Am I being discriminated against /victimised etc
Comments
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I disagree that the request is premature. By making the request now it gives the company the maximum possible to time to investigate the practicalities of the change request. When I was in management it would annoy me when somebody left a request until the last minute in the apparent hope of railroading a decision in their favour.
But there's a balance. What if planned childcare changes when the reality hits and helpers don't want to help, or the childminder they were planning to use is rubbish, or doesn't have places?
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? What if one party gets a promotion and the other can do less hours? What if one person gets made redundant?
I wouldn't be tying myself in to an arrangement now with no real certainty of what life will bring.2021 GC £1365.71/ £24000 -
Bit long winded but I'll try to explain the best I can. Been with my company 11 months and am due to go on Maternity leave next week, i work in a majority male company. Why is that relevant? Working in an environment that is mainly male dominated is common and doesn't mean that discrimination occurs as a result.
A month ago I put in a change of hours request for when I return as it's a 5.30/6am start currently and the earliest I can get childcare is 7am. I agree with the poster who has suggested that such a request a month before even starting maternity leave is very premature. Neither you, nor the employer, can predict your circumstances in what is going to be, what, more than 12 months!?
My employer had basically ignored my request and is passing it from manager to manager to deal with, I believe in the hopes I will give up and resign. You have evidence for that belief? HR refuse to give me any advice on the basis they say it's a conflict of interest and if I need any questions answering then I need to go through my manager (ridiculous in my opinion). HR are there to advise the employer. Not you. This is why you take your issues to your union. Your opinion on what is ridiculous is without merit. You need to speak to your manager.
I don't want to spend the last few weeks of my pregnancy stressing about if I have a job to return to. But honestly, you have submitted the request far too early. It is unreasonable of you to expect them to know what they will need in more than 12 months time and tell you now!
I can put a grievance in however I know that policy and procedures will not be followed and it will be the same managers dealing with my current request. You know that? What is your grievance going to be? That they are being unreasonable in not giving you what you want now?
any advice would be appreciated.
I see no evidence here is discrimination or victimisation. Being pregnant does not mean that you can have your own way in your own time or else you call it discrimination. You are being unreasonable in your expectation that they know their business needs now for some hazy date in the future when many things may have changed for you and for them. Bear in mind that they might agree something now, you want another change later and they say no, you've had your chance!0 -
To answer your question, no - not discriminated against and not victimised.
Probably not what you wanted to hear, but you've heard it from several people now.0 -
I see no evidence here is discrimination or victimisation. Being pregnant does not mean that you can have your own way in your own time or else you call it discrimination. You are being unreasonable in your expectation that they know their business needs now for some hazy date in the future when many things may have changed for you and for them. Bear in mind that they might agree something now, you want another change later and they say no, you've had your chance
excuse any mistake I'm replying on my phone
1. the reason I referenced the company being majority male is due to the fact that maternity issues come up very rarely and due to procedure not being followed several grievance have been made.
2. I am not taking 12 months off and I'm taking 8 it also takes on average 12/18 weeks to recruit someone into a position of my level and therefore was giving myself time apply for other jobs if needs be. I was also giving my employer time to recruit into my position.
3. Yes I have evidence of the request being ignored one manager even stated he swerved it and passed it on as maternity is a minefield and too complex.i have emailed repeatedly and spoken To the other managers in person it has been a joke between them that no one wants to deal with it.
4. I'm not in the union
5. again I am not taking 12 months and even if I was given my role I would prefer that I give them ample time to recruit somone in my place and implement any changes if necessary.
6. The grievance would be based on the fact that they aren't following their own policies for example they have delayed responding and have surpassed the timeline laid out in the policy for a start.
I'm fully aware that being pregnant doesn't mean I get my own way, I'm not a child stamping my feet. I am trying to put things in place for when I return for things to run smoothly for both.0 -
As was said right back in the very first reply, your right is to return your existing job on your current terms and conditions.
Anything else is far less clear cut. Yes, you can request a variation or flexible working etc but it is generally very easy for a company to lawfully refuse.
Also, they do not have to consider and decide on your request now. They can quite lawfully delay doing that until far nearer the time.
I realise that is not what you want to hear but I do not see that they are doing anything unlawful at the moment. You might be justified in being suspicious about their motives, but you cannot make a case out of what they might or might no do!0 -
Undervalued wrote: »As was said right back in the very first reply, your right is to return your existing job on your current terms and conditions.
Anything else is far less clear cut. Yes, you can request a variation or flexible working etc but it is generally very easy for a company to lawfully refuse.
Also, they do not have to consider and decide on your request now. They can quite lawfully delay doing that until far nearer the time.
I realise that is not what you want to hear but I do not see that they are doing anything unlawful at the moment. You might be justified in being suspicious about their motives, but you cannot make a case out of what they might or might no do!
Thanks you for the response, I appreciate it. I don't even particularly want to go down the grievance/ tribunal route I just wanted to know where I stood. it's all just a little frustrating being ignored when I'm trying to be reasonable.
I didnt realise they can delay so thank you for clarifying that. I think best thing is as it's highly unlikely ( a manager has said that to me) that the request will be agreed, I start looking for another job just in case that way I'm prepared when I finish materniry and am not left out of work.0 -
They can delay because whilst you don't know what is going to happen in 8 months neither do they as a business, what maybe suitable now may not then and vice versa.Thanks you for the response, I appreciate it. I don't even particularly want to go down the grievance/ tribunal route I just wanted to know where I stood. it's all just a little frustrating being ignored when I'm trying to be reasonable.
I didnt realise they can delay so thank you for clarifying that. I think best thing is as it's highly unlikely ( a manager has said that to me) that the request will be agreed, I start looking for another job just in case that way I'm prepared when I finish materniry and am not left out of work.
As others have put I would really not worry about this issue this side of the birth, a month after...fine, 6/7 months is still plenty of time to deal with it.Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked0 -
I think you need to recognise that 8 months ( and you could change your mind about that at any time) plus holiday entitlement is still a very long time in the future.
Ignoring a request isn't discrimination though - it sounds more like fear, and something I see in both male and female managers trying to navigate what he rightfully considers a minefield of choices.
I know you are not in a union. That was a heavy handed hint on my part! You are relying on your employers resources to help you! You really need to get your own!
Would you be satisfied if they deal with it now, and say no? Because in legal terms, you are only allowed to ask once a year, so that would be the end of your requests. They could legitimately refuse any further consideration of change if you decided you needed to change what you wanted.0 -
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Not going to pry too much into your personal life, but you mentioned "We have the exact same job, hours etc just different units " with regards to your partner.
Do you not feel that this is a bit discriminatory? Pregnant woman has to try and alter her hours, yet the male partner doesn't?
It is only a few steps from you being a full time housewife :rofl:0 -
Not going to pry too much into your personal life, but you mentioned "We have the exact same job, hours etc just different units " with regards to your partner.
Do you not feel that this is a bit discriminatory? Pregnant woman has to try and alter her hours, yet the male partner doesn't?
This is a valid point.
Related, further down the line, is who takes emergency unpaid leave when the child is suddenly unwell? There is a natural tendency amongst couples for whoever earns the lower salary to take the time off. However the employers are quite entitled to expect the disruption to be shared equally!0
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