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Original poster

Is this discrimination?

56 replies

Ohtheaudacity · 18/02/2022 18:58

I am on maternity leave and due back to work at the end of May. I have a 4yo and 8mo. When I return to work I will have had a full year of mat leave. My pregnancy was uncomplicated but my son fell very poorly at 14 weeks old. He pulled through but is now being investigated for potential cerebral palsy. I had a meeting with my manager in January and explained my personal situation and how my desire now was to reduce my working hours/responsibility (my current role is senior management with a huge workload) to have a better work life balance. They were receptive to this and went away to work on a new position for me in the company in reduced hours/responsibility.

Today I had a further meeting with them where they outlined a new position to fulfil a business need and which suited my needs. I was made aware they had offered my current role to the person who is my maternity cover currently. However, it was then explained that my new role would be on a significantly reduced salary pro-rate, almost £6 an hour less equivalent. I raised a concern that as a woman returning from mat leave I was entitled to either my old job back or a different role on the same pay. They then said in that case I could either have my old role back on my old hours & salary, or accept the new job on the reduced salary (“hourly rate”).

I spoke to ACAS who advised because my employer has verbally offered my current role to someone else, they have effectively brought my current job to an end. As this has happened while I am on maternity leave and they have offered the role to my maternity cover, it could amount to discrimination. ACAS have also advised me that verbal job offers and acceptances are legally binding. My employer is therefore obliged to offer me a job on similar terms than I was on before as they have effectively brought my current job to an end.

Does this sound right? I don’t want to raise hell unless I have to as I work for a small company and I’ve been there for 15 years. I’d really appreciate any advice and will answer any questions. Thank you.

OP posts:

PolkaSpace · 18/02/2022 19:00

Oh sorry thought I'd replied sorry if it comes up twice. Is it possible for them to have you both doing your current role or do they just need one.

Cakelover17 · 18/02/2022 19:05

I don’t think making a huge fuss is immediately the right response here. You requested less hours and responsibility, surely less responsibility = less pay. Maybe see if there’s a way you can meet in the middle?

Did they specify that your cover had already accepted the roll or have they just provisionally ran it by them?

Original poster

Ohtheaudacity · 18/02/2022 19:07

@PolkaSpace I posted on aibu and here, not sure how to get the other thread removed! A job share would be feasible but it’s not been suggested to either of us.

@Cakelover17 hi, you’re right, I really don’t want to cause an issue unless I absolutely have to. She has verbally accepted the job - and told me!

OP posts:

PolkaSpace · 18/02/2022 19:07

Ah sorry!!! Yes you have. I meant so there's 2 roles rather than 2 of you sharing the 1 role if that makes sense.

Original poster

Ohtheaudacity · 18/02/2022 19:08

@PolkaSpace I don’t know how it would work with us both doing the job, it’s not something we’ve really explored but I could suggest it.

OP posts:

PolkaSpace · 18/02/2022 19:09

Obviously we don't know the role see. In my job they could easily say theirs enough work to have 2 of us doing it.

LIZS · 18/02/2022 19:10

Would they cap your pay at previous rate in the reduced role? Or is the difference in responsibilities too great. Is it a role you would choose to apply for? Are there additional responsibilities which could up the level? I think of you have requested a downgrade and change of terms the rule about an equivalent role would not apply.

Cakelover17 · 18/02/2022 19:16

I think because you asked them for less hours and responsibility they arnt going to be held to the ‘same or equivalent’ rule, because it’s you that’s requested it, and you don’t want equivalent responsibility. But regardless they are still willing to offer you your original role and pay so I can’t see what is discriminatory here. What happens to the maternity cover kind of isn’t your problem really.

superking · 18/02/2022 19:16

I'm not sure of the situation with regard to your maternity cover, but surely if you want less responsibility that is going to mean less pay? You've waived the requirement for them to offer you the same role or an equivalent because you've specifically asked for a different role with less responsibility (therefore not an equivalent role). I imagine they are within their rights to now give you the option of either returning to the same role as you had before, or accepting the new, less responsible but lower paid role.

There could be room for negotiation about salary and hours but I don't think you can expect to be paid the same as you were before for a new role which you have explicitly requested to have less responsibility.

I feel like I must be missing something here because it seems very strange that you think that would be a reasonable outcome!

nerdsville · 18/02/2022 19:17

It doesn't matter from your perspective what they've said to your mat cover - they've offered you to return to your original role on your existing terms, so they've fulfilled their obligations to you. If you say yes and they have to go off and withdraw her offer and get in an argument with her about it, then that's their/her problem, not yours - you can still come back to your job.

If you were trying to come back from mat leave and they said 'oh sorry we've given your job to Sarah actually, but we have this one for less pay' then that would be a massive issue, but that's not what's happened!

You asked them to find a role with less responsibility and they created one for you. If you decide you don't want it, the option is still there to return to your old job.

You're an absolute chancer tbh, trying to keep your higher pay for an easier role (that you bloody requested!) and trying to play the maternity card to get it and they've called your bluff.

