Possible discrimination due to pregnancy

[mercator]

I've worked in my current role for 6 years and been looking for new position to a while. I am now 7 myths pregnanct and a month ago a new team was announced with a number of my colleagues. None of which were interviewed. I was not even aware of the position but part of my responsibility is going to this new team. The person taking the role is less skilled in this area and I would have thought I would be the obvious choice. Bar one thing I will be due to go off on maternity leave!

The company recently I.e. 4 weeks later advertised for 3 of the jobs post the event and announcements. Does this not rather stink?

Does is sounds like discrimination.

Can they take part of your responsibilities into a new team?
It sounds like they have no followed correct procedures and
What should I do now

do not want to blacklist myself?

Any advice would be gratefully received.

Should probably add that the role in my view is perfect for me and I am pretty miffed to have not even been asked or interviewed.

I think you need to speak to HR, has part of your role gone there permanently, or will you get it back after maternity leave eg have they just transferred it over so your maternity leave cover doesn't have to be trained on it? If you are planning on applying for flexible working after maternity leave it could potentially be beneficial for you, as you will be able to prove you have a reduced workload!

Again regarding you not being considered for the job, you need to ask the manager who recruited why you weren't considered, there may be another very good reason why you didn't get offered it, I wouldn't assume it was discrimination immediately (or at least that they can't justify it as not being )

Update. There I was just about to go and query it when they decided to make me redundant before I had a chance to query the role. Althoughnthey're offering a good severance package, I cannot clearly apply for a role or put it this way no one would offer me one when I'm about to go off on mat leave and redundancy effective the day before I am due to start mat leave. I lose my childcare tax allowance permanently as this has dropped. I'mpart time so that's going to be tough to try and replicate.

Oh you poor thing! I would contact Maternity Action for some advice.

Good luck - sorry I can't offer better advice myself but that organisation is great for these sorts of employment issues.

....Hmmmm it does smell a bit doesn't it? I went through a similar experience last year when I was made redundant on my return to work after maternity. From memory when there is 'restructuring' involving redundancy there should be a process of consultation that involves all those to be affected. You will probably find that because you are not yet on maternity leave they (your employers) have covered their backs with regard to the law, so that the regulations that are supposed to protect you while on maternity from discrimination do not apply.... crafty hey?

Please do not take my word for it and do go and get some legal advice. I had access to union advice, and legal advice through a workplace support scheme. I also talked to ACAS and a legal advice line via a package that I have with my bank. In the end I got a solicitor to word a very strong letter pointing out that my former employer was not acting in the spirit of the law. This got me a slightly better severance package than I might have walked away with if I hadn't challenged them.

Sorry to hear of your situation ... its a shame that women going on maternity are an easy target when it comes to businesses downsizing to cope with the recession. I hope that you get a decent package and that you are able to enjoy your maternity leave. It is worth thinking about retaining your professional networks, your portfolio of work, and thinking about any testimonials or references that you might need - for when you do decide to go back into employment. HTH :)

Oh what a horrible situation for you. Bit short on advice but just wanted to say it does sound fishy and needs investigating.

Try not to stress too much, feet up chocolate cake and the like...

Your employer made you redundant before your maternity leave began so that they would not have to offer you alternative employment.
However,under the Employment Rghts Act 1996, it is automatically unfair to dismiss a female employee for a number of reasons related to pregnancy, maternity or maternity leave. The fact that your employer has given a less skilled employee the role that you were ideal for, could be seen as evidence of the fact that your dismissal was pregnancy related.However to claim under this act you would have to meet the other qualifying reqwuirements for claiming unfair dismissal under The Employment Rights Act 1996.
You can also claim that your dismissal in such circumstances is unlawful pregnancy or maternity discrimination under The Equality Act 2010.
Imho, you were definitely discriminated against.