indirect discrimination against working mother

[SamSam786R]

Dear all,i am concerned that my employers are pushing me out of the business as working there has become impossible. as primary childcare provider for my children i require a certain amount of flexibility to work. the job i do is comms and can be done remotely. despite this i will go into the office three days a week. however, HR have told me that i must do certain days where childcare is impossible and so i am scrambling each week to find someone to watch my kids after school. they have said that this poilcy applies to all employees and NO exceptions can be made. my manager has told me that a job like mine is not suitable for working mothers and HR have stated that if i can not work around my children i need to go part time. in tandem i have now been put on an informal pip for a spelling error. since then, every mistake is emailed to me and my manager will message me on teams with all capital letters asking why i made these mistakes and that i can no longer make any mistakes at work. obviously, this along with the lack of flexibility or understanding has put me under immense stress - just today i cried in the toilet for one hour and had a minor panic attack. it might seem like a small thing, but these small aggressive remarks and confrontational emails have taken a huge toll on me. futhermore, my childless colleagues have been given leeway for working hours and days due to relocations. on top of that my HR person has stated that i am not attending the office for my full hours despite him coming in after me and leaving before every week. i am also one of the few people who come into an office regularly. they have also said i have baby brain on many occasions and compared me to my male colleagues. sorry for making this so long and rambly, there are so many other things that they have said and done to me, im so tired and would LOVE to resign but i need to pay my bills and the job market is awful right now. advice on: a: how to survive and b: how to escalate this with employment tribunal. thank you

No it doesn't excuse discrimination, her employers sound awful. Surely they should be able to point out spelling/grammar though, if that's a problem?
Even on your phone on here in your free time like most of us are, it kind of gives an insight or idea how you usually write.

Nothing to do with the sex discrimination that took place. Two different issues.

If your employer actually said the job isn’t suited for working mothers then yes, that is discrimination on the grounds of sex- I’m sure you aren’t the only parent there.

If you're not in a union already I can recommend Affinity https://workaffinity.co.uk/

But if the employer’s ’no working mothers’ comment was a clumsy way of pointing out that a full time job requires full time child care then I’m not sure it’s as unreasonable as many of you seem to think. It all depends on the detail of the situation which understandably OP hasn’t shared.

Why didn’t they say ‘working parents’ then? Unfortunately they’ve shown bias against women that wouldn’t be directed at fathers.

Ask yourself this question please. Would they treat you differently if you were a working father?

Have you submitted a flexible working application (as per gov.uk)

I've had wide experience of both ... the ones who genuinely work to make up time and those who feel it's just something to say in the hope of getting what they want, and there's no knowing which group OP fits into

Like the claims of being much more productive when WFH, which can be perfectly true or just a cover for laziness, we'd need the employer's view to get a balanced picture, and it's just not possible here

An employer is not allowed make that comment for any role.

What part of that don't you get?

It is against the law.

You call it "clumsy". The law calls it illegal.

Lol I would be offended by the comments on my writing but the truth is I Hateeee typing on my phone so yeah it’s lazy, put me on a Forum PIP if u wish lol, being published in national magazines and websites I’m pretty confident in my writing style, even my manager loves my writing and has mentioned it is unfair that I am on an informal pip but she is under pressure RN and had to appease her seniors. Anyway I have spoken to an employment lawyer who works at Google and he has seen the letters HR have sent me, says that what they are doing is somewhat illegal so I do have a case! Thank u to those who have been supportive 🙏🙏🙏

@popcornandpotatoes , I don't see how your posts are helpful to the OP.
The OP has had negative feedback on her writing.

@SamSam786R , you might Hateeeee lol typing on your phone lol but if your posts on here are anything to go by, I'd think about why you are getting negative comments on your work. Lol

How long have you worked there? Is it less than 2 years?

Op are you sure it is explained right to the lawyer, as it’s only discrimination if they allow someone else the flexibility you wish. Thay doesn’t appear the case. So for example if they let others without kids work from home or men with kids. But that’s not what’s happened. It’s one rule for all. Days off for relocations is very different.

