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Original poster

Missing out due to mat leave

12 replies

sharequestion · 07/07/2021 14:29

Bit of a weird one this and potentially outing so I've changed my username...

My employers offer a Sharesave scheme which first started in 2018. The 2018 scheme is about to mature and those who enrolled stand to gain over £10k. The scheme only operates in the UK - for those empolyees outside of the UK who were employed in 2018, equivalent cash payments will be made automatically.

I was on maternity leave when the scheme launched so didn't receive any communications about it and therefore wasn't able to take part.

My question is, should I be pursuing this further? Is there any legal basis for employees on maternity leave being required to receive the same access to benefits as everyone else?

OP posts:
flowery · 07/07/2021 14:40

I don’t think there’ll be any point attempting to pursue it now- it’s three years later.

When did you find out about the scheme’s existence? Did you raise it and ask to join at the time you found out?

Original poster
sharequestion · 07/07/2021 14:41

Sorry, I should have been clearer - you can only purchase shares in a short window (I was on maternity leave the whole time) so if you miss it, you can't take part. I signed up to the next scheme but I didn't even know there was one in 2018 if I'm honest, but even if I had found out when I got back it would have been too late.

OP posts:
christinarossetti19 · 07/07/2021 14:49

If you were on maternity leave, you were still employed by the organisation and if the reason that you weren't informed about the 2018 scheme is that you were on maternity leave, that is discriminatory under the terms of the Equality Act 2010.

Were all employees, or at least other people in your team/at your grade included in communications about it?

It would be worth pursing if you're sure that you would have been included if you had not been on Mat leave. You might need to start by asking why you weren't informed of the 2018 scheme given that you were an employee.

pregnantthenscrewed.com/ might be useful.

Good luck. This sort of discrimination is rife and needs to be called out.

Original poster
sharequestion · 07/07/2021 14:53

Yes they were. Thanks Christina. I've sent a polite email to the HR team asking if those on maternity leave were eligible and if so, should I therefore have been informed. Will see what they say.

OP posts:
motogogo · 07/07/2021 14:54

Did they inform you but you didn't receive the email because you weren't checking your work account? If so it's possible they failed to inform you. That said unless you are planning on leaving I wouldn't persue because bad feelings could hinder your career

Original poster
sharequestion · 07/07/2021 14:58

The rule is that you're informed by personal email about anything that happens while you're off - some people have access to their work email, others don't. I received emails about other benefits while I was off (I just went back and checked). But yes, I suspect you're right - I want to stay at the company so it's unlikely I'll pursue it far enough to get any kind of result, but it might at least stop it from happening to anyone else.

OP posts:
flowery · 07/07/2021 15:38

It’s undoubtedly discrimination if you weren’t informed, the issue will be doing anything about it. The time limit for bringing a claim of discrimination is three months after the event, which has well passed. That limit can be extended by a tribunal if it is considered “just and equitable” to do so, and if someone literally had no idea they’ve been discriminated against at the time, an extension (even of a few years) may well be awarded. But you’d have to show you acted promptly when you found out, which is why I asked at what point you discovered there was a scheme in 2018 that you missed out on.

Original poster
sharequestion · 07/07/2021 16:54

Thanks flowery. I definitely wasn't aware of it until now but I'm sure they could argue that I would have been and I suspect the antagonism just won't be worth it. Obviously it's a lot of money and having recently been widowed I could really do with it, but equally it's a good job for a usually very good employer and I work part time so I'm kind of trapped.

I think what makes it more galling is that the UK is the only country where you have to opt in to this scheme - so if I lived anywhere else I would have got it automatically. So annoying.

OP posts:
That1GreenBottle · 07/07/2021 16:57

If you had access to emails on mat leave it's your responsibility to keep up to date I believe x

christinarossetti19 · 07/07/2021 17:00

OP has already said that she didn't have access to emails, but the company policy is to inform staff via their personal email if benefits arise when on mat leave.

I'm sorry to hear that you've been recently widowed sharequestion.

flowery · 07/07/2021 17:37

@sharequestion

Thanks flowery. I definitely wasn't aware of it until now but I'm sure they could argue that I would have been and I suspect the antagonism just won't be worth it. Obviously it's a lot of money and having recently been widowed I could really do with it, but equally it's a good job for a usually very good employer and I work part time so I'm kind of trapped.

I think what makes it more galling is that the UK is the only country where you have to opt in to this scheme - so if I lived anywhere else I would have got it automatically. So annoying.

Sorry to hear about your bereavement Flowers

Hopefully raising this with HR might cause them to consider doing something about it without you having to explore legal action.

Original poster
sharequestion · 07/07/2021 21:36

Yes fingers crossed, thank you. And if not I won't push it from a personal perspective but will make sure it doesn't happen to anyone else.

OP posts:
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