Lawyer passed over for promotion because of flexible working

[RosieIrene]

I have been at my law firm for almost 9 years during which time i had two dd and took a total of 15 months off. When returned from having dd2 was granted request to work one day a week at home. Had a stellar review 4 weeks ago but was told because of political situation in the firm, there were limited advancement opportunities. Decided, after working 5 days a week since dd born 4 years ago that I might as well finally put in application to work 4 days a week. I just now found out that male associate with less experience than me has just been offered the position I was told 4 weeks ago is not available because of "politics". Grapevine suggests firm thinks I lack commitment because I have kids. Any suggestions about how to approach this?

RosieIrene, at your situation.

Can you go back to your appraiser for clarification on what these politics are?

Not that it is particularly relevant, but are you a lawyer or support staff?

If he worked your hours would he have got the job?
Why do you want to work 4 days a week anyway? It's the worst of all worlds. I would get back to 5 days a week otherwise women will never advance because employers will always see them (never their husbands of course.....) as the ones working part time. Vicious circle. If in doubt make the man work flexibly and the mother full time and then these situatinos won't arise. We owe that to our daughters and other women.

Still banging that same old drum, Xenia?

After your review - was anything written up? Did it say that there were no advancement opportunities? On what basis has your associate been offered the job? Did he apply and was interviewed? Do you have an HR dept?

When more men than women request flexible working I will stop.

Might be a good time to put in for a rise and apply for other jobs and say here are 4 other offers with good prospects match these or you lose me.

I would speak to your HR team about their policies on pay and promotion etc., not necessarily to raise a grievance at this stage but just to do your research on how things are supposed to work in your firm. I am not sure "politics" is a good reason not to be promoted, but I suppose joining a partnership (if that was the opportunity) might be a bit of a different situation

Also this might be a useful link: www.direct.gov.uk/en/Employment/Employees/DiscriminationAtWork/DG_10026665

Maybe your employer will say that the position requires someone who is working in the office for five days a week?

Unless you have the stomach to really take on your firm (and frankly it is a gruelling and often thankless business), I would start looking elsewhere for a position.

I am a lawyer. The other associate and I were working the same hours (I was just working from home one day). It was only 4 weeks ago when I was told there was no future that I decided I might as well work 4 days. Nothing was written up after the review. The partner in charge who had given me the stellar review put the other associate's name forward for advancement. The rest of the department is baffled as, aside from me, there are several other much more qualified associates. He, however, although lacking in skill is adept at kissing a**, something I have neither the time nor the inclination do so.

Xenia, I like your plan. I get at least two calls a week from headhunters so should not be hard to put something else in place. However, I think it is naive to suggest that men be the ones to put in for flexible working - that's not going to happen while the men are the ones earning more money and their move to flexible working would have a more signficant impact on the family. I think that issue needs to be addressed by society first.

ouch. Unfortunately, I agree you should look at working elsewhere. Have you considered in-house positions? They might be more understanding of you wanting to actually have a life outside work. There will always be politics, though...

It is blatant sex discrimination. If you don't want to go down the grievance route immediately, you could talk to your boss informally in the first instance - then follow up in writing. Then if you are not happy pursue a grievance. Some really useful stuff on the website B1977 referred to under 'what to do if you're discriminated against' here

RosieIrene, it stinks, doesn't it?

Leaving aside the dirty your appraiser did on you, do you really want the promotion (and presumably added responsibility), or are you just miffed that the undeserving got it?

PSL jobs often seem to be flexible but may nto be your cup of tea...

Bringing a sex discrimination case is a tough business - even continuing to work somewhere when you have brought a grievance can be pretty uncomfortable.

Not only did the 'undeserving' get it but Rosie was blatantly lied to! Sorry but this sort of thing really makes me .

A couple of my male colleagues have moved to flexible working actually, it has one's killed his career but that is to do with his personality as although he is lovely he is very open about only working to the extent he absolutely has to, and the other is still progressing to partnership I believe and I wish him very well.

apologies for typos

B1977's website very helpful-thanks! Will talk to the appraiser first. I can't think of any reason she can give except to do with me trying to balance kids and work. I did really want the promotion. I came back to work 5 days a week when everyone else who had come back from maternity leave was on 3 or 4 days because I was really committed. I thought about In-house and PSL roles but not so good for litigators who like court work!

RosieIrene, if you were to jump ship, do you also want flexible working in your new job? If so, best to run that by the headhunters first.

When I was working fulltime, my phone was ringing off the hook. But the minute I mentioned flex working, the recruitment agents sounded enthusiastic over the phone but none came back - this is for fee-earning as well as in-house roles. Exception would be PSL roles, frequently advertised as flexible.

Are you prepared to tell your appraiser you want to go back to 5 days' a week, and call her bluff?

Blueshoes - that is helpful to know. I suspected I would have to give up the flexible working to get a new position. Not such a big deal because I am still working 5 days a week now, and my work at home day, rarely seems to work out.

Sorry but if you are a litigator would it not be good to work 5 days when your case comes to court? I wonder if you could work 4 days a week and then do extra when you have cases in court and get credit for these days as holiday somehow? That might help the political situation, but maybe that is shutting the stable door after the horse has bolted as I assume your appraiser would have to really suck up to you big time to regain your trust and respect.

Personally I am with Xenia to some extent here, IME 4 days a week is a bargain for your employer as you end up doing the same work for a pay cut and feeling guilty for being less "committed", so I am back at 5 days and just trying to make sure all my holidays are exactly that and not housework or paperwork days!

Blueshoes - I have scheduled a meeting with appraiser for Thursday and was going to raise the issue of whether my withdrawing the flexible working request would level the playing field. I suspect it won't make a difference. They were trying to do this all behind my back but because I have been there so long, I have an established gossip network and little happens that I don't know about. Also the other associate couldn't help but hang around outside my office all morning dropping hints to rub it in my face.

Lots of my clients work 3 or 4 days a week so I think with further probing in-house flexible roles are out there, they just might not be advertised as such.