Descrimination ? Overlooked because a mother - very long, but I'm fed up with the sleepless nights....

[Mojomummy]

I am on maternity leave for a big blue chip company.

In Dec 2002 I had a very good end of year review & due to our dept 'breaking up' my manager was keen for me to find a suitable job. I was already in the process of going to work for Mr W, having impressed him with my X skills. I joined him in Jan 2003

I became pregnant in Sept 2002 & told him towards the end of Jan I was expecting. He was changing jobs to take over another department & he was going to take me with him. WHen I told him I was pregnant, apart from telling me what good nappy offers came up, he barely spoke to me again.

In Feb 2003 his replacement Mr C came along. None too impressed with having a pregnant employee with no job role, he effectively ignored me. I didn't get a payrise (they are usually allocated in Mar & then awarded June/Jul) I went on Mat leave in Jun 2003. My rating was supposed to be written before I left, but my manager just left it & then signed it off before I returned to work - without my signature.

I returned to work in Feb 2004, to a very loose job arrangement. I mean it was meaningless dross. My team leader had had enough & was looking for other roles. It was just us to as the rest of the department bring in revenue (here lies the clue). I tried hard, set up meetings which people didn't turn up to ( going off sick etc). I struggled along & then end of 2004 got another nothinging rating.

Jan 2005, the above role had dissolved & I kept busy with odd bits & then took over something. Fortunately this also dissolved (so boring) & due to someones elses voluntary redundancy, I got a proper job - yippee ! Even had a job description. At the end of 2005 got a very good rating .

Unfortunately the manager, who wsas team leading me left & I was back to Mr C again.

Feb/Mar 2006, I'm told no payrise ( I was 4 mths pregnant with DD2) Quote "it's on the work you do on the year ahead" my new team leader told me. I questioned if that's the case, why I wasn't given one last year & that was ignored. When I asked for it to be confirmed in writing, I was told "I've already told you" (Mr C told me that compared to others in the team (reviewers) I don't bring anything to the table - well that's not my job) My last payrise was Dec 2001.

Went on Mat leave in July 2006. No letter telling me anything - return date/how much pay - nothing. I've now been there 10 years - apparently I should have been given a pen.

I'm just wondering if I'm invisible ? I believe they are taking me for a ride - the thing is what do I do ?

Speak to your union in the first instance. Good luck.

Thanks but there isn't a union where I work; am in the private sector (IT).

well sorry to hear of your hassle. Tbh, so many companies are crap as regards this, not always intentionally - I for one ended up writing my own formal mat letter to myslef as my boss was so clueless on latest mat law!
I don't think they have to tell you yr return date, it's the other way round. Also re pay, you should call yr finance depart/cehck yrself thro payslips.

As regards right to payrise - check the Mat alliance in the first instance. They also have a helpline so will be able to give you advice specific to yr case - only manned a few hrs a week though so will have to find out when. Good luck & HTH
www.maternityalliance.org.uk/

Do you want to leave? If so, go and speak to a solicitor as you might have grounds for constructive dismissal if they have effectively removed your job and just left you in limbo. I believe most solicitors offer an initial consultation for free. I have a friend who is a partner with a small employment law firm in London if you want a recommendation, but don't know his charge-out rates.

You need to check out the company grievance procedure and follow that, make it a formal complaint. You can list each point in turn and tell them that you want a resolution to your issues. You need to be able to tell them what you are looking for, i.e.: what would make things better for you.

Are you returning to work? They should have written to you within 28 days telling you the date you are expected to return. If they haven't, you can turn up any time without notice as technically you don't know if you are in fact returning early or not. If you fail to return on time, they can't sack you for not turning up provided you reasonably thought that the date you calculated was correct.

You also need to ask them what job you are returning to etc

thanks.

Mr C has advised me my job has been "absorbed" by the business. So job for me to go back to - he'll come up with something when I tell him I'm going back.

The truth is I would like to be financially compensated for my lack of payrise & I would like to take an additional 3 months off work. I think my almost 4 year old needs me to be at home with her.

They can't not give you a pay rise (or bonus) because you are off on maternity leave! I am sure.

If you don't have a union maybe you could check out acas (google acas for web site?)

I also work for a multinational IT company,

They should have consulted with you as in a redundancy situation. Firstly informing you that the job may be at risk, then consulting with you meaningfully about reasons/business case. Part of this would be to look at redeployment and other jobs. If nothing similar grade/level then you would be redundant.

Are you the only person in this particular role. If so it would be straight forward as above. If not, then you and the others in the same role would become the 'selection pool' and fair criteria would have to be applied to decide who has to go.

In any event you are entitled to consultation, a meeting to say you are being made redundant and why and the right to appeal. In addition to this, if there is a selection pool, you have full protection (last to be picked) because you are on maternity leave.

Set out all of this in addition to the lack of payrise's in your grievance letter. Tell them that its not good enough to be left in limbo and not knowing that your job no longer exists or what you will go back to.

Not sure what your justification would be for extra time off - can't just say what you want and expect them to agree as you have to be realistic. You could though apply for parental leave maybe?

Oh Mojo, just seen this when looking through! I knew they were crap but not THAT crap.

Agree with chocolatekimmy, they have to follow procedures - they can't just say your job was 'dissolved' FFS!!!

So, is the job that you finally got with the job description etc still the job you should be going back to? or have they said that's not there?

That's odd about paying you for the year ahead - how can they know someone won't leave or something????? Check out what their procedures are for pay rises etc. as I thought all this had to be in writing/in contract too? (could be wrong though)

And yes, you should have had a letter with maternity pay details, expected return date etc.

