Discrimination after maternity leave

future-sailor

Hello all, looking for some advice and hoping that some of you knowledgeable people be able to help...

I returned to work after a year of maternity leave in January 2012. My daughter was born in January 2011.

I worked for my current employer since October 2008 in a Junior position.

I recently had an appraisal with my employer. I was hoping for a promotion to a senior position after being a well established and contributing member of the team (in my opinion).

My manager told me that if I didn't go on maternity leave I would have been promoted to a Senior position last summer. My understanding of that is that I basically missed out and have to wait another year. At first I didn't realise what was said and brushed it over. But gradually I became to realise that I might be discriminated againist at work due to that fact that I took maternity leave. Would I be right in thinking this?

I want to arrange a follow up meeting with my manager to discuss this further as I don't think that the above is a sufficient reason to deny me a promotion. Do I have a case here? How should I proceed?

Please help!

Emmzi

was there an advertised vacancy while you were off?

how had you agreed with your manager that you would be kept up to date with vacancies?

and when it comes to ET and your employer just denies it what evidence do you have?

MrSnuggles

It's not discrimination. The promotion opportunity was there at the time you was away so you missed it. It's not fair to other employees if the senior role was put on hold because one person is on maternity leave.

KiKi

MrSnuggles wrote: »

It's not discrimination. The promotion opportunity was there at the time you was away so you missed it. It's not fair to other employees if the senior role was put on hold because one person is on maternity leave.

That's not necessarily the case at all. It might not be fair in your eyes, but the law doesn't always see things that way...

If they did not offer the opportunity *because* she was on mat leave then it may well be discrimination. Just because it's very inconvenient to the company, it can still fall foul of the law.

OP, your problem will be proving it. You would need actual evidence that it was the mat leave that denied you an opportunity, or that you were indirectly discriminated against because you were not given the same opportunities as others due to being on mat leave. You will find it almost impossible to prove unless your employers are silly enough to put that in writing.

KiKi

MrSnuggles

KiKi wrote: »

That's not necessarily the case at all. It might not be fair in your eyes, but the law doesn't always see things that way...

If they did not offer the opportunity *because* she was on mat leave then it may well be discrimination. Just because it's very inconvenient to the company, it can still fall foul of the law.

OP, your problem will be proving it. You would need actual evidence that it was the mat leave that denied you an opportunity, or that you were indirectly discriminated against because you were not given the same opportunities as others due to being on mat leave. You will find it almost impossible to prove unless your employers are silly enough to put that in writing.

KiKi

And how do you offer the promotion to someone currently away? It's usually a first come first served opportunity. Maybe someone else got that promotion so the spot's filled in by the time OP's back.

future-sailor

Hi thanks for the replies. I don't think I explained myself correctly. The senior position was not advertised. It is just a natural progression role from a junior one all the right attributes have been made. I believe that I have all the qualities to progress from a junior to a senior and don't think that time away for having a baby should be a valid reason to deny promotion.

Yes I will have trouble proving that this had ever happened but I'm going to arrange a meeting where an additional member of staff will be present to act as a witness to what willbe said. Do you think this is the correct action? I just want my promotion.

MrSnuggles

Well if you weren't competing with others for the promotion then there's still nothing you can do unless the employer is dumb or really nice to you. Having another member of staff there is telling the employer you're taking steps... He will retaliate by choosing his wording more carefully.

What kind of junior job is this? If it's in a law firm you're screwed.

future-sailor

Not a law firm. I know I was stupid not to follow this up straight away. I hope that I can gain a promotion as there is no reason why I shouldn't. That's if maternity leave is not a valid reason? If they confess then I win and if they deny then there k no other valid reason - again I win, right?

CFC

future-sailor wrote: »

Hi thanks for the replies. I don't think I explained myself correctly. The senior position was not advertised. It is just a natural progression role from a junior one all the right attributes have been made. I believe that I have all the qualities to progress from a junior to a senior and don't think that time away for having a baby should be a valid reason to deny promotion.

Yes I will have trouble proving that this had ever happened but I'm going to arrange a meeting where an additional member of staff will be present to act as a witness to what willbe said. Do you think this is the correct action? I just want my promotion.

Unless the promotion is usually automatic, making these kind of waves will possibly guarantee you never get any promotions ever, depending on what the company is like. Especially as you yourself point out you will have trouble proving it even happened.

future-sailor

CFC wrote: »

Unless the promotion is usually automatic, making these kind of waves will possibly guarantee you never get any promotions ever, depending on what the company is like. Especially as you yourself point out you will have trouble proving it even happened.

Yes but don't. I deserve a valid reason?

Should I just arrange a one to one again? No witness?

Evilm

I'm not sure that you have a case unless they passed you over for the promotion before you went on maternity rather than during maternity leave.

I'd check if any of your local solicitors have a free clinic and get a 10 minute review with one. They are normally run once a week or so in an evening on a drop in basis.