Not invited to Christmas party on maternity leave - discrimination?

[Cosmogirl86]

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?

And taking them to tribunal because you didn't get invited to a party is laughable. Women like you are why employers don't like hiring women of childbearing age.

This is not about the party, this is about deciding whether there is a pattern of discrimination that is continuing after job vacancies were not sent to the OP and her pay rise not being implemented.

Women like you are why employers don't like hiring women of childbearing age.

Seriously fuck off with your 'women like you' shit.

It's people like you who contribute to the culture of misogyny and discrimination in workplaces.

@titchy Bollocks it is. It's women like me who have the brains to pick the battles that matter so that they are taken seriously, rather than getting worked up over something so utterly insignificant.

So you don't think not getting a pay rise or being considered for promotion whilst on maternity leave are battles that matter then? Okaaaaay....

Did I say anything about pay or promotion? No. I said complaining about the party was insignificant. Especially as staff entertainment would not be classed as a company benefit unless it is specifically mentioned in her contract, so she doesn't have a leg to stand on anyway.

Incidentally, I work in HR so do know what I'm talking about. Hope that helps.

How utterly depressing to see so many women piling on to a new mum who has the temerity to expect fair treatment during her maternity leave. Christ.

OP, all these things are discrimination and you're right to bring them up to your solicitor. A paid for Christmas party is a benefit and you're entitled to it when you're on maternity leave. That action alone is unlikely to make it to tribunal but as a pattern of behaviour it may be worth contributing to your case - your solicitor will decide.

Did I say anything about pay or promotion? No. I said complaining about the party was insignificant.

It was part of the OP..... She didn't say anything about taking them to court for not inviting her to a party. She asked if it was worth mentioning in the context of the other issues, and an employment solicitor said yes it was - it may be useful to show the culture of the organisation, although it also might detract from the substantive elements, but worth mentioning to her solicitor.

At least read OP's posts before jumping in criticising 'women like her'.

Depressing thread. Good luck op

Why are you asking on a public forum when you have already engaged paid legal advice? I mean, isn't that part of your solicitor's job?

I was invited to my work party on mat leave...but I certainly wouldn't have felt 'very isolated' if I hadn't been, or tried to angle at potential discrimination!

FFS this thread is unbelievable.

Women like you are why employers don't like hiring women of childbearing age.

This doesn't look like MN anymore, more like a Facebook feed where the least informed have the loudest opinions.

ArtichokeAardvark - My employer only observes employment law regarding benefits and vacancies during maternity leave because women took them to the cleaners. When my time to take maternity leave came it was a smooth ride because of those women. Why aren't you asking why some employers try to break employment law?

Good luck OP. I hope you won't have to take your complaints further but if you do I hope you get a positive result.

I genuinely don't like mums net anymore as a forum. I did expect backlash, but I did post in employment issues, not aibu. I have given up on this thread.

I must have been very fortunate, as with both periods of maternity leave I was invited to my team's Christmas work do (which they paid for). I ended up doing a KIT day on both occasions so maybe you could request to do a KIT day on the day of the Christmas work do if you're that keen to go?

Yes Arguably it is. The argument being that you are being treated less favourably than others who aren’t on mat leave. Just because it’s minor in the grand scheme of things doesn’t mean it’s not still unlawful discrimination.

Have you asked to go? Sometimes people can be overlooked, shouldn’t happen but sometimes does.

That's a shame as there's been some good advice amidst the idiocy. I agree it's depressing but you have to have a good filter these days on mn. I posted the other day about my cracked ribs/a&e dilemma and got some ludicrous replies (apparently a broken rib counts as 'major trauma' ) but enough helpful ones to change my mind about whether or not to go to a&e.

I mean I haven't even gone into it all. Like how I was penalised for needing additional time off due to needing to see consultant every two weeks of pregnancy - I missed training and it was not made available to me though other time slots were available. Or how there is generally a culture of making women feel like a burden. But no. Its a hr admin error. Its me over reacting. I'm entitled! There must be another reason I didn't get that promotion or pay rise! I'm difficult to manage! I'm petty. All things said to me on this thread.

