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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:
mydailymailhell · 16/11/2019 20:33

My u deters dung is that herb you are maternity leave you have to be treated the same as all other employees, save as to pay. Therefore, if all other employees have been invited, you should be. Picture it this way, if you were in the office and everyone was invited to the party but you were not, then how would that look? Just because you are “out of sight” doesn’t mean you can be treated differently. Obviously lots of people can’t be bothered with their work parties it if you have a point to make, I think this can probably be added to the list. There are some good online resources out there such as Pregnant and Screwed.

MythicalBiologicalFennel · 16/11/2019 20:33

@stucknoue

.... and another one that

A. Has no knowledge about the subject
B. Hasn't read the thread
C. Wants to share their opinion
Hmm

Aridane · 16/11/2019 20:35

What the fuck has happened to Mumsnet in recent years.

OP posted in Employ,ent Issues, not AIBU.

A few years back, much the same question in AIBU did not receive such a hostile response - www.mumsnet.com/Talk/am_i_being_unreasonable/2529745-They-forgot-to-invite-me-to-Xmas-party

mydailymailhell · 16/11/2019 20:36

Sorry major typos there - “my understanding is that when you are on maternity leave ...”
Another point is that employer funded parties are usually treated as a taxable benefit unless it goes above a certain amount, so not comparable to free biscuits etc

m0therofdragons · 16/11/2019 20:37

If you wanted to go to the Christmas party why didn't you tell them? If it happens every year in the same format then you knew what to expect and can proactively check the date. That isn't discrimination! The rest might be but in reality, kicking off could be career limiting. It shouldn't be but this is my experience. Think about what you actually want the outcome to be from your complaint.

Aridane · 16/11/2019 20:43

OP - I think this is something you should mention to your solicitor to see if it forms part of the bigger discrimination picture. Christmas parties are a notorious minefield in employment terms in so many ways. I suspect it is a lesser deal than you think it is but in context is a piece of the Jigsaw that is part of the general workplace crap you have been facing

Ginger1982 · 16/11/2019 21:27

Some people on here have been really horrible. It may not be discriminators per se but she's still an employee and it's a bit shitty not to invite her.

KatherineJaneway · 17/11/2019 06:57

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

Clearly not or you wouldn't be talking such rubbish.

eurochick · 17/11/2019 07:10

This thread is depressing. OP it does sound like a concerning pattern of behaviour.

GPoli · 14/12/2019 10:26

Wow some mixed responses to this question and some harsh.
It's actually indirect discrimination. It's happened to me...same year I took maternity leave in so I jad contributed that year... a lot.
So yes..it's indirect.

flowery · 14/12/2019 14:45

It’s not indirect discrimination, it’s direct. OP is being treated less favourably because of her pregnancy/maternity leave.

I would also like to add that there seems to be a misconception here that intent is relevant. If it was an accidental oversight that doesn’t mean it isn’t discrimination. Discriminatory treatment doesn’t have to be malicious, it can frequently come through ignorance of legal requirements or incompetence/error.

flowery · 14/12/2019 14:45

I could put on my “I know what I’m talking about” badge but this thread shows that would be meaningless! Grin

Dandelion1993 · 14/12/2019 14:51

Op you're being silly.

You're off work which means you are not included in anything there.

Why would they give you a promotion and pay rise when you aren't there?

They have to legally keep your job for you, nothing else.

leghairdontcare · 14/12/2019 14:55

flowery Grin

Dandelion1993 Biscuit

flowery · 14/12/2019 15:00

” Op you're being silly.

You're off work which means you are not included in anything there.”

Why would they give you a promotion and pay rise when you aren't there?

They have to legally keep your job for you, nothing else.”

Good grief. If you are that completely ignorant in respect of employment law, please don’t post in this topic or make statements about what the law says. You’re making yourself look foolish and some poor woman reading this might actually believe you.

Hohonoshow · 14/12/2019 15:28

I wish there was some way to make all the "I once had a job and I'm female so I know what discrimination is and this isn't it" posts disappear so that OP could read the very few from people who are actually clued up on equality legislation.

zoemelb · 14/12/2019 15:33

No I don't think it's discrimination. Would be nice if they invited you but not a requirement by law. Sometimes people will just forget while you haven't been around.

flowery · 14/12/2019 17:05

”Would be nice if they invited you but not a requirement by law.”

What are you basing that advice on? The Equality Act says women cannot be treated less favourably because of their pregnancy/maternity leave. How is excluding them from a paid-for Christmas party not treating them less favourably? If a company gave £50 of vouchers to all employees at Christmas time, it would be unlawful discrimination to exclude women on maternity. This is the same.

zoemelb · 14/12/2019 18:15

@flowery: I think discrimination during pregnancy is more about your pay, work conditions or contractual terms.

Does OP sure that no-one not invited to the party? At my works not everyone does for example, just because you are at different office or maybe offsite, and invited that team/employee may mean the company will have to sort out your travel. It doesn't give ground for discrimination for that group/employees.

If everyone gets a fixed amount of bonus or pay rise and you don't get because of being on maternity, then I think it has the ground for discrimination.

I'm not the lawyer or study about employment law. Just my opinion.

maternityaction.org.uk/advice/discrimination-during-maternity-leave-and-on-return-to-work/

Hohonoshow · 14/12/2019 18:46

How is it not work conditions though?

zoemelb · 14/12/2019 19:15

Will you not get paid if you don't go to Christmas party? Was the invite sent to everyone to prove that only OP was not invited, and is there proof? It's hard to prove that everyone was invited, in reality. Or it was invited to OP but through work emails instead and she didn't check it (it isn't employer responsibility to make sure you receive the invite)? Did OP make a case to the employer that she wants to attend but refused because she's on maternity and they don't want her to attend (will probably be discrimination) ? Also if every year OP was invited and only this year she was not? Has any other woman on maternity leave not invited as well or only her (if only her then probably just a mishap, if everyone on maternity leave not invited then it's probably discrimination but then again can she prove it)?

ohwheniknow · 14/12/2019 19:21

Fuck sake, no wonder the op abandoned this thread with the utter nonsense people keep posting.

cultmaskid · 14/12/2019 19:30

Are you trying to sue them so you don't have to work again
You sound a nightmare

Hohonoshow · 14/12/2019 20:23

Yeah, cultmas, these uppity women wanting equal treatment and everything when they should be grateful they are allowed to work in a man's job in the first place.

Hohonoshow · 14/12/2019 20:25

...also the idea that a tribunal settlement would mean you could afford never to work again is a bit of a laugh. Lol.