discrimination at work Post Reply

[claphamama]

Have been back at work after maternity leave and found out a (male) colleague at same level as me has been promoted (when I left on maternity leave) to a position I was working to get to.
When I asked my manager why I wasn't notified and what are the next steps re career progression the reply was that they are in their rights to promote who they see fit and the team is now complete and not going to change for the future.

I am very aware this is in breach of maternity law and that I have been discriminated against and yes, I am very unhappy at the moment (nobody wants to hear your career is over!). I am not looking into staying in my job much longer but if I have a case, is it worth fighting? Does anybody have experience with this? I work for a very big company that considers non-discrimination a core principle and value. I am sure they do not want to be taken to court or ruin their reputation in any way.
I know it could potentially be very stressful and might have an impact on job search but part of me think I shouldn't let them get away with it.

[tooposhtopush]

Short answer is yes it is worth fighting even if you are looking to stay.

I once worked for a very high profile company that was both on the face of it very flexible and inclusive but in reality was institutionally sexist, mysogynistic and full of bullies.

It was a truly horrible place full of horrible people yet when I told people where I worked they all said "wow that was amazing"

Anyway the point is that like all bullies they absolutely caved in when I appointed solicitors and I recevied a decent settlement.

So yes, worth it and I'd speak to a solicitor asap to work out options.

There is someone called Jo Employment Lawyer on this site and although I have no connection to her and have never used her she gets rave reviews. I'll try and find her details.

good luck!

[tooposhtopush]

http://www.nappyvalleynet.com/mums/view ... 46&t=56706

[Girliemum]

Is this discrimination? If you were working towards the promotion, then perhaps your colleague was too? If the vacancy came up when you were on leave would it not be sensible for your firm to fill it - perhaps they should have notified you first and interviewed you too? Would you feel the same if the post had been filled by a female?

When I returned to work after my first, I found colleagues promoted in my absence, but it was all very transparently done. Perhaps I'm just being naive though. To be honest I was quite happy to take a less fast track progression for a couple of years though whilst juggling work and toddlers.

[claphamama]

Yes I do believe it is discrimination. I am not expecting promotions not to happen when I am off but as we were both on same level and after the same position I should have been notified so that I could apply to if I wanted to (not my opinion, that's the law). Are they purposely trying to marginalize me or they just assumed I wanted to take it slow/wasn't bothered - I don't know but still it doesn't make it right.
I have already spoken to Acas and an employment lawyer so I know where I stand...I am just after advice from somebody that went to the process of discrimination claim.

[Mum2Monkey]

I also recommend getting in touch with Jo Martin. We had a chat (no fee) and I came away with a really clear view on which part of my treatment was / was not discrimination and what my options were. It was another six months or so before I felt able to act on the advice - but Jo was great and helped me to get the best out of a bad situation. I think you will also find the defintion of discrimination is wider than many people think and most companies will settle before it gets to court - but don't underestimate how stressful going through the whole process is. Even if you have a water tight case, it is still really tough and I found my company did everything they could to make me doubt myself. Good luck.

[Seriously?]

I'm no expert on any of this, but logic would seem to dictate that your case is based on your exclusion from the promotion process due to being on maternity leave. This seems pretty clear cut, and any big corporation would be well aware of the rules around this and should take responsibility for it.

Would it really need to come down to a personal attack? I can see this would be a potential issue if you had missed out on the promotion after applying, but surely it wouldn't need to come to that if you grievance is around being denied the opportunity to apply in the first place?

I think women have made great progress in the work place, but having a baby still seems to attract discrimination in even the most progressive of companies. I would take careful considered action under advice from an experienced employment lawyer. I can't see how any of this would affect your references either for future employment.

[supermummy]

I can totally understand that you feel aggrieved by how this has been handled. There is obviously no guarantee you would have got the job but, as you say, you should have been given the opportunity to apply for it. Comments that maybe it would have been too much for you to juggle truly astound me -would anyone ever ask a man that?? Maybe you are the breadwinner or a single parent? Maybe you just really want a career?

Anyway, back to your question. I have had a tricky time on both of my mat leaves. First time I went from being rising star to being bullied horribly when I went to ask about flexible working (of course they don't have to agree to it but they have to take it seriously andnot write you off). I was so horrified by how my male boss was treating me and that it could spell the end of my career that I got legal advice and sued them for constructive dismissal, discrimination and harassment. All I really wanted as my outcome was to keep my maternity pay, my return to work bonus and get a clean reference so I could move on with my career elsewhere and to make a point. After a whitewash of a grievance process, I kept up the pressure and they settled. I got everything I asked for and found a new job. It was very stressful, I could have insisted on taking it to tribunal and gone for more money but for me the end game was to move on and not be out of pocket. I'd made my point and that was enough vindication for me.

Second time around, a female peer with no kids was promoted to a role that I would have legitimately expected to apply for. I complained to my boss and he mumbled a few excuses. I did not take it any further as that time I really did want to go back there for various reasons and I was fairly sure there would be other opportunities (which there now are and he is supportive of me which would not have been the case if I had kicked off).

You have to be prepared to be lied about. You also need to be sure you are prepared to lose. If you are certain you will leave, you could try the grievance process first to test the water? Hopefully your solicitor can help with the strategic decisions.

Good luck!

[Scottov]

I'm sorry but there is nothing in your post that suggests discrimination in any way.

at best it's a matter of internal policy, maybe check your staff handbook. If they are in breach of formal policy by not inviting you to apply then you might have something but I doubt it.

Your question really comes to this: is there any legal obligation to advertise internal vacancies. There is not. However if internal policy and practice says otherwise then maybe.

However your employer will simply say they are using management discretion and that the promotion was based on merit.

I think a better question is why you assume you have been discriminated against?