But honestly, whatever. It may never reach tribunal. It probably won't. Because when a woman decides to make noise and ask for what's fair, she's a nuisance and must be silenced, and even other women take part in the silencing.

The pay rise thing is more complicated, it should have kicked in during my leave but due to an admin error it didn't - im currently hoping to get this back dated

In GB this would require to be backdated to the start of your mat leave and trigger a recalculation of your mat pay. Check it’s the same in NI.

Some of the replies on this make my blood boil. Fair enough not to have a clue about discrimination law, but don’t make out you do. Also, women really are their own worst enemies sometimes. Sorry so many clueless dicks appeared on your post @Cosmogirl86

I'm currently on mat leave in Northern Irela d OP. Company of about 700 employees.

I was invited by letter to the company conference which included an overnight stay and fancy dinner, and was also invited to our team Christmas dinner...but we pay for that ourselves with just a little bit towards it from the managers.

I dont think its discrimination not to be asked however. Can you check your mat leave policy? Mine was vague and just said there would be minimal contact but they would inform me of anything relevant out of courtesy.

Incidentally, I work in HR so do know what I'm talking about. Hope that helps.

You really don’t. Sadly I’ve come across plenty of clueless HR people, often very senior.

Have you heard of “custom and practice”?

With your update OP, it confirms what many of us have said in that there's clearly multiple concerns.

However I think the party thing is a grey area. Even in the ACAS guide they talk about should Vs must and I don't think social events are in a must category.

If you're looking at raising a grievance then to me it seems obvious to stick to the main issues and avoid messing around with "but it would be nice to be invited to the work do".

@maidenover

Good to see so much solidarity from the sisterhood for someone experiencing maternity discriminationm

^Sisterhood? Boring

This isn’t discrimination OP. If someone was on a sabbatical would you expect them to be invited to the Christmas party?

You cannot deny a woman a pay rise that they would have received had they been at work.

Absolutely. And more than that, the pay rise has to be backdated to the start of the reference period where mat pay is calculated , so they may even get the benefit of it before employees not on mat leave do. One of the few positive discrimination examples in employment law. (So even earlier than the start of mat leave, as I incorrectly wrote earlier)

Also, from the ACAS website

During maternity leave, the employee is entitled to benefit from all their usual terms and conditions of employment, except for remuneration (monetary wages or salary), although they may be entitled to receive maternity pay.

An employee on maternity leave should be kept up to date with anything that is happening within the workplace. This should usually include, but is not limited to:

promotion opportunities
changes at work
social events.
How the employee is kept up to date should be agreed between the employee and employer before the maternity leave begins.

Am glad some more knowledgable posters have come along @Cosmogirl86 and am shocked at how supposed HR staff members dismiss and belittle your thoughts, plus the casual 'I'm too busy in HR to remember to comply with my legal obligations regarding maternity leave" I can definitely see the sense in exploring whether there is a pattern of discriminatory behaviour, but also the questioning in your mind as you have been dismissed so frequently with excuses or denial by your employer so you're doubting yourself.

Hope employment situation resolves itself to you satisfaction OP.

This isn’t discrimination OP. If someone was on a sabbatical would you expect them to be invited to the Christmas party?

What protected characteristic would someone on a sabbatical have?

OP - if you’d added that in at the start then it would’ve been quite obvious there is clearly a pattern emerging for possible discrimination. The Christmas party thing alone probably isn’t discrimination no, but added together with all of the other things that have been noted by yourself it’s in a long line of grievances against the company.

What do you mean when you say there’s a company culture of women being a burden? Do you have previous examples of colleagues being treated similar to yourself that you can use in evidence?

The training thing is ridiculous, I’d love to know what their reply was when called out on it.