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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:
TheTruthAboutLove · 16/11/2019 18:54

Also, in what way were you penalised for needing extra time off for appointments during your pregnancy?

maidenover · 16/11/2019 19:03

@Cosmogirl86 this thread is a disgrace. I’ve also been discriminated against during my current pregnancy/ maternity leave and it’s shit. When even other women have the attitudes displayed on this thread it’s no wonder that it’s so hard to get companies to follow the law in this area.

I hope this works out for you. I decided not to take it further and I feel like a total traitor to feminism but having suffered from really bad PND with my 2nd child and had a generally stressful maternity leave that time I just decided it wasn’t worth the stress.

maidenover · 16/11/2019 19:05

@misspiggy19 yeah it’s really fucking full sticking up for other women so that we can enjoy our legal rights.

Being kind never did anyone any harm, you should try it some time.

peachgreen · 16/11/2019 19:05

Again: the Christmas party thing IS discrimination. It's a benefit and OP is entitled to benefits when on maternity leave.

CareOfPunts · 16/11/2019 19:07

Also, in what way were you penalised for needing extra time off for appointments during your pregnancy?

Did she not say she missed training that they refused to reschedule despite there being alternative slots available?

CareOfPunts · 16/11/2019 19:10

The Christmas party thing alone probably isn’t discrimination

Except it probably is, because it’s less favourable treatment on the grounds of her having a protected characteristic.

If that’s the only instance of discrimination then probably not worth pursuing in and of itself. But as you say it may be evidence of a pattern of behaviour towards the OP due to her pregnancy and mat leave.

TheTruthAboutLove · 16/11/2019 19:15

I think this thread has been a massive drip feed. The first post is about the Christmas party alone and then we get more and more instances when people question or disagree with the OP.

However, I’m with the OP, if all of the things listed are true then it would hold up as discrimination especially if there was proof.
The Christmas party thing, there isn’t any proof, the company could very easily claim that the OP was missed from a mailing list or it was human error. But stacked up with everything else you can see a pattern emerging and it looks like there’s a lot more to it. I’m wondering if it’s happened before to other employees or not, or if it’s just the OP.

OP needs to keep a diary of dates, times, incidents so if it did go to an ET they have something to refer back to. If all of those things they’ve listed are true, it really is a shocking company to work for and I’d want this brought up to protect employees in future.

meow1989 · 16/11/2019 19:15

Without meaning to derail as I am not well versed on maternity rights and legal implications... where on earth do so many of you work that're so hostile?

I work in a large well known and serious organisation and within a smaller direct team and much larger corporate team. I'm certainly not senior but not junior either.

When I was on mat leave last year I was invited to work xmas dos and significant birthday meals. I stayed on our team whatsapp. I, much to the genuine delight of colleagues despite the mumsnet opinions I'm expecting around this, took ds in several times (and barely saw him for colleagues in my and the wider team coming for cuddles) and when my team were too busy to decorate for xmas I took ds in when they were out and did it for them.

I cant imagine working somewhere without a vibe like this.

Op I totally understand your frustration and feelings of dismay at not being invited and not being passed promotion opportunities, sounds miserable and difficult not to take personally.

Figgygal · 16/11/2019 19:24

It can't just be that they're shit a

CareOfPunts · 16/11/2019 19:27

But there is proof @TheTruthAboutLove. The proof being there is a Christmas party taking place which she hasn’t been invited to, in common with the other employees on mat leave. If it had been a genuine error (and that wouldn’t necessarily have stopped it being less favourable treatment and therefore discriminatory) then they’d have accepted that and invited her once it was pointed out instead of shunting her from pillar to post.

This is the definition of direct discrimination in the Equality Act
13Direct discrimination

A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others

That’s all it is. Not inviting someone to a party because they are on mat leave is most certainly arguably less favourable treatment and therefore discrimination (and being direct discrimination incapable of objective justification which is why the “we forgot” excuse doesn’t really wash)

TheTruthAboutLove · 16/11/2019 19:31

So, in that example @CareofPunts I’ve got direct experience of this - I’m female (obviously) and I’ve been missed from the distribution list for my work Christmas party, and because I was missed from the mailing list I haven’t had my accommodation booked for the party. Well I’m assuming I’m missed from the list, because everyone received their invite yesterday other than me.

So, could I walk into work on Monday and ask to speak to my HR Manager and say I feel discriminated against because I’m female?

