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Original poster

Is this discrimination?

26 replies

Same1977 · 28/05/2022 15:57

I have worked for my company for 7 years.From the very beginning I have been giving 150 percent and I have always been told that I'm doing very well.I have been asking for a promotion and payrise for 4 years now however there hasn't been a suitable vacancy.
I had a baby 9 months ago and through the great vine I have found out that a position was created 1 months ago (we did always need it ) ,which is a step up for me .Everybody in the team knew about it and had a chance to apply.Since I'm on maternity I didn't hear anything .To add insult to injury I hear the role would have been perfeft for me but they needed someone before I came back.
Are they obliged to let you know of internal positions?

OP posts:
TheFairyNamedMary · 28/05/2022 16:20

Why didn’t any of your friends mention it to you? I doubt it’s HR responsibility considering you’re on Mat Leave.

ClocksGoingBackwards · 28/05/2022 16:24

If they needed someone before you were available, then the position wasn’t suitable for you so no, it’s not discrimination.

PragmaticWench · 28/05/2022 16:26

I'm fairly sure you shouldn't be at a disadvantage concerning internal positions due to being on maternity leave. Check out Pregnant Then Screwed website for more accurate info, or the Employment Issues board on here.

girlmom21 · 28/05/2022 16:27

Did you still have access to all internal communications?

MumstedInadequate · 28/05/2022 16:28

I am not a lawyer but I'd have thought that as an internal candidate, by them not alerting you they are discriminating against you as they are treating you differently from other internal people. That's the definition of discrimination?

And in terms of treating you decently, they really really should have let you know. I'd be tempted to take their lack of info as a nudge to move elsewhere tbh, it sounds like they're taking you for granted and stringing you along.

Original poster
Same1977 · 28/05/2022 16:33

girlmom21 · 28/05/2022 16:27

Did you still have access to all internal communications?

No I didn't.

OP posts:
dementedpixie · 28/05/2022 16:38

I think it does sound like discrimination tbh

www.citizensadvice.org.uk/work/rights-at-work/parental-rights/rights-while-youre-on-maternity-leave/

dementedpixie · 28/05/2022 16:39

From the link

Your employer has to tell you about changes that affect you

There are some things your employer must tell you about:

  • any chances for promotion - they should tell you at the same time as everyone else and give you just as much chance to apply

*any changes at work that affect you - for example, if there’s a restructuring

Giving you this sort of information doesn’t use one of your keeping in touch days.

girlmom21 · 28/05/2022 16:54

If you didn't have access to the same knowledge as everyone else it's discriminatory

Purplecatshopaholic · 28/05/2022 16:57

You absolutely should have been told about it in my view. I think they cocked up there and I would take advice from your union if you have one, and ACAS.

IhateJan22 · 28/05/2022 16:58

Yes it’s discrimination, they should be informing you of any promotions whilst you’re off.

Hbh17 · 28/05/2022 16:59

You might want to check, but I have a feeling that discrimination for the protected characteristic of maternity is only applicable until the baby is 6 months old.

chouxpetitfilous · 28/05/2022 17:44

You have 26 weeks after the birth of the baby which is your protected period. After that time you could potentially argue sex discrimination. If you are wanting to pursue it and are low income/on benefits you could try and phone the CLA helpline and be allocated to a specialist provider for discrimination.

dementedpixie · 28/05/2022 17:49

Well this says the protected period lasts until the end of maternity leave (not only 6 months).

maternityaction.org.uk/advice/pregnancy-discrimination/

BernadetteRostankowskiWolowitz · 28/05/2022 17:51

TheFairyNamedMary · 28/05/2022 16:20

Why didn’t any of your friends mention it to you? I doubt it’s HR responsibility considering you’re on Mat Leave.

It absoloutley is HRs responsibility to make sure they do not disadvantage an employee off on Maternity Leave - if they informed other employees about the position, they are duty bound by law to make sure all employees are notified.

BernadetteRostankowskiWolowitz · 28/05/2022 17:53

ClocksGoingBackwards · 28/05/2022 16:24

If they needed someone before you were available, then the position wasn’t suitable for you so no, it’s not discrimination.

It's not for the employer to decide when OP returns from mat leave. That's for the OP to decide. Only in this case she wasn't given the option to decide as she wasn't notified of the job.

She could have just given birth two weeks before the job was advertised- they would still have to notify her, and if she met the shortlisting criteria, offered her an interview.

chouxpetitfilous · 28/05/2022 18:03

dementedpixie · 28/05/2022 17:49

Well this says the protected period lasts until the end of maternity leave (not only 6 months).

maternityaction.org.uk/advice/pregnancy-discrimination/

Yes, you are right sorry for any misinformation!

www.legislation.gov.uk/ukpga/2010/15/section/18

Kitfish · 28/05/2022 18:26

If they were following the rules, your employer would have written to you at the start of your prgnancy and asked you whether you wanted to be made available of roles that came up during your maternity leave or not. You should have completed a form with your response (yes or no). If you said yes, then you should have been informed of the vacancy. Do you remember this happening and what you responsed? If they overlooked this, then you should have been informed and, yes, you do have a case for discrimination.

Kitfish · 28/05/2022 18:26

*available = aware

Original poster
Same1977 · 28/05/2022 18:28

Kitfish · 28/05/2022 18:26

If they were following the rules, your employer would have written to you at the start of your prgnancy and asked you whether you wanted to be made available of roles that came up during your maternity leave or not. You should have completed a form with your response (yes or no). If you said yes, then you should have been informed of the vacancy. Do you remember this happening and what you responsed? If they overlooked this, then you should have been informed and, yes, you do have a case for discrimination.

No ,I didn't receive anything like this

OP posts:
myuterusistryingtokillme · 28/05/2022 18:56

It absoloutley is HRs responsibility to make sure they do not disadvantage an employee off on Maternity Leave - if they informed other employees about the position, they are duty bound by law to make sure all employees are notified.

In many many organisations this would considered part of the Line Managers responsibility not HR

ConfusedbyCovid · 29/05/2022 07:42

I was always told about opportunities or changes affecting me and invited to calls about these. If I couldn’t attend my manager briefed me separately.

You definitely should have been told and given the chance to apply.

Therealpink · 29/05/2022 07:44

It was discrimination.

ThisIdiiot · 29/05/2022 08:01

I'm a manager and it's always been my responsibility to let employees who are on mat leave know of any changes. Recruitment and internal opportunities is definitely something I actively contact them about.
I think you have been discriminated against and I think you should contact your manager or HR

RamSyder · 29/05/2022 08:27

through the great vine I have found out

Sorry but this made me laugh.

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