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Original poster

Is this discrimination?

19 replies

haventgotabloodyclue · 11/03/2019 20:28

Evening all

Today was my first day back at work after my maternity leave. I've come back to find out that the lady who was brought in to cover my maternity leave is now being asked to stay on in a (more interesting/high profile role) and she will have the opportunity to apply for that position permanently (which is a promotion) while I will not, as my contract runs until Feb 2020 and this new position will start in the Summer.

The person covering my job is lovely, so it's not personal, but if feels massively unfair.

My question is whether it is unfavourable treatment/discrimination in legal terms, or if it is just one or those 'life sucks' things that I have to suck up!

Thanks.

OP posts:
happychange · 11/03/2019 20:36

Why is it discrimination? Because you didn't get a chance to apply?

Ylvamoon · 11/03/2019 20:39

Why can't you apply for the position?
As far as returning after maternity leave goes, they have done their duty... you got your old job back.

Original poster
haventgotabloodyclue · 11/03/2019 20:41

I don't know to be honest!

I think because if I hadn't gone on maternity leave I would have been doing to more interesting role (as the job morphed into that while I was away) and then either I might have been offered the opportunity to apply for the promotion (temporary or permanent) OR if a new job was created at a higher grade then other people would be applying for it, not the person who covered my mat leave for a few months (who is the same grade as me now). Not sure that makes perfect sense!

OP posts:
Original poster
haventgotabloodyclue · 11/03/2019 20:44

I'm not allowed to apply as my job runs until early 2020 and this job starts in summer 2019. It's just the way they do things in my office.

Sounds like it isn't disallowed, it is just really annoying.

OP posts:
Namechangeforthiscancershit · 11/03/2019 20:46

So it’s the fact that your contract still has a long time to go that’s stopping you applying? Would that have been the case if you hadn’t gone on Maternity Leave or has it been extended because of that?

ElloBrian · 11/03/2019 20:47

Ok hang on. Can you clarify re the different jobs?

Your job - you are on a fixed term contract ? And you took maternity leave during that contract and someone was hired to fill in for you during that maternity leave ?

Now you are back at work and management are creating a new role (permanent or fixed term contract ?) from next year, which the person who covered your maternity leave is applying for / has been given ? Has it been advertised internally or externally ? Is it s replacement for your role or doing something different ? What is the plan for when your contract comes to an end - does the work end then too or will they need someone to pick up the work ?

MynameisJune · 11/03/2019 20:48

So you’re on a fixed term contract? And they won’t let you apply because of that? Is the role being advertised externally? Have you actually asked if you can apply and if not why not?

Original poster
haventgotabloodyclue · 11/03/2019 20:50

Yes I wouldn't be allowed to apply as I'm not due to finish until Feb 2020. However the unknown is whether I would have been offered a temporary promotion if I hadn't gone on maternity leave (which is what the woman who covered my mat leave is being offered) and whether I would have been allowed to apply as I would have been the best and most obvious candidate to fill the role (as she is now on account of having covered my mat leave).

Essentially the job has expanded/morphed during my mat leave to be enough to employ two people - me in my 'old' job and this new more interesting and high profile one.

OP posts:
Ylvamoon · 11/03/2019 20:56

Is the role advertised internally? fixed or permanent? If it is permanent, I 'd apply... it would be up to the company to make a decision & and if it is advertised (internal / external), you have as much right to apply as anyone else. Sometimes it is worth applying just to tell them that you are interested in the position even if you know you won't get it this time round.

Original poster
haventgotabloodyclue · 11/03/2019 20:56

Gosh lots of questions, thanks all!

My job: I am a permanent employee (as is lady who covered my mat leave) but we apply for jobs in an internal job market and are posted to jobs for set lengths of time ranging from 2 to 4 years.

My end date of Feb 2020 in this role has not been extended due to mat leave.

I haven't officially asked about applying as it was my first day but 99.9% of the time we are not allowed to leave early and it looks bad to even ask. It was also clear from conversations that they are expecting me here until Feb 2020.

The job is being advertised internally only via our internal job market.

OP posts:
DustOffYourHighestHopes · 11/03/2019 21:01

Sounds tenuous. Presumably with the internal job market you are describing, all people (regardless of mat leave arrangements) equally lose out on jobs if the start and end dates don’t align. I can’t see an indirect or direct link to your maternity leave.

I’d just stick this one out, work on being brilliant at my job and wait for the next opportunity.

DustOffYourHighestHopes · 11/03/2019 21:02

Also: bringing grievances or discrimination claims is a massive huge pain in the buttocks and v stressful. Unless you are certain you’ve been wronged, i’d save my energy.

ChicCroissant · 11/03/2019 21:04

Returning from maternity leave can be a wobbly time for employees at the best of times and that certainly doesn't sound like a fab first day, OP - my sympathy there.

Tbh, your internal job market is a bit difficult to follow. Are there always plenty of jobs available and how soon towards the end of your fixed-term contract/posting are you normally able to apply? With you being permanent staff, surely they'll need to find something for you at some point so why not now?

Original poster
haventgotabloodyclue · 11/03/2019 21:04

Thanks. You are probably right.

I think it's just very annoying because if I hadn't gone in mat leave it would be complete strangers applying for the role (or they would have promoted me) - not the woman who covered my mat leave, who has been given this opportunity as a direct result of covering my job!

We are posted overseas so there won't be another opportunity like this in the same country, if that makes sense.

OP posts:
Original poster
haventgotabloodyclue · 11/03/2019 21:04

PS I am still covered by UK employment law

OP posts:
Original poster
haventgotabloodyclue · 11/03/2019 21:08

Thank you everyone. Sounds like it's just a really crap first day back!! Hopefully tomorrow will be better...

Re internal job market- there are HR guidelines but they are flouted all the time by managers wanting to get hold of certain people. I could apply for a job to start next Feb but it wouldn't be in the same country I am in now.

OP posts:
ElloBrian · 11/03/2019 21:17

Ok well tbh I think I would mention it to either my line manager or my HR contact, depending how job assignments work in your employer. I wouldn’t say that I wanted a shot at the job now, but I would say that it was a shame it had come up now as it was the ideal role that I had wanted to aspire to. And I would say that if the opportunity arose in the future I would be very keen to apply for anything along those lines. So that you had put down a marker for the future in terms of your aspirations.

swingofthings · 12/03/2019 05:46

It might be frown upon to apply for new roles before the end of your contract but is it disallowed? And if it is disallowed, why does having gone on maternity leave make a difference? Wouldn't they advertised and told you couldn't go for it too if you'd been there? Yes it might mean that someone else than the person who replaced you had got the job but the fact she got an apoortunity you didn't get and wouldn't have got even if you hadn't gone on maternity leave doesn't make it discrimination.

Who knows maybe it's a blessing in disguise, maybe that new job is not all it currently appears to be on paper.

Frecklesonmyarm · 12/03/2019 05:53

From what it sounds like, you couldnt have applied for that job, even if you hadn't gone on Mat leave, as you need to stay in this role until Feb 2020.

So it's not discrimination. Just annoying.

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