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Original poster

Not invited to Christmas party on maternity leave - discrimination?

181 replies

Cosmogirl86 · 15/11/2019 15:45

I'm hoping to get some advice on this as I'm not overly familiar with employment legislation, and I'm not certain what constitutes discrimination and what doesn't.

I have been on maternity since June and found out last week that the Christmas party has been arranged and I've neither been notified or invited. I only found out when a friend in the office told me as we chatting, she assumed I'd been asked.

The Christmas do is always paid for by the company so the employee does not pay for themselves and is therefore a benefit of the job. Everyone except those on maternity leave have been invited from what I can gather.

I have emailed my team leader several times, and eventually got a response to say its her not her responsibility to invite me and to contact hr. I contacted HR with no response. I have since found out from my team leaders manager that it is her responsibility to invite me, yet I still have nothing.

So after multiple emails, I am ready to give up as I don't like feeling like I'm begging to be included. However I am feeling very isolated and excluded due to this.

Does this count as discrimination? I'm based in Northern Ireland if that makes a difference?

OP posts:
EggysMom · 15/11/2019 17:23

The party is a staff benefit in my mind as it paid for by the company - I was simply asking if this is also something to bring up with the solicitor or if it was not.

Why pay for legal advice and then ask a forum whether you should mention something? It will only take ten seconds to mention to the solicitor, and you'll get an accurate answer rather than a layman's opinion.

crazyangel1981 · 15/11/2019 17:23

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OnlyTheTitOfTheIceberg · 15/11/2019 17:26

This is from a UK solicitor's website - an employment law guide to avoiding issues arising from Christmas parties:

"Avoiding discrimination

This is a rarely-mentioned point, but when a party is being organised, it is vital to take everyone’s needs into account – especially when dealing with different religions and cultures. Celebrations must be non-discriminatory, and this can relate to anything from the theme to the timing of the event. Food and drink options should take vegetarian and vegan requirements into account, and should provide non-alcoholic drinks. Avoid clashes with other religious dates such as Hanukkah, or the Islamic New Year. Also, remember to invite people who may work for the company but might be on leave, ie maternity leave. Nobody likes to be left out at Christmas!"

The very fact it's mentioned under a section headed "avoiding discrimination" suggests that it could easily be discrimination not to invite someone on maternity leave, and the fact that the OP's party is paid for by the employer and she is therefore missing out on a staff benefit, increases the likelihood that it would be.

Potatoesx12 · 15/11/2019 17:26

I agree IDontEvenHaveAP.

I have to sign forms to say what sort of contact I wanted and how often.

Original poster
Cosmogirl86 · 15/11/2019 17:27

@IDontEvenHaveAPla I've already stated there was an arrangement made that they would email my personal email and they did not.

I am not due to meet my solicitor for several weeks, although I have emailed them. I was very bothered by this as it seems like one thing after another, so I decided to turn to this forum to see if anyone here has more knowledge than me.

OP posts:
titchy · 15/11/2019 17:28

Regardless of whether it's technically discrimination, given the other issues with your employer, it's worth mentioning to your solicitor because it points to a culture of excluding and dismissing the concerns of employees on maternity leave.

LolaSmiles · 15/11/2019 17:31

It sounds to me like you may have a couple of valid legal queries, but rather than focus on them you're now trying to twist anything and everything to add to your case

Not informed of internal vacancies is a problem, especially if you've asked to be kept informed via personal email.

Pay rise due to an admin error that's in the process of being sorted seems like clumsy admin rather than discrimination

Christmas parties are normal for those at work. You're on maternity leave. I'm a little unsure on what ACAS are going for with the reference to social events quoted earlier as by that definition, I should also get invited to all bring and share birthday lunches, every Friday afternoon pub trip after school etc or be able to claim my department is discriminating.

As you're seeking legal advice they will advise more than strangers on a forum, but I'd keep to the real issues.

IDontEvenHaveAPla · 15/11/2019 17:49

OP, you keep saying as stated earlier but fail to realise you're not exactly being clear. Hence why questions are being put forward to you.

What was discussed exactly when that was agreed? You mentioned they would email you promotions, but what about general company information regarding any changes? Did you not have a discussion before your leave to discuss what sort of contact you wanted and how they could contact you?

As Lola said, it does look like you're just looking for anything else to add to your case.

Nothing you have stated so far suggests actual discrimination but there definitely appears to be some administrative errors, one which is being rectified and miscommunication.

It may be worthwhile that instead of looking for continuous faults, you get in touch with your management and HR, inform them that you are not receiving communication and could they ensure that as of immediate effect they ensure you are included in all company emails that are for the attention of all employees, so things such as company changes, policies, promotions.

You can then highlight that you have missed promotional opportunities because of this and want to ensure this is not repeated.

Davespecifico · 15/11/2019 17:55

I think I would concentrate on your other work concerns/complaint and drop the Christmas party bit. Even if they should invite you and have deliberately not, I think bringing it up will muddy the waters.

Lolacat1234 · 15/11/2019 18:24

I'm currently on maternity leave since April and work for a massive insurance company. I was invited to the Xmas do (not that I'm going!) and have been invited to team drinks, away days, lunches etc. I would feel upset if I didn't get invited and think it is discriminatory. I'm also a PA and when I'm at work I usually organise the Xmas do, and everyone on maternity leave are always invited xx

NaturalBornWoman · 15/11/2019 18:25

Christmas parties are normal for those at work. You're on maternity leave. I'm a little unsure on what ACAS are going for with the reference to social events quoted earlier as by that definition, I should also get invited to all bring and share birthday lunches, every Friday afternoon pub trip after school etc or be able to claim my department is discriminating.

