Help - Discrimination while on maternity leave

[foxcub]

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

really sad to read of all this trouble you've been having foxy, hope you get some good advice this weekend

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They better watch their mouseballs

LOL!!!

Right, firstly you need to make records of all incidents. PUt everything in writing - and if they dont respond in writing - make a note. If they respond via telephone - take notes. Diarise everything.

I think you need to request a copy of your companies grievance procedure, and then follow it. It seems to me that you arent happy with the status quo, and you either need to change it (a grievance procedure is the only thing likely to change this), or change jobs.

Also, if you want to go to tribunal you will need to have shown that you followed grievance procedures first.

STick to the facts. If you are going to quote things that colleagues have said directly then you need to find out if they will back you up on this/be witness.

An employer cannot put details of tribunals on references AFAIK.

When I had a load of hoo ha at work when on mat leave I just got on to the equal opportunities people. They will tell you straight away whether you have a claim for sex discrimination, what to do about it, how to word any letter etc. I think I got on to them by ringing ACAS first (number in phone book, you don't have to be a union member) and they gave me the contact details for EOU.

Good luck, its horrible to be so stressed when you are supposed to be enjoying your baby.
I had a really good sex discrimination case, my employers went into a right panic and it was all sorted out amicably in my favour.

I spoke with my friend's DH - the employment lawyer, and he has advised the grievance route immediately - to halt my employers in their tracks regard their attempts to relocate me and my team. Reckons I have a good case if I did want to pursue it to tribunal, but that a greivance could be used to get my employers to retreive the situation if that's what I want.

Flibberty - was it the Equal Opps Commission helpline?

thanx

EOC has a really helpful website Foxy.
If I were any good I'd be able to install it here, but hey ho..

Louise2012 - don't know if you are still lurking, but I would like the outcome of my grievance to be that my pay claim is resolved, and that the relocation of my team is suspended until I have had some input and the matter is resolved.

Do you think I should specifically state that in the grievance?

Thanks

Sorry, have had tonsilitis last few days and didn't feel like sitting at PC!
Yes it was the EOC helpline, you leave details then one of their experts gets back to you. You see, if you are on maternity leave then chances are that your claim will be sex discrim as the only reason this is happening is that you are not at work due to mat leave - which can only happen to women! In my case two promotions that I would have had a really good chance at were only advertised internally and I didn't find out till I was nearly coming back to work. It ruined the last few weeks of mat leave but the EOC helped me to see which were the actual issues, what to put in writing to my employer, and although the jobs were already filled so they couldn't give me any promotion, it must have frightened them as they gave me a pay rise equivalent to the lower paid of the two promotions as they accepted that I would have got the job. However the personnel witch said that my letter was rather stern, to which I replied that I was writing it as an official complaint so I had to write in a certain style and format as advised by the EOC. Look on the EOC website, I am sure that things like not keeping you up to date with 'developments' at work whilsst you are on mat leave are covered by the Sex discrim regulations.
Don't be afraid to stick up for your rights, you can always go back then look for another job later on if they are mean to you on your return!
If you dont get any joy with X, then do what a colleague of mine does in such circumstances and take it as high as you can - ie board level. That high they will sh*t themselves at the thought of legal action and the resultant publicity and may give your boss a good kick in the pants.

I agree with Fiberty - but you do need to decide if you want to go back to work as normal before getting to the point of no return on teh stroppy stakes
a difficult and emotional calculation seeing as these guys (boss and HR) were 'friends' as well as work colleagues. perhaps a bit of betrayal kicking in here as well as anger?

Oxo - the worst aspect is my hurt feelings over the batrayal. These are people I have socialised with - in fact my only friends at work who I've seen socially. I think they thought I wouldn't mind, but in their complacency they have broken the law!

Flibberty - yes the law apparently says you have to be informed of cahnges to your job and I specifically asked to have some input.

Sent grievance off last night. Lo and behold my boss suddently sent an e-mail to me today, full of excuses. At least he hasn't lied to try and cover his back though - it'll all be a lot easier if he's honest so we can sort it out and moce forward. I was afraid he might just lie.

I think X will lie though, he seems pretty sneaky

x sounds like an insecure twerp who waits till he thinks you are out of the way before trying to do things his way!

I think he's a bit cocky and immature. he's the one who "joked" that he would stitch me up whilst on maternity leave. I think his comments mean that it can't be construed as a coincidence - it shows "intent" as it were.

My colleague "X" is now rushing through the relocation of my team as fast as possible, so it'll be a done deal by the time the grievance is dealt with.

I called HR and the grievance procedure is slow moving, which gives X about 2 weeks to completely stuff me

I don't know whether to step back and let them stuff me

Contact my boss (although he refuses to answer my messages)

or take a contract out on X....

Heeeelllp!!!!

Sorry foxcub, realise I am posting this after you submitted your grievance...but to answer your question, I don't think it would hurt to be specific about the remedies that you are seeking, and in any case, i would expect the investigator appointed to look at your grievance (who, by the way, should be independant of the situation, whether it is another manager, another HR advisor or both) to raise this in your meeting.

let us know how you get on

A grievance procedure does not have to be slow-moving. The law merely states that, following receipt of a grievance, the employer must set up a meeting within a "reasonable" period of time.

I think that, given the urgency of the relocation, you should write another letter stating that time is off the essence and you wish this matter to be dealt with immediately or assurances that the relocation of your team will be put on hold pending the outcome of the grievance.

Louise - I did include reference to what I would like to see happen - my pay claim processed, postponement of the relocation until I can be consulted and for my manager to open a line of communication with me

I'm very alarmed how X is pushing this through quickly so he'll be able to say its a done deal. Spoke with HR and they've offered to convene a meeting with my boss to "mediate" - I've said I'm happy to put the grievance on hold until we meet but I want a halt put to the relocation of staff until its resolved.

I feel that shenanigans are occuring behind the scenes

the head of HR will no doubt have told X about the grievance, so he's upped the ante or rather he's trying to get it all done and dusted ASAP so I can't intefere with his plans

[paranoid emoticon]

blimey foxy it sounds like they really are stuffing you- am interestd now as i don't even have an office to go back to! people have relocated abroad and shut down the office!!!!! i have been replaced with a cheapie abroad and a temp who is a family member who works from home... EEEEK!

sorry- that was a bit me me me... have they put the relocation on hold? will you have a job same or equal when you go back, if you go back?

its horrible of them, you should be enjoying your baby- have you added stress and duty of care? esp any pnd issues that could be triggered.

sponge do you work for a small private company? Sounds like it!!!!!!

Will you be looking for a new job or sahm?

I asked them to put the relocation on hold in my grievance, but they're trying to get it agreed before the grievance takes place by the looks of it.

I have just e-mailed my boss to put on record again that I want them to postpone the relocation until I have had a chance to be consulted. cc'd HR

I spoke with HR earler and they want to mediate in order to avouid a grievance. Any grievance would have to be chaired by the Chief Exec, as he is my managers manager LOL!!

It would look great in the trade press if I took them to tribunal!

Hi foxy, have you sent a copy of your greviance to your ceo, seeing as he will be involved and all in case HR and your boss just forget/ promise to do it and don;t.. i would send a copy registered post with reply requested and call his assistant to tell her to expect it and you would like a meeting/ phone call. Its nearly holiday season, and you don;t want anymore holdups, (she says sweetly)

yes, i do work for a small private co-at least i do at the mo! have no idea what will do, wait for them to tell me i guess- if i can work from home that will be ok with me, no doubt at a reduced mummy salary..