LIZS · 18/02/2022 19:42

If "Sarah" was offered to jobshare your former role with you and you paid at a lesser rate that might be discrimination. However as a new role is being created it would be benchmarked against others then rated and paid accordingly. Your former role is still available for you to resume, even if "Sarah" feels she has been offered it.

drpet49 · 18/02/2022 19:45

**You asked them to find a role with less responsibility and they created one for you. If you decide you don't want it, the option is still there to return to your old job.

You're an absolute chancer tbh, trying to keep your higher pay for an easier role (that you bloody requested!) and trying to play the maternity card to get it and they've called your bluff.**

^Completely agree with this

MadMadMadamMim · 18/02/2022 19:51

I'm a bit confused as to what the problem is, to be honest.

You wanted to cut your hours and your responsibility and asked to re-negotiate your role. They obliged. The new role is presumably on less pay per hour as it has less senior responsibility than your old role.

You now say you don't want the pay cut - so they've said Fine. We'll happily have you back in your old job then.

But you don't want that either? There is no 'discrimination' against you. Agree with the others that you sound a bit of a chancer to be honest, if you genuinely think you can play the 'discrimination' card to get less hours/less responsibility but the same rate of pay.

heelforheelandtoefortoe · 18/02/2022 20:14

You are entitled to return to your original role or an equivalent role.

You don't want your original role, nor do you want an equivalent (same hours / responsibilities)

So they aren't doing anything wrong.

Agree that you are a chancer.

Kshhuxnxk · 18/02/2022 20:17

No discrimination since they've given you what you asked for - less hours and less responsibility. It's the responsibility that brings in the £££ not the hours.

Aprilx · 18/02/2022 20:35

I don’t understand what you would base a compliant upon? You have been backwards and forwards with what you want and they have accommodated you at every turn; want a new job with less responsibility? Here you are. Oh you do want your old job back, well here it is.

You have no grounds for a complaint whatsoever. In fact the only thing you seem to have cause for complaint about is that you want to take a step back at work but you expect to be paid the same! You have not got a leg to stand on here.

PolkaSpace · 18/02/2022 20:36

So you asked for an easier role with less responsibility and also fewer hours? They've made you one. And it's paid less. So you want your old job back is that the situation?

Original poster

Ohtheaudacity · 18/02/2022 21:09

Wow there’s a lot of comments here and I’ve read them all although can’t reply to everything individually.

For clarification, I am not a chancer. Well I don’t think I am. I really don’t know how these things work and I had read the online literature and spoken to ACAS who had all backed up my feelings of being a bit upset. However I’m looking for as many perspectives as possible which is why I came here. The HR folk who have commented seem to think I am not being unreasonable but many others do… so I’m not really any clearer on what to do. It’s just that they have offered my job to my colleague and although it’s not my problem how they resolve that situation, does that not demonstrate they have a preferred candidate for my job over me?

OP posts:

Original poster

Ohtheaudacity · 18/02/2022 21:11

Sorry, I also commented this in AIBU (I’m not great with MN so didn’t realise I had posted on the forum I was reading and thought I was replying there)… not covering myself in glory am I 😣

OP posts:

Cakelover17 · 18/02/2022 21:12

@Ohtheaudacity

Wow there’s a lot of comments here and I’ve read them all although can’t reply to everything individually.

Of course it doesn’t, because they offered it to her after you said you didn’t want it, and then when you said you didn’t want the pay of the new job they offered you your old job straight back!

Cakelover17 · 18/02/2022 21:13

Also nobody on here has agreed with you that I can see?

User76745333 · 18/02/2022 21:14

Why on earth do you think this is discrimination when you asked for a role with less responsibility and fewer hours. Surely you realised this would mean a lower rate of pay?!

It isn’t discrimination

HundredMilesAnHour · 18/02/2022 21:27

It’s just that they have offered my job to my colleague and although it’s not my problem how they resolve that situation, does that not demonstrate they have a preferred candidate for my job over me?

No! You asked for a different role with less responsibilities/hours so what's wrong with them filling your former role (that you said you didn't want!) with someone else? They'd already created a new role for you. A role that YOU asked them for! Did you expect them to leave your old role vacant or just keep it open in case you changed your mind?! How they resolve the issue is down to them, not you. You have a choice of 2 roles. Pick one.

It sounds like they've jumped through hoops to give you what you ask for. You're being seriously obtuse OP. Or a piss-taking chancer. And now you want to threaten maternity discrimination?! It's women like you who give maternity leavers a bad name.

purpledagger · 18/02/2022 21:51

Op, there are two separate things going on here, your return to work and flexible working.

You are correct that at the end of your maternity leave, you have the right to return to that same job, or a similar job on no less favourable terms and conditions. It sounds like you could go back to that job.

You have essentially asked for flexible working (less hours and less responsibility) and they have proposed a different role for you. Im wondering if you feel like you've missed the opportunity to have a discussion with them about your flexible working proposal because they just presented you with an offer, which may not be what you had envisaged.

If that's the case, why don't you go back to them with how you thought your proposal could work and see what they say.

CayrolBaaaskin · 18/02/2022 22:20

They have offered you your old job back or a different job with less responsibility that you asked for. It would be difficult to make a case for discrimination- they offered you your job back even after you said you didn’t want it. Whether or not they have offered it to someone else isn’t really relevant- they will need to deal with the mat cover if you want your old job back.

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