Pre determined consultation outcome

[herewegoohherewego]

My employer started a consultation which got paused due to colleague on maternity leave (me). They are restarting it when that colleague has returned. I gather this could be maternity discrimination.

The initial consultation involved downgrading four jobs to a lower rank, and keeping one of the existing ones at the current rank. Demoting most of the team in effect.

Whilst being on mat leave, they have recruited people into the team at the lower rank. Given that these are permanent posts, I am concerned that it suggests my employer have a pre determined outcome to the consultation, rendering it pointless. Could this be the case, and if so, what can I do about it?

Some of the posts have been vacant, hence why recruitment has been done recently. Nobody in post has had a contract change or been consulted with yet. Not officially anyway.

I don’t fully understand what you mean, what has happened to your role so far and what is it that you think is maternity discrimination, I didn’t see anything suggesting this from your post.

My main concern is that they have already decided to downgrade most of the posts due to recruiting for some of them at that level. Surely a consultation isn't a consultation if the outcome has been determined beforehand? I assisted with one a few years ago and I thought you had to be able to demonstrate that you've listened to opinions and come to the conclusion you have after consulting with people?

PregnantThenScrewed told me that work pausing the consultation when they were informed of my pregnancy and restarting it only after my protected period has ended may be maternity discrimination. I only mentioned it in my OP as relevant context but not what I need help with

So are you saying that one post has been kept at the current level? They haven’t kept this post for you have they? as if you are currently on maternity leave (in your ‘ordinary’ period I.e the first six months of your leave) and there is a redundancy situation they have to guarantee you your old job if it still exists or the closest equivalent one of the vacancies I believe (no interview or anything, but simply give you the job). If you are in the additional Mat leave period (I.e the second six monhts) I believe they have to offer you a job that is similar in level/responsibility and pay if your original job isn’t available.

You should definitely speak to your HR team about your concerns and what role they have you returning to after your Mat leave

Lots of people would prefer this type of exercise to not take place while they are on maternity leave and would prefer it to be paused. Obviously you would rather they had gone ahead but I wouldn't automatically assume it was discriminatory to wait.

When they paused it, did you say you'd rather they continue?

I'm unclear how they are consulting to downgrade existing post but also recruiting into the downgraded posts. That doesn't make any sense. If the individuals in the posts at the original grade refused the proposed change to terms and conditions and either resigned or were dismissed, then the employer could recruit to the now-vacant post. But how can they recruit if someone is still in post?

Anyway, yes consultation has to be genuine, so as part of the consultation process, if you think these other roles being at a lower grade means yours will automatically have to be, therefore a decision has already been made, you should raise that during the process.