Maternity discrimination?

[Heyha]

Hi
Returning from mat leave after 9 months, public sector job. Been told my middle management post is not going to exist any more and I'll be redeployed into a job in the management level below. That's maternity discrimination, right? It's also a redundancy situation isn't it, with an unsuitable redeploy being offered? ACAS seem to lead me down that way of thinking but obviously they can only only signpost rather than giving opinions. There is only one redeployment option, nothing at the equivalent management level. Have I got a leg to stand on?

Yes it's not on.
Do you have Union support?

Yes, thankfully 🙂 having a chat on Monday. Wouldn't be so bad if I didn't like my job but I was quite geared up for going back til this news!

If your post is being removed that is a redundancy situation and they need to follow the appropriate process. Have they? Are you satisfied it is a genuine reason for removing the post?

They’re not expected to create a suitable alternative post out of nowhere if one doesn’t exist. Offering the option a management level below isn’t discrimination- nothing wrong with offering it. If you feel it is not a suitable alternative you need to be clear about that. If your post is genuinely gone and there isn’t a suitable alternative and you don’t want the unsuitable one, you’ll be redundant.

It’s unclear whether there is any maternity discrimination involved. All of what you say could be perfectly genuine, with a correct process, or it could be manufactured because of your maternity leave and/or not following the correct process and/or there may be a suitable alternative vacancy available they’re not telling you about.

Yes it is a bit of a mess @flowery forgive me for not going into too much detail. ACAS were very clear I should expect to return from maternity to a job of the same status even if not the same post.

I wouldn't argue the role is redundant (WHY they've chosen my post is complicated), at the moment the employer isn't treating it as such even though it's a single job that will disappear for ever, so I'd have thought it was a no brainer really.

”ACAS were very clear I should expect to return from maternity to a job of the same status even if not the same post.”

If there is one. Your employer is not expected to invent a job out of nowhere if there isn’t one. If there are genuine business reasons why your own job has been removed, the fact you happen to be on maternity leave doesn’t mean they aren’t allowed to make that business decision. But just as when anyone’s job is being removed, they have to go through an appropriate process.

On what basis are they saying this other job is suitable? Presumably your salary etc is staying the same?

Protected salary for a period of time. Loss of status was the phrase ACAS used...I totally agree my role is being removed and appreciate they can't make up a random new one...I'm trying to figure out if it's an inappropriate redeploy to put someone in a job that is a demotion. I don't want to be redeployed, basically, but I don't think they want to pay out for redundancy either. I think that'll be the impasse.

One level higher or one level lower is considered suitable alternative employment for redeployment. I assume though that you haven't been through the redeployment process?

Did they give a reason as to why this will be the case?

Yes as far as I know you do have a case, as they should be offering something at an equal level. The only thing is, I'm sure when I read up on this when I was on Mat leave, I thought the rule is they can give you another role, if your role is no longer available, as in they are getting rid of it, it would only be wrong if say for example they tell you that you will be put in another role, and your previous post still exists, and they have, or will put someone else in that position.

”One level higher or one level lower is considered suitable alternative employment for redeployment.”

There is no such rule/law. Although OP can be offered any job that is available, to be considered a “suitable alternative” it needs to be suitable for her skills and experience and on no less favourable terms and conditions. Status is relevant so OP could definitely argue that a job that is clearly of lower status is not a suitable alternative.

If you're in a union, I wouldn't bother with ACAS. If you think there has been maternity discrimination, ask the rep if they will get the union legal team to review the situation. You need to think pragmatically about how much money you'd want to not pursue a tribunal.

When are you expected to return compared to when your job is being made redundant? It's not clear from your post.

She could argue that a job of lower status is not a suitable alternative. Acas advice during redeployment however was that, as long as salary and benefits remained the same then there was no grounds for redundancy if a role one band lower was available. This was within the public sector. Although we are still fighting the process it appears there is nobody prepared to back a 'like for like' redeployment.

@leghairdontcare I don't know yet...it's me that's pointing out to the employer that my post is redundant. I'm due back in March and my current role will certainly be for no more than 6 months after that. So they could argue I'm coming back to what I left, I guess, as it's months not weeks before my current role vanishes.

Thanks for all the thoughts- it's helping me narrow down to a focus/ target rather than just saying "well this is all crap!"

Ok, so you’re returning to the same role, so the maternity right-to-return stuff is all fine. And they’ve started consulting with you very early about the fact that your role will be disappearing in a few months, for which you are satisfied there is reasonable justification.

I can’t see any maternity discrimination angle at all, unless you think the real reason for your role disappearing is that you’ve taken maternity leave?

You can still make the same arguments about the redeployment not being a suitable alternative therefore you being entitled to redundancy. But if this isn’t happening for months, and you work in the NHS, isn’t it reasonably likely that a role at the same level might come up during that time?