Told Job won't be there after maternity leave....UPDATED 24/10.08

CFC

Two points -

they cannot lawfully do this, and there is as Cazziebo says, grounds for a sex discrimination case if they effectively dismiss her.

It does sound, hard though it may be for your sister to take, that the new guy is a better fit all round for the company and it's only since getting him in that they realise they had a better option than your sister. (hence good appraisals before, but he is better). Your sister needs to make sure she looks for an employer whose culture will suit her at that level of play.

PaulK_3

alice's_mum wrote: »

she sensibly when she left for maternity leave took copies of all her Personal file, reports etc and there is nothing in this that shows she should be gotten rid of..

She may need to be very careful how she handles this part of the argument as most companies do not allow copies of this kind of paperwork to be taken unless it was first agreed that copies would be kept by all parties. Apart from that she needs to do as suggested and get proper legal advice while starting the process of a grievance.

SandC

Definitely take it to a solicitor. Seems they are trying to say there has been a restructure when it is obvious that they just want rid. Companies try to do this more often than we think, although a lot more subtley usually (ie offer them something else or pay them off).

Despite having good appraisals I know from experience that someone else can come along whose face fits better. The previous incumbent of my job was a maternity leave cover and kept the job while the lady whose job it was was shifted to the side. She obviously didn't make a fuss but she was quite entitled to.

In this case, saying there is no job for her is quite frankly, outrageous. The only way they can legally do this is if there has been a restructure and the position no longer exists.

Let us know how she goes on.

SomeBozo

Alices mum.

Did you speak to a solicitor?

What did they say?

Bozo

pinkshoes

Seems really harsh, but your sister will need to work out what she wants from this situation.

After she left for maternity leave, they had someone else take over her job until her return, but they now prefer this person to your sister.

So, I'm guessing your sister possibly wouldn't want to return knowing that they now prefer this other person, so her returning (which she's entitled to do so) could be unpopular, and it might not be a particularly nice working environment. They can't just dismiss her though, as she needs to have actually broken her contract terms to do that... They'll know this, so perhaps they'd give her a 6 or 9 month pay out to leave (along with a glowing reference), which would give your sister ample time and money to find something else!

I wouldn't go down the sex discrimination route, as although she might win, she needs to be careful not to get a reputation as a trouble maker!

I know all this may come across as harsh, but your sister needs to think about her long term career, and what she'd really like to do, and how best to work this situation to her advantage.

milliemonster

Right, your sister needs to check her contract, but in law she has the right to return to work on previous terms and conditions following maternity leave, she does not have the right to return to her old job but they must find alternative work of the same standing/pay etc, this is unless she has asked to work part time, in this case, her employer has to find her suitable work but this may not be on the same pay and conditions as before.

If her employer is saying there is no job available for her following maternity leave then this is ILLEGAL and she needs to get professional advice

alice's_mum

appointment with solicitor arranged for monday, after brief conversation he agrees with milliemonster this is totally illegal. Will keep you posted thanks for comments.

slummymummyof3

Does she know how to contact the previous person who won a tribunal for sex discrimination against this company previously?

Just a thought, perhaps the 'maternity cover' person is cheaper to employ as he is newer and less experienced and in the current climate they feel they can make a saving (it might help your sister to think that it is not necessarily a personal criticism against her.) However, I totally agree with the other posters, this is not legal.

alice's_mum

Just to update you all, sister has had several meetings with a local solicitor who has spoken to the companies solicitors, and surprisingly they don't want this to go any further and want to settle. It should settle next week they have offered my sister 17 months salary plus benefits of health care etc. So she is quite happy with this, it gives her time now to look for another job and not feel too stressed over the money side.

Thanks for all your comments.

phantom9999

Just read this - glad it has worked out for your sister money wise, even if she does need to get a new job now.