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Original poster

Maternity Discrimination Case- Anyones experience?

17 replies

MissRachel89 · 14/01/2019 21:02

My boss has given my maternity cover my job. He says I still have a job but not sure what it will be (definitely demoted though as my role was quite high).
I have spoken to acas who say 2 things- I can quit as constructive dismissal and take him to a tribunal,
Or I can stay and take him to a tribunal.
He has been very abusive to me on the phone since I've been on maternity leave and I'm not sure I want to go back now.
I wondered if anyone had any experience in this area and any advice to give me?
Thank you so much!

OP posts:
daisychain01 · 15/01/2019 03:06

It's a dangerous assumption that you will go back to a demoted role. I don't think the ACAS advice is very good, if you resigned citing CD all they'd do is state you'd made a false assumption and of course they had an equivalent role lined up for you....

You ought to return to work on the date you've already agreed with them and see what they propose. You also need to start work in the new role before you can determine its a demotion, ie they may not adjust your pay and benefits, but may still represent a loss of status/authority in which case you'd have to challenge them on it

Log evidence of Harrassment, dates context direct quotes etc.

I wouldn't resign, in short.

Specialkay1983 · 15/01/2019 03:40

I agree with the advice above but you would also have to check what is written in your contract and company policies, some policies state that you can be offered an alternative role on your return.

Can you speak to someone in HR about your concerns? You could also ask for a job description for the role, although if you’re in the UK this isn’t a legal requirement.

It is always nerve wracking going back after maternity leave, I was made redundant during my last leave, although this was a genuine redundancy situation.

Hope it works out okay.

Original poster
MissRachel89 · 15/01/2019 09:25

Thank you so much ladies greatly appreciated!
yes he was trying to get me to quit on the phone but I refused then became abusive (then he gave her the role). I will definitely be demoted on return as my role was the top of that sector so it will have to be something less. Citizens Advice were very helpful in giving me all different situations but your only allowed an hour with them and the time ran out- I will keep googling etc thank you!

OP posts:
Roguebludger · 15/01/2019 09:28

I went through something similar. Slater Gordon represented me and they were great. You can call them and they will assess the case for free.

Roguebludger · 15/01/2019 09:29

BTW they were great but the process and my empowers have destroyed my mental health.

flowery · 15/01/2019 12:03

When are you due to go back? I would suggest taking the conversation off the phone and putting things in writing. Email is fine. Write to your manager and remind him that on your return from maternity leave you are entitled to return to the exact same role unless there is a reason it is not practicable for you to do so, in which case you must be offered a suitable alternative role on no less favourable terms and conditions, including salary, hours and status, and suitable for your skills and experience.

Ask him to confirm in writing at his earliest convenience what good reason is that he is saying you can't return to your original role, and what suitable alternative you are proposing. You might want to give him this link Acas on return to work after maternity leave

Until you've got this conversation in writing and have flushed him out about what he intends to do when you return, you don't really have a case for anything anyway.

Original poster
MissRachel89 · 15/01/2019 12:17

Thank you Flowery that is v useful- I have put everything into writing but he ignores my letters so I will have a think what is best to do next. Also refuses/ignores me when I ask to give me my employee handbook - great!

OP posts:
ZogTheOrangeDragon · 15/01/2019 12:24

How long will you have been on maternity leave for when you are due to return?

It doesn’t matter if he doesn’t reply to your emails. Ask all the relevant questions and keep copies. Each time you email, refer back to your previous unanswered email.

Lazypuppy · 15/01/2019 13:27

How long will you have been off on maternity leave? If its over 6 or 9 months you don't have to be given the same job (can't remember if its 6 or 9 months).

drspouse · 15/01/2019 13:37

Is your employee handbook a physical book that's in the office - in which case can someone else get it for you or can you go in and pick it up - or is it online? If the latter can someone else/HR email it to you?

Original poster
MissRachel89 · 15/01/2019 14:12

I think its an actual booklet but there isn't one at the company, I don't think many staff have received theirs.
It's 6 months re going back to the same job and Ive been off for 4 months but was planning to be off for a year as per agreed.
I think acas said they have to give a reason why you wouldn't be going back to the same job and what your new duties would be and why you can't do the same ones so I will look into that- wondered if anyone had any experience in that?
And @Roguebludger sorry to hear you had a rough time with your employers and hope your feeling better!

OP posts:
Workybloodyworkwork · 15/01/2019 16:49

So you’ve still got 8 months to go? I’d probably wait until a bit nearer the time to see how things roll out in terms of the mat cover etc. Don’t quit, plan to go back at the agreed time preceded by flowerys email. Your not even half way through your mat leave yet so you’ve got time. Even if he wanted to, your manager would have a hard time doing anything to get rid of you while you’re so early in your mat leave.

I’m guessing this is causing a bit of stress though, maybe try and park it for a while so you can enjoy your time with your little one?

Lazypuppy · 15/01/2019 17:08

If you're planning on being off for 12 months then they are allowed to give your job to someone else as long as they give you a similar role with the same pay.

I don't understand why your kicking up all this fuss when you've got 8 months of meternity left

flowery · 15/01/2019 18:27

”If you're planning on being off for 12 months then they are allowed to give your job to someone else as long as they give you a similar role with the same pay.”

Only if there is an actual reason she can’t have her original job.

daisychain01 · 15/01/2019 19:10

Just because he chooses to ignore your emails and correspondence, that shouldn't affect you continuing to commit everything in writing. Having the electronic date stamp is good enough if you do take action against your employer to evidence all your interactions. Shows how daft he is thinking that by ignoring you, you'll just go away.

Original poster
MissRachel89 · 15/01/2019 19:49

Thank you for all your replies- I will keep dates with the letters etc and try to contact again, I will also see if I can get another appointment with CAB
Re; Lazypuppy- My boss called me and asked me why don't I leave- When I said no, he then gave my job to the maternity cover. He was also abusive- I'm not so much kicking up a fuss but upset. I've wrote to him to ask what my role is now and the new duties - he doesn't reply. So I'm just asking on here for some advice before I delve into anything.

I thought maybe some mumsnet users may have heard of similar experiences so that it may give me some insight We left it that I could return at 39 weeks or 52 depending. Tbh he's kind of like this with everyone! ;)

OP posts:
Sunshinegirl82 · 15/01/2019 20:41

Do you have legal expenses insurance with your home insurance? It might be worth checking as they can often assist with employment disputes. They also quite often have a legal helpline you can call for further advice.

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