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Missing out on promotion while on maternity leave

8 replies

isabelladeste · 05/06/2012 13:01

Here's the situation - I'll try and be brief (!):

I have worked at a small company as an assistant editor for 6 years. I had a baby last November and am due back in December.

When working, I lived in London during the week, but now I live full-time about 2 hours commuting distance away (so there's the added complication that Id like to request flexible hours by working from home 2 days a week, but that's another issue I guess).

After years of waiting, the position of editor has opened up and, had I not been on leave, the job would automatically have gone to me. Editor roles come up very very rarely in my company - it could be years before another job is available.

However, my boss just emailed me to tell me the job was available but said "I'm just telling you out of courtesy that the job is free but of course, for logistical and other reasons, you won't want it."

I realise that the same issues apply when I'm due back in December but I hope to have a solution to childcare by then as my mum is moving south and we hope be have moved closer to London then..but we can't do that quickly enough for me to start work as soon as this promotion job would require.

My boss wants it filled as soon as possible and there are several eager young (child-free!!) people ready to jump at the chance to move up in the company and can do so immediately. I have also heard through the grapevine that my maternity cover is so popular with my boss that she is keen to keep her on in the company permanently. I have visions of returning to work as a lowly assistant while my maternity temp cover lords it over me as an editor, which I find heartbreaking!

Anyway, the crux of the matter is this: do I have any rights in terms of saying 'please keep the (promotion) job open for me until I'm officially due back' or am I just a victim of bad timing and nothing can be done?

OP posts:
isabelladeste · 05/06/2012 13:31

Sorry-I should have put at the top - 'please can anyone advise me'! And thank you at the end! Blush

OP posts:
BlackandGold · 05/06/2012 13:33

Hi there

Surely you are entitled to apply for the job whilst you are on Maternity Leave?

If you get it then you could consider at what point you want to return to work.

flowery · 05/06/2012 14:13

You don't have any right to insist they don't recruit anyone until December, but you have as much right to apply as anyone else, and the fact that you are currently on maternity leave is no reason not to give it to you.

If necessary, you can be appointed to the job but someone else act up to cover the post until you're back.

WipsGlitter · 05/06/2012 14:17

If you want the job apply for it. Once you've got it sort the details out.

HappyCamel · 05/06/2012 14:41

You can apply but I'm worried that you think it would automatically go to you. They will always have to consider all applicants equally in terms of their abilities to do the job.

Child free people aren't always the best to appoint anyway, that just means they might be off for a year at some unpredictable point in the future, or may quit, emigrate etc.

isabelladeste · 06/06/2012 13:28

Thanks all. As it happens I'm going in for my 'interview' today. I think the problem is that the issue of my being suitable for the job is not at stake for a number of reasons: everyone who has done my job has moved up to editor, I've been effectively doing the job, plus being an assistant for several years, and when the last opening came up about 5 years ago I was told that it would have been mine only my boss had promised the job to some one who had left the company previously. It's quite an idiosyncratic place to work and people are hired on whims with no real interviews.
This is why I'm worried my boss will just quiz me on when I can start and if it's not immediately she say I can't have the job. It's all about timing rather than suitability if you see what I mean...

OP posts:
flowery · 06/06/2012 13:33

If she says you can't have the job because you happen to be on maternity leave for a few months that would be illegal discrimination, simple as that. If she does quiz you, just say you still plan to return from maternity leave in December and would be happy to work with her to identify how the role could be covered in the meantime, if they definitely need someone starting in the role sooner than that.

Any reason your maternity cover couldn't have her contract extended for a few months to cover it, for example? Or one of the other staff act up in the role? It does sound like there are options.

holidaysarenice · 12/06/2012 02:53

you have as much right to apply as anyone else does. your logistics should be kept out of it the same as an outsiders would. respond with an i am interested, and have the logistics under control type polite email.

apply anyway and then worry about the rest. he cant not give it to u jsut cos u cant start yet.

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