Unfair interview maternity discrimination

Legacy_user

Hi

I hope there may be someone who will be able to offer advice ...

I work for an NHS trust as a band 7 manager. I have just returned to work after a year off for maternity leave. During my mat leave the Trust underwent an organisational restructure - this meant all managers including my peers went through an

Comms69

HKel88 wrote: »

Hi

I hope there may be someone who will be able to offer advice ...

I work for an NHS trust as a band 7 manager. I have just returned to work after a year off for maternity leave. During my mat leave the Trust underwent an organisational restructure - this meant all managers including my peers went through an assessment day consisting of two exam papers and a four panel interview. As a result of the restructure the duties and responsibilities of the job changed slightly.
Just prior to my return I received an email stating I would need to be interviewed immediately as I was not able to continue in my normal work role unless I passed the assessment day. I attended the assessment day and received verbal feedback that stated although I was able to retain my position I am not substantive and I am to be put on a 6 month development plan as I scored 1 mark below the pass mark on the interview. My exam papers were high scoring. I know I am strong at interviews and I find this highly unlikely. I have requested my interview notes and the scoring matrix.
During feedback it became apparent they changed some of the wording in my questions therefore changing the meaning and completely eliminated 3 questions (giving me 9 and others in my role 12) The marking was presented as a percentage score
I was also informed I was “rusty” in comparison to my colleagues with references to being off on maternity leave for a year, having a lot going on with being pregnant again! And not being up to date with the most current job role. I was only back for 3 days before the interview took place and received no information regarding the new role or the change in responsibilities.

I have also been informed I will not undergo any development now as I am on light duties (pregnant again) and should undertake this when I return in 18 months. At the end of the 6 month development I will be asked to reinterview at which point I may or may not be made substantive in my post.

I have verbally raised concerns about the fairness or the interview and perceived discrimination on the grounds of pregnancy and maternity.

Does anyone have any experience or knowledge of if/where they have breached employment/equality law?

Thanks in advance

Possibly; but then again you are having 24 out of 30 months off work with good pay - and that’s not a judgment but a reminder.

Is this the sword to fall upon?

Let’s say you’re right. You resign and take them to tribunal - 12-18 months. No pay. Pregnant with a young child. And you’re facing the resources of the trust?

Now that said - speak to your union; you are a member? I mean the NHS is still one of the few union ‘run’ organisations left. So being a member should be a no brainier. If you are; at least your resources include and equally well funded union to fight your corber

System

Thanks

We have a grievance policy so there are steps I could take way before a tribunal and yes I am part of a union.
I hope we can resolve it informally but want to be informed should I need to make it formal

Comms69

HKel88 wrote: »

Thanks

We have a grievance policy so there are steps I could take way before a tribunal and yes I am part of a union.
I hope we can resolve it informally but want to be informed should I need to make it formal

If you are in a union, then I'd say you are better directing your questions to them - it's what you pay for membership fees for.


And that's not me being rude. The Union can provide personalised support to you, as opposed to people on a forum asking a million and one questions

TELLIT01

One thing that stands out for me is the comment "My exam papers were high scoring. I know I am strong at interview" Have you been given that information by a third party or is it your own perception of your ability?


After many months away from the work environment is it possible that you didn't perform as well as you believe, and that you are/were rusty? It would be no surprise if anybody wasn't on the top of their game just a few days back into work after a layoff for whatever reason.


What logic would there be in providing any development training at this time when you will be leaving again in the not too distant future. Surely it is better for you to get that development training when you will be in a position to put the learning into action i.e. when you return from maternity leave.

System

My exam scores have been validated and were considerably above the trust average (feedback from the panel). It was my line manager who interviewed me and whom has interviewed me previously for promotions etc. Hence being aware of previous strong interview performances.
Nothing about my perception.

I’ve strongly welcomed career development and future training. The point is I haven’t secured my role as substantive. It’s not additional training being offered it’s a development plan that could still lead to dismissal

Kentish_Dave

HKel88 wrote: »

My exam scores have been validated and were considerably above the trust average (feedback from the panel). It was my line manager who interviewed me and whom has interviewed me previously for promotions etc. Hence being aware of previous strong interview performances.
Nothing about my perception.

I’ve strongly welcomed career development and future training. The point is I haven’t secured my role as substantive. It’s not additional training being offered it’s a development plan that could still lead to dismissal

It’s not clear why you think that this is unfair. You have spent a lot of time out, you will be rusty, so a plan to get you up to speed does not sound unreasonable.

Masomnia

So for those of us who aren't up on the NHS lingo, what exactly is a development plan? Does it come with some kind of warning? Could it result in a warning? Is it just some training to get you back up to scratch and doesn't necessarily imply poor performance? What does not being 'substantive' in the role actually mean in practice?

To me this does sound on the face of it like maternity discrimination but I think you're better getting proper advice from the union.

Smileymostly

They’re probably just worrying you’ll have a fourth child and be off for another sixth months on full pay? Unusual that the other employees, passed all the tests and interviews, but then if they’ve been consistently on the job and completed all the updates - which of course you know is the main way through which to train employees, considering the constant changes in policy and guidance, it makes more sense to retain them doesn’t it? Why don’t you consider another organisation or part time working?

getmore4less

You still have a job and they seem to be saying you are off so much that you need time to get back up to speed so they can undertake the assessment again on a level basis with all the others.

They are making allowances for the time off being maternity.

They are saying this has to be delayed because of the reasons outlined.

Seems to me you need to be very clear what it is you are not happy with.

Your main grievance seems to be that assessment process was not conducted correctly.


It was my line manager who interviewed me and whom has interviewed me previously for promotions etc. Hence being aware of previous strong interview performances.

I recall one of the key parts of recruiting and assessing in the NHS was performance on the day was all you could use in the scoring.

A summary could be .

You are not up to the job.

When you are ready to come back full time you get 6 months to get back upto speed.

if upto the job then you stay.

Not clear what the alternatives are yet but that is 2 years away.


What outcome do you want that is different?

Takmon

HKel88 wrote: »

I work for an NHS trust as a band 7 manager. I have just returned to work after a year off for maternity leave.

If you decide to have kids and take a whole year off work and now your having another kid and taking another entire year off your bound to be rusty and not up to speed with your job and not as good as other colleagues. So it sounds fair they will put you on a development plan to give you a chance and see how you perform.

You are obviously prioritising you family and time with your newborn child so your career is bound to take a back seat and suffer. I know women who have had less than 1 month off work for maternity then gone back to work because they want to keep progressing with their career.
If your choosing to have an entire year off you can't really complain when they comment on your reduced performance.