Denied promotion as maternity leave has effected length of service

[CaurnieBred]

My friend has just been told that the only real reason that she didn't get promoted was that: "because I went away and came back that my length of service is not as long as some peoples and that had to count". She gets great feedback everytime and this seems to be the only reason she hasn't got it.

Surely this is discrimination, isn't it??!

Pse can anyone help?

Thanks

L

yes recent EU judgements has specifically ruled that using length of service as grounds for extra pay or promotion is discriminatory. (This is one reason for changes in the structure of pay determination in the NHS - agenda for change and higher education)

Yes! Get her to call ACAS 08457 47 47 47
and ask for advice on how to proceed. I suspect they will tell her to raise a grievance in the first instance.

Maternity leave IS reckonable service.

Also, discrimination due to length of service could now be deemed unlawful under the terms of the Employment Equality (Age) Act 2006.

see this

it seems to be suggesting that OML counts, but AML doesn't for things contractual "rights" based on seniority.

However as has already been said it's dodgy anyway with the new Age discrimination regs