Demoted after maternity leave: Advice needed Post Reply

[MMmmm]

Apologies for the long post, I'm seeking some much needed advice...

I've gone back to work after 12 months maternity leave to a new role that is clearly a demotion.

As I left work to start maternity leave I was advised that I would not be returning to my old role. Despite making every effort to keep in touch while I was away, I was told 4 working days before I returned from mat leave what my new job would entail. My reporting line also changed and I was reporting to a colleague who is (was) my level. It was clear to me that it was a demotion. I raised it in writing with the head of the team but after a terse phone call nothing changed. I agreed to go back to work in the new role and see how it went.

Since returning I've raised issues about the role and even tried to put forward a new role for myself, all to no avail. A 3 month job review that HR stated I would have never took place.

I've worked for the company for 6 years, received 3 promotions, and have always had glowing performance reviews. I've got on well with my colleagues and my boss so I don't think the new role was given to me as a slight, it's just that the business has changed and there is no longer a need for as many senior level people on the team.

I believe that I have a case for constructive dismissal but wanted to avoid the nastiness and cost of going down a legal route. Despite wanting to work I took the difficult decision to requested redundancy as a result of my job no longer being available and the alternative not being suitable.

To say that my organisation have dealt with it badly is an understatement. In short they don't seem to want to engage in the discussion short of saying that they don't believe I have a basis for a claim but that they will look into it. They have left me hanging for 3 weeks waiting for an official response. I don't feel it's fair that I should have to hand in a resignation. I think they are banking on me not taking it further with lawyers.

What do I do next? Does anyone have any advice they can offer me?

I've tried to get in touch with Maternity Action but their number is constantly busy-- I guess my situation isn't unique!

[szczepam]

Hi,

I am in a similar situation to yourself. I came back from 6 months maternity leave only to be made redundant 10 months later. I was formerly a Vice President in a private equity fund, travelling around Europe and working 12-14 hour days. When I came back from mat leave, I was thrown onto a live deal and worked like crazy. Once it closed I was let go. 3 months later, after a painful job search, I have reached the conclusion that quite frankly mothers are not welcome within global M&A and am wondering what to do with the rest of my life.

If you haven't already I would consult with an employment lawyer. They should be able to give you a sense of where you stand legally without charging. I recently used a good one during my redundancy. Good luck,

Marissa

[lorrwa]

that's terrible. I don't know how to add a link to previous post, but if you search employment lawyer on this site, you'll find a post from earlier this week. there was some useful info there.
best of luck

[Bellevue Law]

Hi there.

I'm sorry to hear of your situation. It's stressful but, as other posters have said, not uncommon.

I am an ex-City solicitor specialising in employment law and dispute resolution, and I have a particular interest in sex discrimination.

I am opening my own legal practice, based near Wandsworth Common, next Monday, and I'd be happy to have a chat with with you about your situation without charge. Feel free to give me a call on 07855 493075.

All the best,

Florence

[Annabel (admin)]

Hi
This is the post that Lorcwa suggested.

Jo is a local mum and also a employment law specialist.

A thread about her is here...

http://www.nappyvalleynet.com/mums/view ... 46&t=40574

Hope this all helps and good luck!

[pinky]

Hi I was in the same postion after meternity leave , I was working as a Manger for starbucks coffee company for 7 years , I felt used , I know it is so stressful but you need to be strong and fight back .I went to lawyer explained every thing .Then he said I have strong case but he doesn't know how much I can get , I did not even go to court after they have the 1st later from the lawyer they start communicating and I got paid £12,000 so my advice is please be strong and make a note date and time for all the treatment you getting , you dont even need a witness keep all the letters ,conversations and tel. calls you making .
Lawyer can be very expensive but I used no win no fee lawyers I was so happy with the results , the lawyer I used it is near London Bridge Antonys .....if I find the no. and address I will post it for you.
Last thing I want say no women should be treated that way , we should be strong and fight back , the bad new was my boss was a woman ,but I am happy that I left , I am now working for myself and more relaxed ,I can pick up and drop off my child to school.........one door close another open .....Good luck.

[mommyg]

Hi, I'm not an employment expert, but did my own research when I was on mat leave. My understanding:

*if you're away less than 6 months, they have to keep your job open for you.
*6-12 months: they don't have to keep your job, but must put you into a similar job with same terms etc.
*if you're away over 12 months, they're not legally obliged to give you anything.

Remember when calculating your mat leave to take off any annual leave - this would have accrued during your time away and you could have used it to extend your leave. Annual leave is considered regular employment not mat leave.

[millymoo]

I really feel for you Michele as I was due for a promotion whilst on my second maternity leave - it never happened as I honestly think they didn't bank on me coming back at all and I had someone else promoted in above me and reporting lines changed without me being notified. I think you need to ask yourself how important it is to be working at the company and I'm afraid just grit your teeth and put up with it and do as best a job as you can. You mention that the business has changed and that there isn't a need for as many senior managers as before which would seem to me to imply that your new role has nothing to do with whether you were out or not. You do have the opportunity to prove them wrong and either stick it out or get a job elsewhere. I'm not sure what sector or size or organisation you work in but in my area (financial services) any kind of litigation (threatened or otherwise) would effectively mean an end to a career in the industry. It is a sad fact that this type of behaviour continues and I particularly sympathise with the response or lack thereof of since you have been back but you can empower yourself in other ways rather than recourse to legal action.

[MummyWalker]

My sister in law had some not dissimilar issues when she returned to work from maternity leave - she contacted the Citizens Advice Bureau and they really helped her understand the legal position / what her options were etc.

[MMmmm]

Many thanks to everyone for your posts, advice and suggestions. I'm sorry to hear that my situation is far from unique. It’s been very helpful and has given me a route forward, for now at least!

[Elenita4ever]

Hi -- I'm sure you'll get a really good steer from the employment lawyer but, if you do decide to go down the legal route, you should take the "sexual discrimination" angle, not constructive dismissal. Compensation for the latter is capped at I think around 60k but discrimination is not. If you were rapidly promoted, had great reviews etc and then your seniority, treatement etc all changed after you had a baby - that sounds like discrimination to me.

Good luck!

E
xx