Please delete

zombeana

Thank you for the advice I appreciate it. I feel I had to delete it I'm case anyone read it from work..not sure how to delete posts

sangie595

zombeana wrote: »

Looking for advice if I decide to pursue this with a grievance s recommended by ACAS... not sure how to go about it.

Summary is I work p/t, I'm pregnant, i have a 1 year old too. Been back 6 months, unexpected 2nd pregnancy. There are two people with my job title, same role. My employer gave my colleague a promotion without telling me, when i found out and questioned it they said they 'thought I had too much on at the monent' the job wasn't discussed with me or advertised until after the fact.

I explained I felt let down and disappointed I wasn't afforded the same opportunity. I could have covered the role, it was also p/t and a secondment for 3 months (will still be working this period). I received an apology and a little later my manager actually offered me another job, working 1 extra day in the same role as the colleague. I gladly accepted and arranged childcare as they wanted this asap.

Today I've been told this job will not go ahead due to Hr not approving it.

I feel messed around and lied to. A grievance is the last thing I want but feel I have no choice, I've been an advocate for pregnant staff, securing a policy change a few years ago when I had an issue with one of my pregnant staff not being afforded annual leave- anyway, I feel strongly about it so I don't feel I can let this go.

My question is how and what do I include in a grievance - what are my options for an 'outcome'? Do I have to resign? I don't see how I can continue to work there if I do this?

DO NOT RESIGN. Resign and the only thing you will get is unemployment.


You do not have the right to decide that you have a grievance so you won't work there any more. If you genuinely believe that putting in a grievance means that you won't feel able to work there, stop now and do not put in a grievance.


You haven't quite said this, but you are alleging that the only reason that you were not given this opportunity was because you are pregnant. Can you prove that? What evidence would you offer for that suggestion? Because if this isn't the reason, you should walk away now - the employer does not have to treat people equally , or give anyone else the opportunity, unless you are alleging discrimination on a protected characteristic. Just "picking" is actually lawful. You are saying that it isn't because they picked someone else due to your pregnancy. And that they blocked you having the same chance because of your pregnancy and no other reason.


And what outcome do you want? You want them to create a job for you that they have already said isn't needed? You want money (probably not going to happen, but you can try)? You want an apology? It isn't really for us to say what outcome you want - that is for you to say. What would satisfy you?


And be very clear - if you resign before the grievance process is completed in full, and probably even then, you will probably get nothing. Trying to claim both discrimination and constructive unfair dismissal places a huge burden of proof on you (which you currently do not have) and these are the least likely claims to succeed at tribunal.


And I am not trying to put you off. I am warning you. I'll help (as will others) if you want it, but be clear what you are walking into, because there is very little chance of a win, very little chance of a payout, and a lot of a chance that you will damage your prospects and your future at this employer. That isn't to be done lightly.

YouAsked

FWIW I agree with you - it sounds like they have made decisions based on your pregnancy, and that's rubbish - particularly due to the duration of the temporary role and that it would have been completed before you went on maternity leave. It stinks.

BUT - I strongly doubt you would be able to *prove* any of this and I don't think that you have a lot to gain by fighting this. They're not going to put you into the same position as the other person because the other person is already there. You can't prove anything about the second job - they are enititled to structure/restructure as they see fit and you can't prove it has anything to do with your pregnancy - unless of course you have an email which says "we were going to offer you x job but we're not now because you're pregnant".

Even if it was taking something away from your current role, you'd be in a stronger position but saying you didn't get something which never existed because you're pregnant is going to be on nigh on impossible to prove and even if you did manage to prove it, then what? You've said yourself that it would be difficult to carry on working there.

I absolutely agree with you that it's unfair though, I really do. I just don't think you have a strong enough case to argue.

Mersey_2

Bogalot wrote: »

Looking at this from the employer's point of view, why should they give you the new role? You're off work for a long period of time, you're back six months and you announce you're going to be off again. Goodwill is a two way thing.

Whilst that may be how employers feel, if they were caught saying anything similar in relation to an employee it would be a breach of employment law, as both periods were to have children. Indeed it would be tantamount to saying female employees can't have 2 children whilst working there.


Yes, it must be difficult for small firms (I recall a legal sec who had 3 children in 5 years), but that is the law. I realise 25% sympathise with what Godfrey Bloom & Donald Trump said about women at work, but the law is there to protect employees.

agrinnall

Sangie, you really need to delete (or at least redact) your quote of the OP given that it has now been deleted in order to prevent identification.