this road?

Was it worth it?
Do you still work in the same place?
How long did it take?
Is it ever mentioned when you have applied for other jobs?
Who did you use solicitor/union?
Was it financially worth it?

I would be grateful for any advice or experiences.

OP posts:
QueenVictoria · 01/11/2005 14:38

Its a tough one - i am going the grievance route with my (now ex) employers. Although mine is for different slightly different reasons but incorporated being kept out of the loop on important information.

I made the choice to because i knew deep down i wasnt going back. If i had gone back i think i would have found it unworkable having gone grievance. Thats just my opinion though.

Original poster
Redtartanlass · 01/11/2005 14:49

thanks qv, to be truthful, there is no way I want to go back and am already applying for other jobs. Even though dd is only 11 days old!! The thing is I get 6 months full pay maternity leave.

How far dwon the grievance procdeure are you, and do you have another job? Do they know about the grievance procdeure. Sorry...so many questions, I'm just a bit wary that if I go down the sex discrim route other employers may be 'scared' to employ me.

OP posts:
QueenVictoria · 01/11/2005 15:11

ONly just starting. I initially did a "whistleblowing" complaint to my line managers boss but it has been largely ignored. I am now in the process of writing a formal grievance letter. I am getting some help from my DB's GF as she is a trainee solicitor which has helped me tremendously.

I am currently not working (thats how much i couldnt face going back - i left without finding something else first) but im only looking for shift type work. I dont know how much a supermarket will want to know about the xmas temps they employ.

My view is that if they are scared to employ you then its likely they are much like your current employers IYSWIM and not worth bothering with.

QueenVictoria · 01/11/2005 15:11

ONly just starting. I initially did a "whistleblowing" complaint to my line managers boss but it has been largely ignored. I am now in the process of writing a formal grievance letter. I am getting some help from my DB's GF as she is a trainee solicitor which has helped me tremendously.

I am currently not working (thats how much i couldnt face going back - i left without finding something else first) but im only looking for shift type work. I dont know how much a supermarket will want to know about the xmas temps they employ.

My view is that if they are scared to employ you then its likely they are much like your current employers IYSWIM and not worth bothering with.

Original poster
Redtartanlass · 01/11/2005 20:10

bumping for evening mumsnetters, or are you all watching property ladder!

any advice willingly accepted.

good luck to you qv

OP posts:
Original poster
Redtartanlass · 01/11/2005 21:34

bump

OP posts:
aloha · 01/11/2005 21:35

Have you actually lost out due to being pregnant though, or are you just annoyed? Ie have you been demoted or lost your job?

albosmum · 01/11/2005 21:39

I was advised this route was open to mee but decided it was not worth the stress or harassment - morally i should have pursued my employers for future employees

albosmum · 01/11/2005 21:39

I was advised this route was open to mee but decided it was not worth the stress or harassment - morally i should have pursued my employers for future employees

Original poster
Redtartanlass · 01/11/2005 21:44

I haven't lost out but...

  1. Was set the same annual targets as my collegues, even though they will be impossible to meet, due to mat leave.
  2. They have broke the law re:health & safety. Did not do a safety check.

I understand the only route available is sex discrim.

OP posts:
Original poster
Redtartanlass · 01/11/2005 21:44

I haven't lost out but...

  1. Was set the same annual targets as my collegues, even though they will be impossible to meet, due to mat leave.
  2. They have broke the law re:health & safety. Did not do a safety check.

I understand the only route available is sex discrim.

OP posts:
Original poster
Redtartanlass · 01/11/2005 21:45

why is everything posting twcie?

OP posts:
QueenVictoria · 01/11/2005 22:09

Was it necessary to do a H & S check though?

Original poster
Redtartanlass · 01/11/2005 22:14

It's legally necessary and yes, I was driving many miles a day visting employers right up to 8 1/2 months pregnant, when i told them i was not doing it anymore.

Worked from office from then on and discovered Mumsnet...so not much work got done

But the point is, they should have done H&S check

OP posts:
WhizzzBangWhizzz · 01/11/2005 22:21

What they should have done is a Risk Assessment - looking at all the aspects of your job and how your pregnancy affected what you could & couldn't do safely. This should have included travel. Did they do any sort of assessent ?

edam · 01/11/2005 22:32

You need to talk to a solicitor. If you are a member of a union they may be able to provide legal advice so that's a good place to start. You may be able to come up with an agreed reference that will be used if you ever cite this employer as a referee for future employment - ie they keep a reference that you have agreed between you on file and that is the only one that is ever sent out. So when you apply for other jobs you can be certain what is being said. As you are on maternity leave it should be fairly easy to finesse the reasons for leaving - I would imagine 'oh, I sued my employers for sex discrimination' not being something you want to mention at first interview.

edam · 01/11/2005 22:33

And if they do offer you redundancy, then that's a perfectly respectable solution to 'what do I tell future employers' - you were made redundant.

Original poster
Redtartanlass · 01/11/2005 22:43

Brillaind advice Edam, thanks

WhizzzBangWhizzz - no they did NO assessmnet, despite giving me a handout telling me they were legally obliged to

Also, on their intranet their HR have an advice leaflet on how Managers can keep their mat women "in the loop", i printed a copy off and gave to my line manager. As when I was on mat leave with ds2, they left me out of everything.

They just haven't learnt and think they can get away with it!!

OP posts:
sickandtired · 02/11/2005 09:13

similar thing happened to me, in that I actualy saw my job advertised at a recruitment agency (and I was in HR, the manager of the dept!) I spoke to my director and high tailed it back to work when ds was 8 weeks old to try and secure my posistion. It was horrible, really horrible, they had basically decided that as I had had a baby I had lost my "killer" instint (we were going through a huge rationalisation), eventually I requested VR, and they wanted to give me a compromise agreement, to stop me taking them to tribunal, which I did for some extra money

Stick to your guns, if you need any advice cat me

Original poster
Redtartanlass · 02/11/2005 09:20

bloody hell s&t can't beleive that would happen in the 21st century. At least my complaint is through their ignorance/laziness not through maliciousness.

i heard somewhere that if you win at trbunal for this, you get 3 X times annual wage. o you know if this is right?

OP posts:
QueenVictoria · 02/11/2005 09:49

Ooh that would be nice rTL!

foxinsocks · 02/11/2005 10:00

In my last job, I travelled extensively (including overseas). They asked me what I wanted to do re the travel when I got pregnant - I requested that I didn't do overseas stuff from 12 weeks pregnant onwards and that was accepted (I could have done it if they had really wanted me too but I hate flying anyway so was relieved to be excused from it!). I still travelled nationally (all over UK) till I went on maternity leave. I don't think being pregnant would be reason enough not to do UK travel (unless you had other additional health reasons).

I understand you are saying that they didn't do the check but it doesn't sound like you were put in danger because of it.

In your shoes, I would make a meeting with your manager and tell them what you think and see what their response is.

ToshyTinker · 02/11/2005 11:55

Agree with fis. Did you tell them what you were prepared to do and what you wouldn't do? I travelled until 38 weeks but my choice, there would have been no problem if I'd said I didn't want to - also govt dept.

albosmum · 02/11/2005 13:23

like sickandtired i had to sign a compromise agreement - VR a bit of extra money

QueenVictoria · 02/11/2005 16:47

I do believe you have to go grievance before you can actually go to arbitrators/tribunal anyway dont you?