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Having problems with employer on return from maternity leave, is there any free legal advice out there?

3 replies

Sunstella · 07/03/2012 17:58

If the below seems too long to read and you know where to get good free legal advice I would really aprecciate it.

I'm due back at work at the beginning of May, after 12 months of maternity leave. I work for a small estate agency as Lettings Manager. When I attended company's Xmas party, a colleague who looks after my department while I'm on leave said out loud, so everyone at the table heard, that I will be coming back to work in a different department. I was angry and shocked, but the following week I had a meeting with my employer who said they do not want me to come back to my original role, and if I did there would be new targets and I would be fired if my department failed to achieve them. He said that a position in another department would be available. When I wanted to know more details re salary, company car etc. he said that he would email me (never did) and that no decision needs to be made now as it's too early and we will discuss it 2 months prior to me coming back to work.

So I had my meeting on 20 Feb, he was mostly talking about the other position etc. When I asked about my old job, he again mentioned the targets and that as a new mother I might not be able to concentrate on the job, and I that I would be asked to leave if my department does not meet the targets. Problem is that the other job he proposes is less paid (same salary but no commission), car for business use only. I've tried to negotiate, we've exchanged a number of emails, I said I should be offered a job on the same terms. Then he says I am welcomed to come back to my old role, again that if the targets are not met I will be instantly dismissed. The issue is that we have not met targets in the past as I was working with a colleague (also on maternity leave now) who was not pulling her weight and my employer said a number of times she will have to leave, now he is telling me she might return to work in our department and I will be responsible for performance of both of us.

Is it just me thinking I am being discriminated, or am I really being treated unfairly? I would like some advice on how to proceed/deal with this situation. Is there anywhere free legal advice available? I no longer get any maternity pay so money is tight :( I've read all the info available online but is all very general and I would probably need someone with more in-depth knowledge.

Thanks for your time :)

OP posts:
hairytaleofnewyork · 07/03/2012 18:17

This is unfair. You are entitled to your old role back unless not practical and their comments about being a new mother and not coping are not good enough (and are sexist and inappropriate and discriminatory).

Furthermore the can't instantly dismiss you if you have two years' service (they would run a serious risk of am unfair dismissal case). If they had issues they would need to follow their disciplinary procedure unless it was gross misconduct.

soda1234 · 08/03/2012 16:57

Sunstella, this all sounds v dodgy, why not call your local CAB and ask for an appointment, I'm sure they will be able to advise you.

wotuc · 08/03/2012 23:17

Sunstella - I will private message you with advice and details

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