CareOfPunts · 16/11/2019 19:36

Well, is it because you’re female that has happened? That’s what requires to be established under s13. Less favourable treatment “because of” a protected characteristic. Not just having the protected characteristic.

Here, given that all employees on mat leave were excluded would add weight to the employee’s argument, as does the other examples of her less favourable treatment. If the other examples hadn’t happened and other employees on mat leave were invited she’d find it harder to argue her exclusion was “because of” her having a protected characteristic

TheTruthAboutLove · 16/11/2019 19:41

The OP hasn’t said that all employees on maternity leave haven’t been invited to the Christmas party, just that she hasn’t.

The other thing was that it looks like HR organise the party but collate names for the party from each team leader. If what you are saying is correct then it needs to be established if all colleagues on maternity leave weren’t invited to the party? I’d also be speaking to the TL, I still believe from the limited information we have it’s a simple case of out of sight and the TL forgetting to include the OP in the Christmas party invites.

Original poster
Cosmogirl86 · 16/11/2019 19:43

I agree it is a massive drip feed as I hadn't really wanted to disclose this amount of info, but ended up doing so to defend myself. Anyway. Bedtime for twins. Goodnight

OP posts:
CareOfPunts · 16/11/2019 19:45

@TheTruthAboutLove she says pretty much that in the OP

Everyone except those on maternity leave have been invited from what I can gather.

CareOfPunts · 16/11/2019 19:47

still believe from the limited information we have it’s a simple case of out of sight and the TL forgetting to include the OP in the Christmas party invites

Yes, but then again arguably she’s been forgotten about “because of” the protected characteristic she has.

I’m not saying the OP definitely has a nailed on case for discrimination that she’d definitely win. Only a tribunal can decide that at the end of the day. But it’s certainly arguable!

TheTruthAboutLove · 16/11/2019 19:53

@CareofPunts I stand corrected. I missed that part from the OP.

It does go to show just how ambiguous things can be when it comes to HR - to me on its own it doesn’t stand up but mixed with every other instance it does scream of a problem. Especially if the culture is as OP says.

CareOfPunts · 16/11/2019 19:59

Yeah it’s not always straightforward for sure @thetruthaboutlove I’ve got a lot of experience and knowledge of this stuff and even now there are a lot of head scratchers. What I do know though is that if I was advising the OP’s employer I’d be telling them to get these “mistakes” remedied ASAP and cross their fingers that she doesn’t take it further

Marmite27 · 16/11/2019 20:03

Two maternity leaves. Two (paid for Christmas parties). I was invited and attended both. Also had regular calls / texts and with team updates, X has been promoted we’ve appointed Y to their old role. A has had her baby, B is on long term sick leave etc. Also was invited to a funeral Sad

TheTruthAboutLove · 16/11/2019 20:12

Absolutely. Not to derail but I work in a company where HR is ridiculously bad (I’m training and doing my CIPD while learning from my colleagues). Just this week we had a guy who is being bullied at work because his Mum is my boss (so a higher level than the manager at his site), he’s told he’s bottom of the ladder in the site, he’s there to clear up other peoples mess and that he’s not allowed to sit with certain members of staff at lunchtime as he’s lower in the pecking order of staff. And is denied PPE to do his job properly. All to prove a point to his Mum!
So when people say discrimination I always think to this incident here and how bad that poor lad has it right now, and guess what? It’s not even being dealt with properly as he’s too scared to raise it formally!

CareOfPunts · 16/11/2019 20:15

That’s really bad and putting the company at tremendous risk. Not least from the health and safety side if he’s working without appropriate PPE.

Hepsibar · 16/11/2019 20:19

If the Christmas Party is paid for by work then, in my opinion, you should have been invited. If it was something organised voluntarily then it is a bit thoughtless they forgot you prob manically busy in the run up to Christmas and the poor person who gets landed with organising it on overload or perhaps v junior, but you could also have asked them to let you know ... it's not too late. I can't imagine you are an utter pain that they wouldnt want to invite.

stucknoue · 16/11/2019 20:25

Whilst being invited would be a nice courtesy, you are on leave from work which means you aren't meant to be contacted about work matters, as this is for workers they don't need to invite you

pooboobsleeprepeat · 16/11/2019 20:27

This IS discrimination and if you are having other issues on top of that then speak to ACAS. You should be invited.

Aridane · 16/11/2019 20:29

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....

WHAT? - you get fed for free on Fridays?