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Original poster

Refused interview whilst on maternity leave

51 replies

Nicola1892 · 18/09/2019 13:53

So I’ve just had my 3rd and final child. I’m on maternity leave due to go back end of March 2020. I’m a carer and at the beginning of August a full time care leader position was being advertised at the home, which is rare for this position on a full time contract to come up so I applied for it. After 4 weeks and hearing nothing I emailed work asking what was going on as I have told them i wanted to progress when I joined the home. After another week still hadn’t heard anything so went into work and I was offered a interview. (yay!) so interview day came, I got dressed up, shirt/skirt and got out all my NVQ and leadership qualifications and went into work. I was invited in 20 mins late and straight away asked if I was coming back now as I have applied for the job. I said no but im happy to come back beginning of January (2 months early) which they said they need someone now and assumed I wanted to come back straight away and that’s why I applied. At this point they refused to interview me, I told them that this was wrong and they couldn’t do this but they didn’t care so I left. I called ACAS who said they had committed sexual and maternal discrimination and that I could take them to court. I don’t want to do this as I work for a charity/trust and I’m not interested in the money. I’m just so bloody frustrated that this has happened when it’s illegal. The worst part is they said they are always looking for care leaders so I don’t understand why they couldn’t of at least interview me! I called HR but them and the area manager both agree with the home manager so I’m completely on my own. I asked them to email me stating they have refused to interview me due to me being on maternity leave and they have but have lied about when I said I could return to work and other parts of the conversation..... has this sort of this happened to other people? Is this normal? I just don’t know what to do, my hours are so good there but I can think of anything worse than to face my manager again

OP posts:
ZeroFuchsGiven · 18/09/2019 13:58

I'm no legal expert but what was the point in having the interview if they need someone to start straight away? Its just wasting their time and yours.

ineedanotherholiday · 18/09/2019 14:01

Don't practice employment law so no legal advice here but I'm not sure in understand. It seems obvious they would need someone now as the job advert is out so why interview someone who can't fulfil that. Although I guess maybe that should have been checked beforehand.

ScreamingValenta · 18/09/2019 14:02

what was the point in having the interview if they need someone to start straight away?

If the OP was offered the role, they would need to get maternity cover until she returned to work - just as they'd have had to if OP had got the role before her ML started.

OP, have you told HR about your conversation with ACAS?

Cleopatrai · 18/09/2019 14:03

If you can’t start work straight away and they need someone straight away, then how is it fair to give you the job? You aren’t a fit.

Ebonyandivory2 · 18/09/2019 14:06

I’m also confused about why you applied? You can’t start until next year so why bother? Obviously they need someone to start soonish.

Passthecherrycoke · 18/09/2019 14:08

They appoint and appoint a maternity cover. This has happened to me on both my maternity leaves

This is difficult Op because honestly? What can you do? Take them to court and you may be awarded a relatively small amount of compensation but no job and no team leader job (you won’t be working there after that I can assure you)

I think I would consider raising a Grievance. Respond to the email detail all the inaccuracies and putting that record straight then raise a grievance. It might land on the desk of a more enlightened manager.

whitershadeofpale · 18/09/2019 14:09

I have to say I agree with everyone else. It's a different situation from you taking maternity leave once you've started, you're basically asking them to hold a position until you're ready, which is months away.

MyDcAreMarvel · 18/09/2019 14:10

You are being really unfair to your employees. The job had an immediate start, you don’t want to start immediately.

NorthEndGal · 18/09/2019 14:13

Is it discrimination if you cant do the job when it is needed?

cranstonmanor · 18/09/2019 14:16

They were looking for someone to do the job. You can't do the job therefore there is absolutely no point in wasting their time with an interview.

ChelseaCat · 18/09/2019 14:16

I’m really surprised about the responses from other posters. I absolutely don’t blame you for applying and would have done exactly the same thing.

Are you the member of a union? If so, get their help

If not (and I don’t usually condone this) I would seek legal help as they have definitely discriminated against you based on your maternity status. I also work for a charity and understand that you aren’t interested in compensation but they sound archaic in their attitude to discrimination and they need to know that this is not acceptable.

Good luck OP

littleduckeggblue · 18/09/2019 14:17

You can't apply for a job and expect to start in 5 months

Passthecherrycoke · 18/09/2019 14:20

I’m surprised by the response from other posters but then it’s clear they don’t understand maternity rights. Don’t discard your hard won rights, women of the UK

ScreamingValenta · 18/09/2019 14:21

I'm amazed that people are coming on here to say the OP was wrong when ACAS have already confirmed that she wasn't!

It's unlawful to deny someone an opportunity for promotion because she is on maternity leave.

stucknoue · 18/09/2019 14:22

I think they are within their rights to say the position starts in a month, they were willing to interview you for this new position, but on the understanding that it starts sooner than January, it's not discriminatory, if I applied for that position and told them that I couldn't start for 4 months for a different they would say the same to me.

Passthecherrycoke · 18/09/2019 14:34

They’re not within their rights, no.

MumUndone · 18/09/2019 14:49

OP is on maternity leave. She is protected. And she has every right to apply for a job that she can't start until she returns from maternity leave, specifically because she is protected. Why don't people understand the difference between being on maternity leave and being unable to start due to other reasons?

Cleopatrai · 18/09/2019 14:57

The law aside:

Does it make sense for a company to hire someone who can’t start work for several months?

Basic reasoning says no.

I don’t know what the law is. Even if the law states that it’s discrimination blah blah, no one is going to choose someone for a job when they can’t start for ages. Maternity leave or not. Doesn’t happen in real life. Sorry.

Passthecherrycoke · 18/09/2019 15:00

It does. As I said it cleopatri, it’s happened to me twice on maternity leave. The company hire maternity cover, as they have for OP (and my) substantive roles

NCBabyBoy · 18/09/2019 15:07

The replies on here are awful! OP, I'd email them to set the record straight and then start job hunting. It's very demotivating to work somewhere if you don't respect your superiors and it sounds like you have (rightly) lost respect for yours. Contact Maternity Action if you want to. There's probably not much point in pursuing this legally, but I'd be very tempted to give them both barrels be very honest at the exit interview.

ChaosisntapitChaosisaladder19 · 18/09/2019 15:11

I agree with the home manager they wanted someone to fulfill the role immediately and you weren't available to do so.

MandalaYogaTapestry · 18/09/2019 15:18

Imagine the OP was working in a different job which required, say, a 2-month notice. Then she would apply for this vacancy to be told that the new person needs to start immediately. Would they have to hire her and find a cover over 2 months, so as not to "discriminate"? How is it different? I am struggling to see what would be the grounds for a grievance on this occasion. It is nothing to do with the OP's ML and everything to do with her unavailability to start immediately.

Or she could have always cut her ML short if she wanted the job that needed an immediate start.

Passthecherrycoke · 18/09/2019 15:21

THEY HIRE A MATERNITY COVER TO START IMMEDIATELY

blimey what’s so hard to understand?

ChaosisntapitChaosisaladder19 · 18/09/2019 15:42

So effectively they employers would have to find 2 people who are qualified and hire one who's available to start to cover for 2 months ready for op to start once her maternity ends and the other people is let go? Surely they can just hire the first person who was available straight away for the job?

Passthecherrycoke · 18/09/2019 15:56

No they hire the best person for the role
Without discriminating against women who have maternity rights. If they don’t want to at least pretend to follow employment law they shouldn’t be in business