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Appraisal and maternity leave question

14 replies

JustAnotherManicMummy · 04/12/2009 15:39

I think I know the answer to this, but I've just spoken with my HR BP and she thinks differently...

I went on maternity leave one week before the end of Q1. My line manager gave me a great rating and said that would be my appraisal for the year.

Since then, in Q2 my company introduced a different appraisal system and ratings.

No one has contacted me regarding my 2009 appraisal - I wasn't really worried as I'd already had it. However, in conversation with my HR Business Partner today I mentioned that I did not know what my grading would be under the new system.

She said, "Oh you just get a satisfactory as you haven't been in the business to meet the key competencies" . I pointed out that if I had started my role in Q4 (ie same period of time at work) I would have a Q4 and end of year appraisal and I would not be given a default grade.

I am right in thinking they have to use the time I was there to calculate my end of year grade and they should be inviting me to an appraisal as the system has changed?

Honestly I am so fed up with them being crap whilst I'm on maternity leave

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Hulla · 04/12/2009 16:04

I really would have thought so or surely its discrimination? Your competencies/job specific targets were unachievable then if you needed more time to complete them in which case it's still not your fault.

I was in a really similar position to you and my mid-year review was just rolled forward as my fy appraisal (for 2008/09) (we had a change of system too)

What does your LM think? Can they discuss with HR?

JustAnotherManicMummy · 04/12/2009 16:10

Oh god I'd laugh if it wasn't all so infuriating.

LM has just been made redundant and appears to have handed day-to-day running over to two of my colleagues (so cannot/will discuss this with my peers).

To top it all today I find out my office is being incorporated into another. Except no one has told me... after all it's only my bloomin' job

I am raging a tiny bit today.

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JustAnotherManicMummy · 04/12/2009 16:10

Sorry Hulla I forgot to say thank you for your post.

Am having an interesting day...

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Hulla · 04/12/2009 16:19

Oh the joys of mat leave JAMM! Found out today that they're having discussions about what job to give me on my return to work. Am not involved in these discussions.

Is there another HRBP you can speak to? More senior? Sorry for crap post, bf & typing.

LunarSea · 04/12/2009 16:30

I've twice been told that I could only get an average (i.e. no payrise!) grade for years when I've been off on maternity leave. Global corporate policy - you've got to be there at least 46 weeks in a calendar year to get a real review. So you get a double whammy if your maternity leave goes across an end of year boundary.

But then they also have an "if your line managment changes they can't be expected to grade you" policy. Funnily enough they have a management reshuffle in Q4 most years - I've just had this for the 3rd time in 4 years (the only exception being the year I was on maternity leave!).

I did query it with them but apparently because they put time limits on this rather than relating it particularly to maternity leave - i.e. a male employee who requested more than 6 weeks unpaid sabbatical would be treated in the same way - it's (just) legal

JustAnotherManicMummy · 04/12/2009 16:35

It's bollocks isn't it that in this day and age giving birth to future taxpayer/bearer of the pensions deficit somehow means you are no longer an employee like everyone else.

Sorry you're going through it too Hulla. I'm seriously considering starting a thread for all those on maternity leave who feel they've become a non-person. But it may just be too depressing to read

I'm waiting for a callback from my solicitor (because I have a list as long as your arm of things they've done/not done because I have been on maternity leave) and this appraisal and not telling me my office (of which I'm the manager btw) is closing is the final straw.

I don't know if I have the patience to keep fighting/plugging away for the basics so handing it over to someone else to take up the baton appeals. It has been a struggle for 8 months and I'm tired of it.

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JustAnotherManicMummy · 04/12/2009 16:40

Lunar I doubt a tribunal would see it as being legal. The point is a man can choose to take a sabbatical. Women have a limited input as to when they conceive/give birth as nature decides.

So I would have thought still sex discrimination?

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Hulla · 04/12/2009 18:04

I agree that it's sex discrimination. I also made a formal complaint to our HR director about sex discrimination when I found out I was the lowest paid memember of my team - the youngest by 10 yrs and the only female. I was told that my salary was linked to my qualification. It turned out that an unqualified colleague was earning 30% more than me.

They looked into it and realised they'd made a "mistake", awarded me back pay and put procedures in place to ensure it doesn't happen again.

I hope you get it all sorted JAMM its hard bloody work trying to maintain a career and the be a mum...well, IME anyway.

If you do decide to start a thread I'll happily whinge comment on there

StillSquiffy · 04/12/2009 19:02

It's not legal but the definition is quite tricky. Basically it is discrimination because the reason that you could not meet the time requirement is because you are on maternity leave, and this is a reason which cannot ever be applicable to a man - ie men do not get maternity leave - so therefore they are discriminating on this basis.

The fact that men go off sick or take sabbaticals might sound plausible, but if you tell them to check with their legal team they will soon find out that any lawyer can drive a truck through it. Let me know if they keep playing dumb and I will dig out a case or two for you.

JustAnotherManicMummy · 04/12/2009 20:07

Thanks StillSquiffy.

I will see what she comes back with at the end of next week. I am not hopeful and may be keen to get those cases.

Hulla I shall think about how we can create a postive support thread for those who are facing work related challenges due to having/having had a child. It may need to wait until I have calmed down a bit...

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joanne34 · 14/12/2009 11:55

I am about to ask my employer this one too, im due to leave on maternity 1st March, we have our annual reviews/Bonuses and pay rises in July, I was wondering whether I will be included and if not why not....

I think I will be, if not I see it as sexual Discrimination.

Will post back Im sure !

Continual uphill struggle isnt it ?!

Oh Sexism is alive and kicking !

JustAnotherManicMummy · 16/12/2009 23:06

Right for those who are avidly watching this thread

I have not heard back from HR lady so have emailed her... with my grievance for all the things they've done/haven't done. Oh it will all kick off now...

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JEGGsmum · 05/01/2010 15:54

I started my maternity leave in January 09 and returned to work yesterday. In December, everyone had their appraisals and were graded. You can only apply for more senior roles/be promoted if you have been graded. As I haven't had an appraisal and therefore not been graded, theoretically I cannot apply for more senior roles or be promoted before the next appraisal process in December 2010! The irony is that in September, my line manager called me and asked me to apply for a role which was more senior than my current position, as they felt my experience was at the right level and I was ready for a promotion. Unfortunatly I didn't get this role so it looks like I won't be able to apply for any similar roles for another year. Is this discrimination or do I have to sit it out for another year?

JustAnotherManicMummy · 08/01/2010 23:03

JEGGmum sounds like discrimination to me if they won't make allowance for your maternity leave and look at the previous year but you'll need Flowery or Ribena to give you the proper facts.

I'd start your own thread asking the question again so you can catch their attention

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