Maternity discrimination?

[MyHangryFox]

Hi - I went on mat leave in April, which was around the time of performance reviews. I put in meetings to review my performance with my new manager, and the performance review meetings were rescheduled several times and then ultimately the manager cancelled it. I did send a message saying I'm available to catch up after I go on mat leave (as I gave benefit of the doubt that they might be busy settling into the new role), however this was ignored. By that time I was due to deliver hence I didn't have the energy to pursue further as I had a difficult pregnancy and subsequently had a traumatic delivery.

When salary reviews came, I found that I was given subpar ratings by my manager (even though my reviews from stakeholders were all extremely positive). My salary was increased by slightly as of June. There was no communication with me around this - I only found out because I logged into the HR system to check. I feel that the performance review wasn't given due process, as I had colleagues whom I know as average performers but got a higher ratings and larger pay increments.

Recently I heard through the grapevine that my mat leave cover may be promoted such that when I return my role would report into my mat leave cover. This is not yet confirmed, but intel from different colleagues have been pretty consistent.

I have been in this company for a while and tbh am also ready for a fresh challenge. That said, I wouldn't mind the familiarity of this job after mat leave while I find my feet between juggling full time work and a baby.

I was wondering if the following are worth raising as discrimination:

1. My performance review not being given due process and I don't feel my increment with a subpar rating was justified. For context, I had just about delivered a project that saved the company about a quarter million pounds and upwards YoY before going on mat leave.
2. Am I too late to raise this as a grievance since performance reviews were in April/May, with formal increment as of June?
3. My mat leave cover being promoted whilst I'm on maternity leave, even though I have a wider range of experience. That said, my mat leave cover is much older than me but was in the same job for 15 years (compared to me at 12 years with a much more international and varied experience). The salary offered as my mat leave cover is also c.30% higher than mine - which I understand could happen due to FTC nature of role.

Given I'm open to exploring other opportunities, I would also like to understand whether the company has grounds to claw back the enhanced mat leave pay if I decide not to return after mat leave:
a) if the current policy does not mention clawbacks?
b) if the company decides to introduce clawbacks in the policy whilst I am on mat leave?

Thanks all! Would love to hear your thoughts!

@MyHangryFox depending on when you found out about your performance rating, you maybe out of time to raise a grievance.

WRT the promotion, how does it normally work I.e. are jobs advertised and anyone internal can apply, or is there a clear promotion chain? You may have grounds for maternity discrimination. With so little information my advice is put it in writing to your manager and cc HR stating you understand there is a promotion opportunity and would like to be given the opportunity to apply/be considered for the role.

WRT your maternity cover’s pay, there is a justification as it may include pension compensation etc. You are right to let it go.

Maternity pay claw back - this has to either be an existing policy at the point you resign or in your maternity confirmation letter. They can’t say “oh you’ve resigned we decided you need to pay x back.”

Thanks for the response! Re the promotion, it’ll be a newly created role and I think there’s already an informal agreement that the mat cover will be taking this on based on what I’m hearing from my colleagues. I feel that even if I apply it’ll only be for them to go through the motions to say that I’m not qualified to take on the new role. Any advice on how to best approach this situation?

Apply for the post and see what happens. Forget about the rumours, but make sure management knows you want the job.