No promotion while on mat leave

[roseswade]

Hi, just looking for some advice…it’s a long one (sorry!)

There are 3 of us in my team that work at the same level and were hired at the same time. Our job titles were changed at one stage (not a promotion, just a change in title to better reflect the role), shortly after our manager put all 3 of us up for promotions to senior positions to grow the team. HR rejected all of the promotions on the grounds that when our job titles were changed, HR did not sign off on our new ‘career framework’. I then started paying close attention to the framework to make sure I was aligning my goals and development with it closely.

When the next promo cycle came around our manager put us all forward again, this time our team was then moved into a new area of the business with a new manager and we were told that a promotion would therefore not go ahead. I started my maternity leave during the cycle and my new manager updated me on the situation. Whilst on maternity leave my job title changed again, I was not informed of this and have never received any official letter etc. I only noticed when I went back for a KIT day. After speaking to my manager I was told that she has laid out a better path for promotion and has shifted our roles into more strategic ones (which means my responsibilities have also changed). She said HR have informed her that promotions are not a reward for good work, that is what compensation adjustments are for and that promos will only be granted if there is a justification for the role in the business. Now, although miffed off by all of the changes, I was willing to work with my manager on this new path.
However, of the 3 people in the team, myself and my female co worker both left for maternity leave at the same time, leaving only our male co worker and 2 temp contractors. I have now found out that my male co worker’s promotion was granted in the last cycle, but myself and my female co worker did not get one. I am in full support of my male co worker’s promotion, however, I can’t help but feel that we have missed out because we are on maternity leave. I am not due to return until later this year and will miss another promotion cycle (they happen twice a year). My manager has told me in order to work towards the promotion I need to work on this new career path that has a more strategic role, however I can’t do that until I return, so I feel I am being held back from any opportunities within the business. If a promotion is not a reward, I also question why only my male co worker was put up for the promotion and we were not informed of the opportunity.

I don’t know if I’m reading too much into it, but I just feel very deflated. I have put in a lot of hard work over the years and feel that if I had been at work and not on Mat leave I would have had the chance for the promotion. I have spoken to my manager about all of this but am wondering if I should go directly to HR?

I'm mainly just bumping for you because this is interesting to hear about. My job is public sector so we don't have any pay progression or auto promotion, or any set pathways for progression, you would have to apply for a vacancy.

You need to talk to ACAS and try Pregnantthenscrewed.com.

This is complicated but under the Equality Act you may have a claim for pregnancy/maternity discrimination. Had you not been pregnant you would have been promoted.

How long have you been on maternity leave?

Changing your role while you were on maternity leave without informing you was, to say the least, questionable. Passing over the members of the team who were on maternity leave and promoting the male member of the team puts your employer at risk of a discrimination claim.

If there was only one place available, both employees on maternity leave should have been given the opportunity to apply and should have been considered properly. Your employer cannot take your maternity leave into account when deciding on promotions. You definitely need to talk to HR about this and consider putting in a grievance. If that doesn't get you anywhere, you would need to take your employer to tribunal if you wanted to take it further.

Could there be an argument that he was the best fit for the promotion and has developed the required competencies whilst the other 2 staff members had not reached the competencies yet? It seems like promotions aren’t automatic in your company so you wouldn’t have a default entitlement. I suppose there is an argument that if you were not pregnant and on maternity leave, you would have gained these competencies sooner yourself. I guess it depends on what the entire promotion process entailed and whether you would have already met the standard required. The fact that they have promotion cycles at set times of year vs all year could be detrimental to someone on leave as they wouldn’t get the chance to apply. Changing your job whilst you were away could be shaky ground too.

Could there be an argument that he was the best fit for the promotion and has developed the required competencies whilst the other 2 staff members had not reached the competencies yet?

Yes, but it is a risky argument to run in this situation, especially since it seems the staff members not promoted had no opportunity to demonstrate the required competencies due to maternity leave. An employment tribunal may well conclude that the OP and the other staff member were simply not considered due to maternity leave, which would lead to a finding of discrimination.

Thought I’d update this thread having since returned to work. I spoke to HR who didn’t help at all and said that I can look at other internal opportunities if I don’t like the changes to my role.

My manager told me I ‘don’t have the right to question’ why my male co worker was promoted as ‘he was picking up all of the work’ while myself and my other female colleague were on maternity leave. She basically told me he was single handedly running the team as the mat covers they brought on were not up to scratch. So she said he was ‘picking up our slack’ whilst we were on leave. To say this has upset me is an understatement but I just don’t know where to go from here.

Of course I appreciate my make co worker’s efforts while we have been on leave, but I don’t see why that should change our own opportunities?

You need to consult an employment lawyer urgently if you want to take this further. There are time limits for bringing claims. You may already be out of time.

My manager told me I ‘don’t have the right to question’ why my male co worker was promoted as ‘he was picking up all of the work’ while myself and my other female colleague were on maternity leave.

Arguably this is the nub of the issue.

Women go off on Maternity Leave
Men don't go off on Maternity Leave.

Women get overlooked by employers, in favour of male colleagues (even if the woman is equally as good at their job) because the employer knows that men will enjoy continuity of employment, they stay in the workforce and aren't disrupted by Maternity Leave.

That's why there is a law in place to level the playing field for women. But all the while archaic employers say things like you have no right to question why your male counterpart got the promotion (how about you weren't given the opportunity to be in the running for it!), the status quo will be maintained and your employer will carry on exhibiting bad behaviours and attitudes towards women.

And I have to say, the number of times your role titles have changed is excessive, coupled with the complexity of your promotion process makes me believe there's a lot of 'smoke and mirrors' and obfuscation going on there.

I would recommend you consider your longer term career path, and survey what job opportunities there are in other organisations, as it doesn't sound like a very conducive workplace for women where you are currently.

He is picking up the work of a three person team and you resent him getting rewarded for that? You need to return to work and get working hard to demonstrate your commitment.

He's picking up the work of three people because of poor management decisions while the other two were on maternity leave which they shouldn't be discriminated against for.

I do sort of agree with this. The OP never said how long she was off on leave - perhaps it was 12 months and the same for her colleague. Whether we like it or not ML does negatively impact the people who remain in the workplace during that time and clearly by picking up 3 peoples jobs he's shown himself capable for the new position

He's picking up the work of three people because of poor management decisions while the other two were on maternity leave which they shouldn't be discriminated against for.

Yes and no. It's incredibly hard to find decent people for temporary positions at the moment. So people who are in the workforce tend to have to do a LOT of work when there are temporary absences like maternity.

Of course women shouldn't be discriminated against because of maternity. That doesn't mean the people picking up the slack haven't worked hard or that it was a management failing.

No, I didn’t say I resent him for that. Please re read my post before making false statements. I have said that I am in full support of his promotion and appreciate his efforts while we were on leave. My issue is not surrounding him getting his promotion, it is questioning why myself and my other colleague did not.

The company hired temporary staff to fill the positions while we were on leave, if they were not up to scratch then that is a management issue and shouldn’t have meant extra work for my male colleague.

I appreciate those of you who have given helpful advice and I have taken necessary steps.