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Original poster

Help - Discrimination while on maternity leave

106 replies

foxcub · 07/06/2007 12:34

I would be really grateful for some advice on this.

I am so livid I can hardly type!!

There are two issues:

1 My boss said he was "suprised I earn so little" and said I should ask for more (implying male peers on the same scale earn more, although I do a different job to them). This was while recruiting my maternity cover and discussing what pay we should offer my (male) cover. I have since put in a pay claim on the basis I am taking on new responsibilities (which I am - a whole new area of work has been added to my post).

This was in January. I put a strong case together and gave it to my boss in writing. I have since chased it several times and have been on maternity leave since the end of Feb. My boss refuses to respond to my e-mails. I have e-mailed Head of HR a month ago and she said she'd get back to me and hasn't.

I asked my boss what my maternity cover is being paid and he would only tell me verbally (he verbally told me its the same as me, but I'm unsure whether he's telling the truth or why wouldn't he want to respond in writing?)

In addition I didn't get my April 2007 pay rise, which is made up of an inflation linked rise and a performance bonus relating to 2006/7. I have now received this but had to complain twice in order to get them to pay me.

2 There is not enough space in our office due to expanding teams. A number of options have been proposed, to create more space , including utilising meeting rooms, hot desking and moving staff to another part of the building. Before I went on maternity leave, a male colleague X who is leading the "office seating" project joked that once I went on maternity leave he would "stitch me up" by moving my team to another location - i.e. I wouldn't be able to object, as I am on maternity leave.

My Mat Cover tipped me off two weeks ago that X was pushing a proposal to get my team moved in my absence. My cover has raised objections but at the end of the day he is a temp and is not that bothered either way. I e-mailed my boss on Friday 1 June with my concerns and specifically asking that I be included in the decision making, as I am returning to work and such a radical decision should not be made without my input. My boss has refused to respond to my e-mail. He has also ignored two messages I left on 4 and 5 June asking him to call me.

I have just found out that on 5 June, my boss pushed through a proposal at a management team meeting that my team should be moved out!!!!! This is after me contacting him 3 times, asking to be involved in the decision. The "office seating" was not even on the meeting agenda, so he has clearly stitched me, but pushing it through under AOB.

I feel extremely anxious and am starting to feel ostracised. My boss refuses to communicate with me.

I can contact HR but the Head of HR is personal friends with X, and they go on hols together!!!

help - advice needed.

I am planning to return to work in Septmeber.

sorry this is so long BTW

OP posts:
Original poster
foxcub · 07/06/2007 12:36

BTW I work for a large housing association

OP posts:
Darciesmum · 07/06/2007 12:38

is there anyone higher than your boss you can spk to hun?

Mindles · 07/06/2007 12:39

Have you spoken to a solictor/CAB? I think you probably should.

Original poster
foxcub · 07/06/2007 12:39

Only the Chief Executive!!!

OP posts:
Original poster
foxcub · 07/06/2007 12:48

I don't have a solictitor!!

OP posts:
Kewcumber · 07/06/2007 13:07

is there a union foxie?

You need to think about drafting a letter to your boss cc HR sent recorded delivery saying how disappointed you are with hte way this has been handled and that despite numerous attempts to participate in the decision making process you have been excluded you assume as a result of your maternity leave. Ask for a face to face meeting asap.

CAB is a good idea they will at least tell you what your rights are - I have a horrible suspicion that they are perfectly entitled to deal with your replacement whilst you're on ML so I think a letter heavily implying that they are disciminating against you may be the best approach to at least make them take you seriously (if HR is any good).

Original poster
foxcub · 07/06/2007 13:12

Have just spoken with "Working Families" (who took over Maternity ASlliance) and they've told me I have a case for sex discrimination as its been so blatant, and also 'cos my employers have a duty to keep me informed of any changes and becasue I asked them to and they didn't - but also 'cos my colleague told me he was going to stitch me up!!!

OMG I don't know what to do

My first step would be a grievance...

OP posts:
Freckle · 07/06/2007 13:19

Raise a grievance, do. List everything which has happened. They will have to respond to each of your complaints and, if you are not satisfied with their answer, you can appeal.

divastrop · 07/06/2007 13:25

just going to bump this for you as i cant help(haved done any paid work in 10 years so know nothing of employment law).

sounds awful,how dare they???i cant believe there is still so much discrimination against women in the workplace in this day+age

im sure you'll get loads of great advice on here xxx

Kewcumber · 07/06/2007 13:28

agree with freckle - raise a grievance - in a covering note say that you're sorry you have been forced to take this route but your attempts to discuss the matter have been ignored. Ie sound very calm and measured and like you are being forced into this becasue of their unreasonableness (ie the truth!)