I’m afraid childcare is not your companies issue. They can make these decisions and they are right, if you can’t do it you need to go part time if the option exists or leave.

if your boss made the statement it is not suitable for working mothers, it is a discriminatory statement, but that doesn’t mean the action itself is discrimatory.

are you the only working parent, in the company? Does any other person get the flexibility you wish, as from what you’ve said it’s a no

why the lawyer saying it’s Illegal, as based on what you’ve written here it is not.is something missing?

Yes it is a discimatory statement, but that doesn’t mean the act of what they are doing is discriminatory.

They can point out a spelling/grammar error. They can't put someone on a PIP for one unless there is a bigger problem. Nor can they tell someone on a PIP that they can never make another mistake. Targets have to be reasonable and achievable.

Op are you sure it is explained right to the lawyer, as it’s only discrimination if they allow someone else the flexibility you wish. Thay doesn’t appear the case. So for example if they let others without kids work from home or men with kids. But that’s not what’s happened. It’s one rule for all. Days off for relocations is very different.

This is complete bollocks as explained in various ways up thread. Where on earth have you got this from or are you just making things up on the internet for shits and giggles?

Helpful in the sense of showing op some support in the face of useless comments, when she is being discriminated against at work

I don't know about most people but how I talk and act privately is different to work. Companies have writing styles that they want everyone to adhere to and that is part of comms work. Would I talk like that at home - nope! I may say to my husband in private "How many more times...put the piggin seat down" but that is not the tone or how I would word it for work! I can't imagine coming out with the following for my husband "A quick reminder to help keep our unisex toilets comfortable and considerate for all colleagues. We’ve had a few instances recently where the toilet seat has been left up. To maintain a clean and accessible environment for everyone who uses these facilities, please ensure the seat is left down after use. Thanks for your cooperation and for helping keep our shared spaces welcoming for all."

And I am being light hearted hear as I don't talk to my husband in that way, but there is a valid point in there.

Just because the OP is presumably stressed, agitated and typing erratically, presumably in-between things (she does work fulltime and have young kids), there is no need to be insulting. And going back to work after a baby does take some adjustment.

Why the utter aggression, it isn’t bollocks. Step away from the thread if you’re out of control and coming after people.

As long as there’s a business reason behind it then it’s 100% legal

@PrettyPickle , I don't know about most people but how I talk and act privately is different to work.
Same here.
Companies have writing styles that they want everyone to adhere to and that is part of comms work.
I work in the industry but I'd expect things like clarity in a post.

"A quick reminder to help keep our unisex toilets comfortable and considerate for all colleagues. We’ve had a few instances recently where the toilet seat has been left up. To maintain a clean and accessible environment for everyone who uses these facilities, please ensure the seat is left down after use. Thanks for your cooperation and for helping keep our shared spaces welcoming for all."
If I saw that in the loo I'd suggest that it was rewritten in a concise manner.
"Please ensure the toilet seat is left down after use." is far more likely to be read.

I'm not being insulting. OP has been accused of insubordination. If my work is criticised, I think perhaps whoever criticised it might have a point.

Absolutely as long as they can justify with business need, and as long as others are not being treated differently ie men allowed to work from home with kids, or women with none, and I’d assume there is other working mothers in the business.

no person, man or woman, is entitled to work from home as they have kids and it’s discrimationatory to not allow it. No business is legally forced to give working parents rhe right to work from home.

Yes. They’re working up to a constructive dismissal.

One thing I don’t understand though - why is childcare “impossible” on a couple of days? Why can you not find a regular childminder/nanny to cover these days?

The pip for one spelling error does sound like a move to constructive dismissal, I am surprised they don’t justify it with a wider poor performance case. I don’t think I’ve ever seen anyone put on a pip for one spelling error before.

The Employment Appeal Tribunal has already decided this point. Lower tribunals are bound to follow it under the principle of Stare Decisis.

Be as respectful as you like, you are just plain wrong.