How can I be sure that they do not discriminate against me

jemw

Hi

I am currently on Maternity Leave, not due to return to my employment until January. I have already had a verbal agreement to my flexible working request of working four days.

Yesterday, I received a telephone call to state that as of 01/10, I am under a 30 day consultation period. I have a further meeting this week to discuss this in more detail (1st stage of consultation).

I'm worried that if I am made redundant, and are offered the opportunity to apply to alternative employment within the business, I will be less desirable in comparison to other affected employees (who are prodominantly male), given that I am not due back at work for a few months with a flexible working request.

To what extent can they prove that I will not be discriminated against? What are my rights? What should I do? I've had a look at the ACAS website, but to be honest, it hasn't explained anything that I don't already know and just says that they are not allowed to discriminate against me. Rules are always there, but how would I be able to prove whether I have been discriminated against (if I am..)?

Googlewhacker

whilst you are on maternity leave you actually will positively discriminated for because any suitable job opportunities have to be offered to you over better qualified people (as long as you are capable of doing the job).

As for the flexible working request I would have thought this only applies to the current job that you are working in and that you would have to request this again for the new job (I could be wrong though)

SarEl

Googlewhacker wrote: »

whilst you are on maternity leave you actually will positively discriminated for because any suitable job opportunities have to be offered to you over better qualified people (as long as you are capable of doing the job).

As for the flexible working request I would have thought this only applies to the current job that you are working in and that you would have to request this again for the new job (I could be wrong though)

Correct. If alternative work is available and you are suitably capable of doing it, then it is unlawful to not offer you this job whilst you are on maternity leave (the protection runs out if the process continues until you return to work) no matter if someone else is better or not. But this relates to your right to return to your job (which includes a suitable alternative) on your existing terms and conditions - not to any other terms and conditions. So the employer could argue, for example, that a suitable alternative exists but may only be done on a full-time basis, and you cannot insist on them making the offer "flexible" - you would have to then decide whether you felt you could justify a claim of discrimination on this basis, or whether your choice is to take the full time job or accept that you are redundant.

jemw

thanks both. So can I just clarify, are you saying that I have more rights than another employee, who has also been made redundant, because I am on ML? Or that I have more rights than other employees, who have not been made redundant, because I am being made redundant? I know that the business has postponed all vacancies at the moment and only applications made from those people who have been made redundant will be accepted?

My worry is that if it is myself and another collegue (who has also been made redundant) up for the same job, they will be more likely to employ the other person, given that they will be able to start immediately, rather than me who won't be back in the office for three months. Does that make sense?!

caeler

jemw wrote: »

thanks both. So can I just clarify, are you saying that I have more rights than another employee, who has also been made redundant, because I am on ML?

Yes! Be aware that your employer may not fully understand their obligations so do your own searches regularly on any vacancies which are suitably alternative - ie. same location, same salary, same grade, same responsibility level, etc. If you don't have remote access to this into, ask HR to send you regular details of ALL vacancies. Then you can highlight any you believe should be offered.

Also offered means offered, it does not mean apply and have a competitive interview. It is offered and you commence after your maternity leave. A flexible working request is completely seperate to these proceedings so I think focus on getting a role first. Verbal agreement was for that job so I'd just leave it for now. Once you have secured a role then you can discuss your options nearer the time.

At your consultation ask them how consultation will work in terms of you not being at work like everybody else, what provision are they going to put in place for you - ie systems access, regular phone calls, opportunities to attend work, etc.

I'm not sure what you mean about all vacancies are on hold and only applications are accepted by those who have been made redundant?

Good Luck.

Googlewhacker

jemw wrote: »

thanks both. So can I just clarify, are you saying that I have more rights than another employee, who has also been made redundant, because I am on ML? Or that I have more rights than other employees, who have not been made redundant, because I am being made redundant? I know that the business has postponed all vacancies at the moment and only applications made from those people who have been made redundant will be accepted?

My worry is that if it is myself and another collegue (who has also been made redundant) up for the same job, they will be more likely to employ the other person, given that they will be able to start immediately, rather than me who won't be back in the office for three months. Does that make sense?!

It does but they cannot hire the other person if you are capable of doing the job (unfair on the other person yes but thats maternity leave for you!).

However if they want to be obstinant then they can say it is these hours and non negotiable and put the ball into your court, you either accept these hours or ask for redundancy.

jemw

Thanks again for the additional clarification. I'm confused as to how I would take priority over another employee (who has also been made redundant) because I am on ML? Which Law / Legislation provides this additional protection? Where can I find details of this online?

If I'm entirely honest, I am assuming that my employers will not be aware of this... let's just say our HR function leaves a lot to be desired and couldn't even answer some basic questions I posed yesterday, such as am I still entitled to continue with the remainder of my ML (or be paid it in lieu)... Does anyone know whether I am entitled to continue with my ML before my redundancy would kick in?

Googlewhacker

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_175088

Read that for a start.

Cheers