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Original poster

Formal Grievance on mat leave

9 replies

newmum80 · 12/07/2014 00:55

I've been demoted whilst on mat leave with no consultation. My role has seriously diminished.

I've raised it with my Line manager and after 29 days I still hadnt heard back. I've emailed HR and LM again and the response I'm getting is very vague. No definitive answers at all. Just being fobbed off.

I'm due back to work in a couple of weeks.

I think I'm going to have to raise a formal grievance. It is going to be hell isn't it?

OP posts:
NewYearNewLife · 12/07/2014 06:28

Hi,

Are you OK? Its an horrendous position to be in. Think carefully about your next steps.

I returned from maternity leave last year to find i had effectively been demoted. My job had been split between 5 people and a team manager appointed. I raised a grievance. It took 7 months for the company to complete the grievance process. They deliberately stretched it out, hoping i would just leave. It was 7 months of hell. I knew once i raised the grievance that that was my career with the company over. But i personally felt that i had no other option. I reached an 'agreement' before my case went to tribunal.

Hopefully some of the experts will see your post and answer you soon.

I'm no expert, but i would ask for a KIT day and see if you can meet with HR.

I would also see if you can discreetly find out how your employer deals with grievances. The company i worked for, hardly anybody who raises a grievance keeps their jobs. Yours may be different.

Before you raise anything formally, think through what might happen.

I am much happier now, but last year was hell.

x

Original poster
newmum80 · 12/07/2014 08:34

Thanks for replying. I know they will make it awful for me when I go back so if it gets to my return date and nothing has been resolved (very likely) I'll have to resign under constructive dismissal.

Every person I've known in my years at the company comes back from mat leave to see their role completely diminished. Sadly in my case they've actually tried to get away with an actual demotion.

I am going to raise the grievance and then go in for a chat with HR. Luckily they've messed up a few times in reply to my questions on email. So most of what the case is based on is in writing and I have proof rather than a he said she said case.

It's going to be awful but I know even if I don't do it I'm going to get managed out now just because I had a baby. It's wrong and I need financially what's owed to me. I'm super scared though

OP posts:
Original poster
newmum80 · 12/07/2014 08:35

Newyearnewlife it's helpful to know it took 7 months. So I can prepare for that

OP posts:
PervyMuskrat · 12/07/2014 09:52

Do you have legal cover as part of your house insurance ? They usually have a free legal helpline to call for advice.

I raised a grievance and no longer work for the same company but can honestly say that I'm much happier now (and glad I went through the process)

BillnTedsMostFeministAdventure · 12/07/2014 10:02

You don't resign under constructive dismissal. You resign and then claim constructive dismissal.

However, please consult a lawyer before you do anything. If you plan to go to tribunal, you may need to exhaust the grievance procedure first.

An actual demotion seems clear cut. Has your pay been reduced?

How long have you been at the company?

Rufus200 · 13/07/2014 17:50

You legally have the right to the same job that you left when you went on maternity leave unless the company can prove that their situation has changed and your job no longer exists. They can not give your job to your maternity cover or someone else. It has to be that your job is no longer there.

www.nidirect.gov.uk/statutory-maternity-leave-returning-to-work

Some companies just push their luck and see if you will roll over and take it and have no legal reason why you can't have your job back. What they absolutely can't do is reduce your wages even if you are doing a different job! If there is no job available of the same level or better then they have to make you redundant instead. If you want your old job back and it still exists then start the grievance procedure.

Be aware you have to pay to go to tribunal now and legal fees will be huge!!! Lawyers will tell you what an amazing case you have because they want fees, they are just out to line their pockets. Only go legal if you have a no win no fee lawyer or you will end up in the red. It is also extremely stressful!!!

BillnTedsMostFeministAdventure · 13/07/2014 20:04

"Lawyers will tell you what an amazing case you have because they want fees, they are just out to line their pockets."

Not in my experience. Lawyers should give you a measured view of your chances.

"Only go legal if you have a no win no fee lawyer "

I think this is very rare for tribunals.

Johnogroats · 13/07/2014 20:17

I had a pretty good constructive dismissal case a couple of years ago. I am a lawyer and spoke off the record to a couple of employment experts. You won't, in my experience, be given a Rosey view of going to the Tribunal.

It may be that you use the evidence you have to engineer a compromise agreement. However, if you have no employment law experience you will need advice.

Good luck.

Original poster
newmum80 · 14/07/2014 23:53

Thanks for the advice. I've written a formal grievance letter. Hopefully we can come to a compromise. Tribunal doesn't sound fun but I have now spoken to various solicitors and have instructed one. It will be on no win no few thankfully

OP posts:
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