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Original poster

Discrimination ? - your thoughts please

18 replies

lorre · 21/04/2006 12:43

I am due to go back to work shortly after the birth of my first child. I have been called into work for a meeting and have found out that they want me to swap jobs with someone else. I have also found out that there have been a few changes to my job since I went on maternity leave and that the reason for the swap is that they don't think I will be able to handle the extra work now that I have a baby. Years ago I was told that I couldn't have children so my DS was a bit of a surprise (albeit very welcome) and my job was my life before and I put heart and soul into it. It is true that I will struggle working full time and looking after a baby but financially there is no other option and I have good childcare arrangements. My career prospects will be diminished if I agree to the swap and I feel a bit miffed tbh that they don't think I am up to the job anymore. Is this discrimination or are they just trying to make life a little easier for me ?

OP posts:

fairyjay · 21/04/2006 12:44

Have you kept in touch with them whilst you've been away?

Original poster

lorre · 21/04/2006 12:47

Yes I have kept in touch with my boss and some of my colleagues

OP posts:

FairyMum · 21/04/2006 12:49

They cannot decide that you can't handle the work because you have a baby. You are entitled to your old job back. If they are actually telling you it is because of your baby they want you to swap, yes then it is discrimination.

KTeePee · 21/04/2006 12:50

Sounds like discrimination to me - unless you yourself would prefer a less challenging role. The Maternity Alliance website might be a good starting point to get some advice.

Your employer might have good intentions however. My boss moved me to a different office just before I had my first - closer to where I live. I wasn't keen initially as I thought the work might be less challenging, but he was probably right that the commute to my original job would have been too much (and he did promote me at the same time so I couldn't really complain!)

starlover · 21/04/2006 12:50

as I recall you are entitled to your old job back

Uwila · 21/04/2006 12:56

Flat out discrimination. I'm on your behlaf. Are you going back withing 6 months? If so, they are legally required to give you back the very job you left. If returning within 12 months, then they have to give you an equivalent one.

I have two kids. My maternity leaves were respectively 2 weeks and 3 months. I am just as dedicated to the job as I ever was. And if any man at work suggests otherwise to my face, he will get some harsh words in return.

Deffo deffo discrimination. Don't accept this change.

Original poster

lorre · 21/04/2006 13:00

Its just slightly over six months

OP posts:

Uwila · 21/04/2006 13:06

So, you actually went onto AML? That's a pity. I believe this means they only have to give you a comparable job. Perhaps they need to be shown that you are still dedicated to your career. I know I always had to demonstrate that I was still committed. It iritates me. Men don't have to do this. But, nonetheless, it was in my interest to convince them I was still available for work just as I used to be.

starlover · 21/04/2006 13:08

ADDITIONAL MATERNITY LEAVE

An employee who returns to work after additional maternity leave is also entitled to return to the same job on the same terms and conditions as if she had not been absent, unless a redundancy situation has arisen (see Section 9).

If, however, there is some reason other than redundancy why it is not reasonably practicable for her employer to take her back in her original job, she is entitled to be offered suitable alternative work.

Employees who wish to vary their working pattern on return from maternity leave have the right to request a flexible working pattern.

starlover · 21/04/2006 13:11

However, if there is some reason why it is not reasonably practicable for her to return to the same job she should be offered a similar job on terms and conditions which are no less favourable than her original job.

so... you say your career prospects will be diminished in the new position... that means that it is less favourable than your old job, and as such you would be able to dispute it

Whizzz · 21/04/2006 13:12

I'm not entirely sure but I thought they had to give you a job of equal status on returning - usually it is your old job back but in our company I think its worded along the lines of 'equivalent position'

Does sound like discrimination tho if they have made up their minds in thinking you couldn't cope

Original poster

lorre · 21/04/2006 13:13

Thanks for all the messages everyone

OP posts:

FairyMum · 21/04/2006 13:17

6 months is 26 weeks isn't it? That's statutory and means you can have the same job back. Also the reason they give to give you another job is not a good enough reason. Normally company's try to be clever and get around this, but your company isn't even being smart about it I'm afraid.

Uwila · 21/04/2006 13:26

And, if they were to make you redundant from the position, then no one else can fill the position.

Starlover, are you sure? I thought that after 26 weeks, she had a right only to a comparable job.

Uwila · 21/04/2006 13:26

Oh, but I agree the job being offered is not comparable.

starlover · 21/04/2006 18:42

uwila... i got that from the DTI site! so am pretty sure it's correct.
there hafve been some changes recently

Uwila · 21/04/2006 21:45

Well, cool. I'm happy to be wrong. That's good news for lorre.

RuthT · 22/04/2006 09:34

Forget the legal stuff and the wounded pride you need to decide if you want the role.

You also need to understand why they made the changes to your original job and on how much of the role has changed. Is it now a different level?

They should not have moved you into another role without discussing this with you so you could argue for the role as long as it is not substantitively different. If it is substantitively different it is a whole new arena. You could always argue that you feel able to do the role and they should at the very least agree to a trial.

Why is it damaging to your career prospects?

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