I agree about speaking to ACAS (dh did when he lost his job) or a solicitor who may be able to give free advice first.

How are you feeling now? Not sure if you've been getting my emails but I was getting worried about you!

LT xxx

I'm no lawyer but have gone through a constructive, and a sexism (both with blue chips) and this looks like very clear-cut constructive dismissal. I would go straight to the lawyers. Even the lack of payrises alone would be enough I think as clearly against the law (hoyland v asda I think is the relavent case, might be worng)

I am always piping on about Bindman and Partners because I think they are gods when it comes to employment law. The employment team is headed by Alison Downie, there's some info about them here

thanks for the pointers - we've been disconnected at present so I haven't been able to get here - am in the library at the mo.

Went into work yesterday (my manager works in a different location) & told his right hand woman, when she asked me, that I'm due back on 13th July. She said she will tell Mr C & I asked her if she had any idea what I'll be doing (she does know most things) & she shrugged. I've asked her to ask him to contact me by e-mail so we can start discussions.

I'll be reading off all the literature you've all recommended.

Thanks & if there is any more advice,please keep it coming.

It's dreadfully managed. You need to check what your contract says about pay rises. Also see if others got rises and you didn't.
Then consider if you really want to walk out and sue them and may be not get a reference or job easily again or get things put right where you are. Often the bird in the hand - current job is better than two in the bush - prospective stressful claim or whether you'd like to leave anyway and be home and have an employment claim. It's not an easy choice ever.

Go through the employment handbook and procedures very carefully in ensuring you tell them formally your going back date so you have got that right (16th July).

I think legally if things change sometimes the job people go back to is different and that isn't always wrong but none of it looks very right from what you describe.

Can you find them a solution? Is there an ideal job and role you could do really well and they haven't thought you might be the right person for that so offering them a solution might be better than a problem of I'm coming back but there's nothing much for me to do and they can't think what to give you to do?

Thanks - yes agree that if I make a fuss I may well be marked as 'difficult'

I would be quite happy to return to my old job , most importantly I'd like to be be treated fairly.

I'll have to write to the HR department & ask for the employee handbook, although I expect it's all on-line - and very out of date.

Yes others have had a payrise, I have been told in the past because I don't 'do anything' ie I am an administrator, rather than someone who reviews & goes on customer sites, that those colleagues are more deserving.

Before I went on maternity leave I was told that I wouldnt be getting a payrise ( Mar 2006) because 'the payrise is for the work I would be doing for the rest of the year'. I asked the person who told me this to confirm via email & they refused, writing that she had told me the other day.

back on line - yippee !

Am now trying to have talks with my manager. In the meantime I've had a root around & found this out

If she returns during or after Additional Maternity Leave she is entitled to return to the same job unless it is not reasonably practicable.

In this situation she should be offered a
similar job that is suitable for her on terms and conditions which are no less favourable than her original job.

Failure to comply with these obligations is against the law and could lead to a claim for sex discrimination.

Have been informed that lots of changes have taken place - all of this is news to me & apparently I SHOULD have been included in all the updates...

What you have quoted is a legal right that you are automatically entitled to - it doesn't have to be listed as a company policy as such.

A lot of people appear to get confused about offering the same job back unless not reasonably practicable - its virtually only if the job no longer exists that you can't go back to it and then it moves on to suitable altenative - not only in financial terms but also status and duties/responsibilities.

If your original job has disappeared, they have failed on redundancy process too (see my earlier process).

Why are they unsure of what you will be doing when you return? Is the job still there or not?

If you have home contents insurance you may have legal insurance included which could pay for any legal expenses. Employment law is very complicated especially discrimination law. See an expert as soon as you can or talk to the Equal Opportunities Commission, they have a great website and helpline. If you instruct a lawyer try to go on a recommendation.
Good luck.

your house insurance is likely to include legal advice - i used mine to take my ex-employer (a council!) to court for Sex-discrimination , for how they treated me whilst on mat leave (was doing a contract based project and they just ended it whilst on ML - and they settled before it went to court
my background is also HR and from what you describe in your OP it would be possible for you to show you have been treated less favourably than a male in an equivilant position.

the legal cover would be able to ask for all the necessary date from the company but you have to do it within a certain time frame

I've been out of the work place a while so sorry if this is wrong but i seem to remember that re the Trade Unions, doesn't matter if you are private sector if the firm has over a certain number of employees you have a right to be represented by a TU.

definately recommend your house insurance though, mine did an excellent job for me.
good luck

just reading your post of about 14.00 today - yes a woman on ML must be treated as if in the office wrt threat of redundancy, team changes/moves/restructering. they have a duty to keep you up to date and you shouldn't have to chase them, if they don't come to you and lead the dialogue they are failing in their responsibilities.

make sure you keep a log of all attamepts you have to communicate with them and likewise that they have with you. it all helps,

Spoke to my manager today...he confirmed he has no work for me (big surprise)

Interestingly I went on the internal website today & saw some of the tasks that I did as part of a job opportunity. The opportunity had been padded out & is a full-time vacancy (I was 3 days a week) Am I correct in thinking that I can demand to be offered this job ?

I've sent my manager an e-mail asking whether my tasks are being done by someone else, or whether they no longer exist. And expressed my concerns/

I enquired about redundancies.. he replied he can find out although there are none at the mo, some sort of package can be worked out. But he won't "waste my (his) time finding out" unless I am interested.

ACAS were very helpful as well.