By definition bring and share lunches are not paid for by the company and probably neither are Friday after work pub meet ups, so no not the same at all. The Christmas party is paid by the company for all employees, therefore it's a benefit, and therefore it is discriminatory to exclude someone on mat leave.

it does look like you're just looking for anything else to add to your case.

Yes, she's building a discrimination case. Why on earth wouldn't she add whatever she can to strengthen that case? Did you say upthread you're a solicitor? I

Lolacat1234 · 15/11/2019 18:26

Also just to say even though you are on "leave" you are still an employee and a good manager will do all they can to keep you feeling in the loop and included. My manager is very light touch but always checks in every other month or so to see if I want an update on what's happening etc

TreesSandSea · 15/11/2019 18:26

No. Not discrimination

Reachedsohigh · 15/11/2019 18:37

By definition bring and share lunches are not paid for by the company and probably neither are Friday after work pub meet ups, so no not the same at all. The Christmas party is paid by the company for all employees, therefore it's a benefit, and therefore it is discriminatory to exclude someone on mat leave.

We all have lunch paid for by the company on a friday every week, tea and coffee is paid for by the company, gifts are brought in by clients and shared out....I could carry on but would it be discrimination not to invite someone on mat leave to join us every week or to not phone them to see what they want from the gifts? Where does it end? The promotion, potentially discrimination, the pay rise, again potentially discrimination but the christmas meal is clutching at straws a bit.

Ribbityrib · 15/11/2019 18:51

How many of the people posting on here actually know what they are talking about? Because the thread reads suspiciously like a large number of people spouting off their personal opinions with zero knowledge of employment law...Acas telling you it's a problem on their website should probably count for more than some random mnetter who reckons you are being entitled and who cares about Xmas parties anyway?

pottypotamus · 15/11/2019 18:59

Not sure where you stand legally Confused
...but I would say you are still an employee and therefore should be invited to work related do's.

I was on mat leave at 2 separate places of work, one private owned company and one big corporate organisation. Both invited me to the paid for Christmas party while I was on Mat leave. It was up to me whether I wanted to go or not.

LolaSmiles · 15/11/2019 19:04

Ribbityrib
I don't doubt ACAS, which is why I've said the OP has some genuine issues.

What I'd like clarifying is how far this "social events" extends. For example could I claim discrimination because I didn't get invited to the Friday after school pub trip that happens weekly? What if the team go for an early bite to eat between the end of the school day and the open evening?
To me, claiming discrimination for not being invited to either of them would be ridiculous and also opens up a grey area of contact from work.

When you look at the ACAS big document, it doesn't talk about social events and acknowledges that contact with women on maternity leave needs handling with care to balance sharing information and a woman feeling she is under pressure to return.

It's why I think the OP needs to focus on the main issue about not being informed of promotion opportunities and spend less time arguing over the Christmas party

Elodie2019 · 15/11/2019 19:06

I would just enjoy your maternity leave tbh. It goes by really quickly and before you know it, it's back to the world of work. For years and years without a break. Enjoy the time off with your baby.

Is the OP even planning to go back?
She seems very discontent. Especially with her line managers.
Maybe her employers will pay her off. Seems the norm nowadays.

NaturalBornWoman · 15/11/2019 19:07

Acas telling you it's a problem on their website should probably count for more than some random mnetter who reckons you are being entitled and who cares about Xmas parties anyway?

Quite.

When I first read the thread I thought the OP had posted it in AIBU, but no, we're getting mass pile ons on the employment board now. It beggars belief.

Ribbityrib · 15/11/2019 19:07

Lola I think it's clear I wasn't really talking about those posters who have read and considered the ACAS documentation in depth Wink

TheTruthAboutLove · 15/11/2019 19:48

OP, I’m a HR Professional and it’s a difficult one.

Remember any complaint is going to be dealt with by facts, rather than he said she said. In regards to the promotion opportunities I have a few questions?

  1. After you agreed you’d be notified by email of any internal vacancies, were these going to be automated notifications, or from a specific person? This could be as simple as someone forgetting to e-mail you, I know in HR and Talent I’m rushed off my feet and would never remember to email someone every time a vacancy became available. So depending on how the opportunities were to be relayed would be how I’d proceed with this.

  2. The Christmas Party, would you have gone if invited or are you turning this into a bigger issue than it is because of the promotion side of things? Again it could be a similar one of people forgetting, it could be something sinister, but it needs to be proved it was a sinister intention via facts, not you just feeling that way.

It’s not any help at all, but I don’t think this is discrimination unless you can prove they’ve acted that way deliberately and it wasn’t just human error.

LolaSmiles · 15/11/2019 19:54

Ribbityrib
Ah. I didn't want to fall into that group.

What's interesting is that the social events isn't in their main 25 page documents, but is on the previous page but it's only a "should" usually, not a must, and ACAS themselves have said there's a difference between should and must, which is why I'm a bit unsure how much people can try to argue social events.

In all seriousness, what would the typical line be?

NorthEndGal · 15/11/2019 19:58

If the job opportunity came up while you are on mat leave, and you are prepared to end mat leave early to fill the roll, you should be able to apply for it.
If it was for a position starting while you were off, and you aren't willing to come back early, I can see why they wouldnt include you in the opportunity to apply.

Di11y · 15/11/2019 20:05

it is discrimination. it's a non cash benefit that you're entitled to whilst on mat leave.

Original poster
Cosmogirl86 · 15/11/2019 20:11

Sorry I can't reply much - twins to get ready for bed.

In terms of communication my email was supposed to be added to the mail list, it wasn't.

I genuinely can't reply much to this thread but I appreciate the input

OP posts:
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