discrimination following return to work from maternity leave
Submitted by kerso on May 29, 2012 - 20:45
I returned to work today following 9months off to be told that the job i was doing no longer exists. A temporary vacancy was created to cover my absence and i have been told this person is now doing a new job. I have looked today and it appears the person covering for me has increased the job spec and taken on additional work. The job is programme on attendance management and i have been told that due to the persons previous knowledge in HR she is being used in this capacity. I now feel I have left to have a baby and my career has been hindered. The job still exists but they are trying to say it has changed but all the aspects of the programme which i implemented are still in place with the exception of some new stuff being added. I was not kept in touch with during my absence and was told this over the phone. Do I have a case? ALso the person who took over my job was told it was temporary to cover mat leave and they have tried to make it look like she is doing a new job when in fact it is my job but with some added extras.
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Go ahead!
I really hope you persue this. Very recently I took on my former employer over a job change when I returned from maternity leave. I represented myself at the tribunal and I won.
It can get quite technical and I had some very valuable help from some knowledgable friends and family, but from what I learned, it sounds like you have a case. If you dont have a union (my didn't support me so you don't need a union) and you dont have the money to hire a lawyer yourself, maybe try a no-win-no-fee employment lawyer to guage your chances of success. Alternatively, have a go yourself! Its a long slog but the employment tribunal service is set up to deal with lay people. Just before the tribunal hearing I told a friend that I was niaively optimistic because I had right on my side. It sounds like you do too.
I'd be happy to give you some pointers if you need them.
Good luck.
I really hope you persue this. Very recently I took on my former employer over a job change when I returned from maternity leave. I represented myself at the tribunal and I won.
It can get quite technical and I had some very valuable help from some knowledgable friends and family, but from what I learned, it sounds like you have a case. If you dont have a union (my didn't support me so you don't need a union) and you dont have the money to hire a lawyer yourself, maybe try a no-win-no-fee employment lawyer to guage your chances of success. Alternatively, have a go yourself! Its a long slog but the employment tribunal service is set up to deal with lay people. Just before the tribunal hearing I told a friend that I was niaively optimistic because I had right on my side. It sounds like you do too.
I'd be happy to give you some pointers if you need them.
Good luck.
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It may be discrimination
Hi kerso
I’m sorry to hear about your situation. It sounds as though you may have been discriminated against because of your pregnancy/maternity leave.
To win a case for pregnancy/maternity discrimination, you will usually need to prove that you were treated ‘unfavourably’ during your pregnancy/maternity leave, because of your pregnancy. So you will need to show that
1. 1. You were treated ‘unfavourably’ – you can put forward evidence about losing out to your maternity cover, and
2. 2. That it was because you were pregnant or went on maternity leave.
(The law is in section 18 of the Equality Act 2010). Your employer may argue that the reason you weren’t given the job was nothing to do with you being on maternity leave, for example it sounds as though they are saying it is a very different job. You will need to show that isn’t correct by putting together evidence of the day-to-day job you did compared with the new job.
Remember that the deadline for making a discrimination claim in the employment tribunal is 3 months less one day from the act you are complaining of. So for example if your maternity cover was offered the job instead of you on 10 May, the deadline will be 9 August. You can write and submit the claim online yourself on the tribunals website here:
http://www.justice.gov.uk/tribunals/employment/claims/making-a-claim#claim
The specialist charities Working Families and Maternity Action are two of WEN’s partnership organisations and they may be able to help you. Their websites are:
http://www.workingfamilies.org.uk/
http://www.maternityaction.org.uk/
We at Leigh Day & Co also offer 10 minutes' free advice to potential clients with pregnancy/maternity discrimination queries. You can call us on 020 7650 1200 if you would like to discuss your situation.
Hi kerso
I’m sorry to hear about your situation. It sounds as though you may have been discriminated against because of your pregnancy/maternity leave.
To win a case for pregnancy/maternity discrimination, you will usually need to prove that you were treated ‘unfavourably’ during your pregnancy/maternity leave, because of your pregnancy. So you will need to show that
1. 1. You were treated ‘unfavourably’ – you can put forward evidence about losing out to your maternity cover, and
2. 2. That it was because you were pregnant or went on maternity leave.
(The law is in section 18 of the Equality Act 2010). Your employer may argue that the reason you weren’t given the job was nothing to do with you being on maternity leave, for example it sounds as though they are saying it is a very different job. You will need to show that isn’t correct by putting together evidence of the day-to-day job you did compared with the new job.
Remember that the deadline for making a discrimination claim in the employment tribunal is 3 months less one day from the act you are complaining of. So for example if your maternity cover was offered the job instead of you on 10 May, the deadline will be 9 August. You can write and submit the claim online yourself on the tribunals website here:
http://www.justice.gov.uk/tribunals/employment/claims/making-a-claim#claim
The specialist charities Working Families and Maternity Action are two of WEN’s partnership organisations and they may be able to help you. Their websites are:
http://www.workingfamilies.org.uk/
http://www.maternityaction.org.uk/
We at Leigh Day & Co also offer 10 minutes' free advice to potential clients with pregnancy/maternity discrimination queries. You can call us on 020 7650 1200 if you would like to discuss your situation.
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Visa v. Paul [2004]
Kerso
What's the latest regarding your work situation?
Further to what Jane stated above, I've thought of a piece of case law (from the EAT) that has some similarities to your situation. In the above case, it was held that failing to inform an employee on maternity leave of a vacancy she would have applied for had she known about it was a breach of implied term of trust and confidence. The point being, that even if your 'temporary' replacement is doing a 'new' job, your employer had an obligation to inform you of this position and let you apply for it.
Regs.10, 18/18A of Maternity and Parental Leave etc. Regulations 1999 (as amended) amongst others also set out your right to return to work, to return to a similar position, and what should happen if a 'redundancy' situation occurs during maternity leave. This could be useful to show that your 'redundancy' was procedurally unfair, and is in addition to any claim you may have under the Equality Act 2010.
Following is a link to the Visa judgement - it is quite complicated but maybe gives you some food for thought.
http://www.employmentappeals.gov.uk/Public/Upload/EAT972EAT9802EAT32702E...
All the best.
Kerso
What's the latest regarding your work situation?
Further to what Jane stated above, I've thought of a piece of case law (from the EAT) that has some similarities to your situation. In the above case, it was held that failing to inform an employee on maternity leave of a vacancy she would have applied for had she known about it was a breach of implied term of trust and confidence. The point being, that even if your 'temporary' replacement is doing a 'new' job, your employer had an obligation to inform you of this position and let you apply for it.
Regs.10, 18/18A of Maternity and Parental Leave etc. Regulations 1999 (as amended) amongst others also set out your right to return to work, to return to a similar position, and what should happen if a 'redundancy' situation occurs during maternity leave. This could be useful to show that your 'redundancy' was procedurally unfair, and is in addition to any claim you may have under the Equality Act 2010.
Following is a link to the Visa judgement - it is quite complicated but maybe gives you some food for thought.
http://www.employmentappeals.gov.uk/Public/Upload/EAT972EAT9802EAT32702E...
All the best.
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