Original poster
foxcub · 07/06/2007 14:42

Bump

OP posts:
NikkiBFG · 07/06/2007 14:53

I would def raise a grieviance...anything that affects you, you must be told about while on mat leave - especially if you requested to be told!!

I'm on mat leave atm and there was an entire office move that I wasn't told about! I complained and was told it was changes to management structure and therefore didn't directly affect me, which is why I wasn't told so I said...er office move does affect me as would have to change travelling plans etc....I've been kept in the dark about everything while on mat leave and its awful

They have turned down my flexible working request so have to appeal that as well..have got union involved now..work aren't happy about it, but tough!

I know this isn't too similar to what you are going through, but wanted to let you know you aren't alone and happy to chat if you want to sound off

Niks

stepfordwife · 07/06/2007 15:09

oh foxie. what a bummer. bet you can think of better ways to spend your ML than pursuing a sexual discriminatin case against bonkers employers, eh? but is truly staggering how muchwomen - mothers in particular - are discrimated against.
as for what to do. that boils down to how strongly you feel aout the office move balanced against how much stress it would cause you. but sometimes you've just got to fight your corner, haven't you?

Original poster
foxcub · 07/06/2007 16:07

TBH its not even the office move that's is making me - its the way my collaegue and boss have so blatantly shafted me.

All good feelings have now ceased to exist as far as I am concerned.

My friend's husband is a top employment lawyer in the city and she said I can call him tomorrow for some free advice.

Niki - I'm sure you share my anger!!! The advice I got this morning was the same as what you've said - that they have to inform me.

I'm really hurt by what they've done. The office is all huggy huggy luvvy dovey but they're quite happy to stitch me 'cos I'm not there!

I don't want to take out a greivance but am perfectly prepared to if neccessary. Likewise employment tribunal. Trouble is - would it go on my reference if a took out a greivance, or took them to tribunal.

Its a bit off putting to a future employer!!!

OP posts:
Mossie · 07/06/2007 16:27

Foxy no advice I'm afraid except to echo what others have said, raise a grievance, start the ball rolling, and I wouldn't worry too much about it not looking so great on your employment record; your employer is not allowed to be malicious on any reference they give you, so a subsequent employer would not nec. know about it anyway.

Alternatively you may want to speak to your employers on the qt and let them know that you are considering a tribunal... might be enough to scare 'em??

Good luck, I am for you though, I know all about unsupportive employers!!

muppethasakitten · 07/06/2007 16:50

so for you foxy... not suprised you are mad as hell.

good advice so far already so nothing to add really... if you haven't already done so I would start recording everything you've done and are doing in terms of trying to contact your boss... gather all your evidence and get some advice.

Booboobedoo · 07/06/2007 17:19

No useful advice from me foxy, but am on your behalf.

Quattrocento · 07/06/2007 17:28

Foxy, I am sorry about your distress and I think the way the matter was handled sounds incredibly insensitive.

Just one thing - whilst seating and seating plans do get people really upset - I wonder whether they should? Is the new arrangement so much worse than the old?

The pay thing sounds like a more fundamental issue. Is there a union is a really good question.

Original poster
foxcub · 07/06/2007 18:05

Quattro - its the process I'm about rather than the seating - the fact that my Boss has effectively ostracised me, refuses to answer my e-mails/calls and the fact they have so blatantly stitched me (and the comments about how they would "stich me up" while on maternity leave.

Its the process and attitude rather than the deatisl of the seating which is importnat, IYSWIM..

OP posts:
Original poster
foxcub · 07/06/2007 18:53

bump

OP posts:
stepfordwife · 07/06/2007 19:13

nice big glass of rose for you tonight, foxie. you deserve it

kittyhas6 · 07/06/2007 19:41

Oh dear Foxy, that sounds awful , there must be someone who has authority over your boss. Are you a member of a union? Apart from that I can't be of any use, sorry,I just wanted to lend my support xx

Kewcumber · 07/06/2007 19:42

foxie - don;t think an employer would/should put a grievanve on a reference. They are obliged to put disciplinary action on it but that an action they are taking against you for possibly poor performance/breach of contract etc. Grievance is you saying "you have not been fair to me". Anyway you can always leave on the basis that you agree a refernce with them in advance in exchange for you not suing them!

Shrinkinglily · 07/06/2007 19:58

Fox haven't a clue but think, do what you can for now then forget about them and once you go back you could either be all lovely and make them feel guilty very subtly OR go back and kick some ass!

spongecake · 07/06/2007 20:30

hi foxie
sounds horrendous- do you have legal advice on your home insurance, car insurance or rac / aa membership? it covers employment and is very good.

hope it goes well with the employment lawyer/ friend

they also have a duty of care, which applies when you are on maternity as well, so go to docs and complain of stress. i would also put that in your letter.