Potential maternity discrimination - guidance required please

[waterbaby99]

I recently returned from 6 months maternity leave, and shortly before returning to work was called to a meeting and told that I was being mapped into a ‘suitable alternative’ role as my role that I had before (going on maternity leave) no longer existed. I had no formal consultation and was not aware that my role was at risk until this meeting. (I knew a restructure was taking place whilst I was on maternity leave so had asked on a number of occasions during my 6 months maternity leave whether my role was safe and had been advised that there was nothing to report).

By contrast all other employees impacted by the restructure had a full consultation resulting in various outcomes.

The role offered is on the same terms and conditions but is a loss of status and a demotion, and doesn’t match my previous role at all in terms of roles and responsibilities and I will be expected to travel at least once a fortnight which will be difficult with a young baby. My employers are adamant that the ‘mapped role’ is a suitable alternative as my terms and conditions (grade) remain the same.

There were other roles that became available during the restructure which I was told I couldn’t apply for or were not suitable as there were a Grade below mine however it has now become apparent that these ‘lower roles’ are actually attracting a higher salary than mine.

I have raised a grievance (through a solicitor) with my employer but they do not appear to acknowledge any unlawful activity and progress is slow.

I am very disillusioned by their behaviour since I have returned to the workplace - I have been ignored by senior employees and directors and not been given any purposeful work.

I am a long standing (> 15 years) and loyal employee who has had a successful career, and my employer is a FTSE 100 company and I would have expected more from them. I remained committed to the company whilst I was pregnant continuing to work long hours (in my third trimester) to ensure deadlines were met during some challenging times.

I’m pretty sure what my employer has done is wrong so my question is – does anyone have any advice that they can offer or put me in touch with a solicitor with a good track record of fighting maternity discrimination cases.

Thanks for reading my (lengthy) post and I look forward to any comments.

I had a case with some similarities but my solicitor advised that in order to make sure we were full conversant, we should seek counsel from a barrister. It also sent the message to my employer that I wasn't kidding. I used Anya Palmer at Old Square chambers. She was fearless, and was also counsel at the time for Stonewall, so she isn't one to shrink from a fight. Couldn't recommend her more highly, and was money well spent.

www.oldsquare.co.uk/our-people/profile/anya-palmer

As you are looking for a new solicitor I assume you are not happy with your current one?

I would feel a bit concerned if a solicitor felt the need to seek advice from a barrister in order to be "fully conversant" to be honest, although I would agree that instructing one to represent you at a hearing may be a good idea if/when the time comes depending on the circumstances. But that's not yet, if you are still only at grievance stage.

Can you post the rough location you are in, so that if anyone knows of a good solicitor near to you they can let you know?

She was brought in to clarify what the law defines as disability and incapacity with regard to employment law.

I see. Well I would certainly expect a competent employment solicitor to be able to advise on that tbh, but I'm glad you found the barrister helpful.

In usual circumstances yes but without giving away too much about the rather peculiar elements of the case, it did make sense to involve further counsel. She didn't just throw up her hands and say "fucked if I know. Fancy a trip to London?"

Anyway, Anya Palmer was v good. And she also has the air of someone who, if she didn't win in court, would take you out and give you a good pasting. A good quality in a barrister, I felt.

I'm not overly concerned with my solicitor's performance just wondered if there was anything else I could do to help my case - either by escalating, getting another solicitor involved who has good track record of resolving these type of cases, or even a charity that could provide advice.

I'm based in Croydon, Surrey.

I am pulling my hair out here!