Discrimination during maternity leave
Discussion
Corpulent Tosser said:
Perhaps I am wrong on this and I accept I am a dinosaur regarding this aspect of employment law, but if an employee who is on maternity leave for a year (which in my opinion is far too long but that is for another thread) and the employer requires someone for a new position or higher grade/promoted position why would they want to leave it open or employ a short term contractor to cover until the person on leave returns ? Just sounds crazy to me.
Because that person on leave may be the best person for the job, and being pregnant/on maternity leave cannot change that?daemon said:
Probably. But likely only to be her department. Depends on the size of the company i guess.
Spoke to my wife there whos a senior contact centre manager, and deals with this stuff with her HR people all the time, but yes, she said it would be a requirement that she was informed of any possible opportunities.
I guess I seem like I'm just being pedantic but that's what I'm getting at - is it "possible opportunities", in which case who decides if it's possible, or is it any opportunities in which case would you expect to be disturbed whilst on maternity leave every time any kind of opportunity comes up?Spoke to my wife there whos a senior contact centre manager, and deals with this stuff with her HR people all the time, but yes, she said it would be a requirement that she was informed of any possible opportunities.
Jasandjules said:
Corpulent Tosser said:
Perhaps I am wrong on this and I accept I am a dinosaur regarding this aspect of employment law, but if an employee who is on maternity leave for a year (which in my opinion is far too long but that is for another thread) and the employer requires someone for a new position or higher grade/promoted position why would they want to leave it open or employ a short term contractor to cover until the person on leave returns ? Just sounds crazy to me.
The law is as it stands. And maternity leave has a large number of protections.I have doubts about whether these laws are sensible, or indeed fair on the employer.
Actus Reus said:
Repeatedly asking 'when are you coming back' and saying 'there's an opportunity - are you interested' are quite different and if you can't see that I'd suggest that the problem lies with you.
As to a free cheque - my wife will lose her well paid job. Not quite free.
Have you ever thought that maybe they wanted to know if/when she was coming back because they wanted to offer her the promotion?As to a free cheque - my wife will lose her well paid job. Not quite free.
Sounds very much to me like she's miffed at the company and is now seeking to get a payout. Just my view.
justanother5tar said:
Have you ever thought that maybe they wanted to know if/when she was coming back because they wanted to offer her the promotion?
Sounds very much to me like she's miffed at the company and is now seeking to get a payout. Just my view.
Well that's a funny fSounds very much to me like she's miffed at the company and is now seeking to get a payout. Just my view.
king way of doing it isn't it?In any case the job was gone long before she went in.
Actus Reus said:
justanother5tar said:
Have you ever thought that maybe they wanted to know if/when she was coming back because they wanted to offer her the promotion?
Sounds very much to me like she's miffed at the company and is now seeking to get a payout. Just my view.
Well that's a funny fSounds very much to me like she's miffed at the company and is now seeking to get a payout. Just my view.
king way of doing it isn't it?In any case the job was gone long before she went in.
I'm all for equal opportunities for women and men and if they want maternity leave fair enough.
What I would do if I had a job opportunity coming up is advertise it so those in work and on maternity leave have the same opportunities to apply.
Having said all of that I really think that those who take 12 months leave, putting a strain on their employers who willingly or otherwise support them to have that leave, but then quit after that 12 months leave should be locked up then when released get a marker put on them to warn employers what they have done.
It seems the OP and his mrs were contemplating not returning after enjoying the 12-months leave. There really should be strict sanctions on such actions if there are none ready. Is there?
What I would do if I had a job opportunity coming up is advertise it so those in work and on maternity leave have the same opportunities to apply.
Having said all of that I really think that those who take 12 months leave, putting a strain on their employers who willingly or otherwise support them to have that leave, but then quit after that 12 months leave should be locked up then when released get a marker put on them to warn employers what they have done.
It seems the OP and his mrs were contemplating not returning after enjoying the 12-months leave. There really should be strict sanctions on such actions if there are none ready. Is there?
essayer said:
Corpulent Tosser said:
Perhaps I am wrong on this and I accept I am a dinosaur regarding this aspect of employment law, but if an employee who is on maternity leave for a year (which in my opinion is far too long but that is for another thread) and the employer requires someone for a new position or higher grade/promoted position why would they want to leave it open or employ a short term contractor to cover until the person on leave returns ? Just sounds crazy to me.
Because that person on leave may be the best person for the job, and being pregnant/on maternity leave cannot change that?Corpulent Tosser said:
Jasandjules said:
Corpulent Tosser said:
Perhaps I am wrong on this and I accept I am a dinosaur regarding this aspect of employment law, but if an employee who is on maternity leave for a year (which in my opinion is far too long but that is for another thread) and the employer requires someone for a new position or higher grade/promoted position why would they want to leave it open or employ a short term contractor to cover until the person on leave returns ? Just sounds crazy to me.
The law is as it stands. And maternity leave has a large number of protections.I have doubts about whether these laws are sensible, or indeed fair on the employer.
One thing I don't get is why the OP thinks she will lose her well paid job. The law says she can return to it or be offered a suitable alternative
http://www.mylawyer.co.uk/maternity-leave-a-A76056...
There are certain obligations placed on her. One is to give the prescribed advance notification if she wants to return before the end of her OML. Likewise if she intends to take AML or request flexible working on her return.
The default is a return to work after OML. All employers should know this and shouldn't be constantly hassling their employees about when they are coming back. If the employee doesn't intend to return at all then notice must given in accordance with their contract/T&Cs the same as anyone else.
On the issue of whether she should have been informed about the higher tier post, if the opportunity to apply was open to others within the company then her protected status means the employer has dropped the ball big time.
Promotion and other opportunities during pregnancy and maternity leave
Your employer must not deny you promotion opportunities because you are a woman who is pregnant or on maternity leave. If you are on maternity leave, you must be considered for promotion in the same way as any other worker who is not on leave.
To avoid unlawful discrimination, your employer should tell you about promotion opportunities when you are on maternity leave, and give you the opportunity to apply for any promotion you would have been told about had you been at work.
Your employer should avoid making assumptions about women when promoting people. Acting on an assumption that a woman with children will be unreliable, inflexible or not interested in a demanding role, and therefore unsuitable for promotion, would almost certainly be unlawful direct discrimination because of sex.
http://www.equalityhumanrights.com/sites/default/f...
tapereel said:
I'm all for equal opportunities for women and men and if they want maternity leave fair enough.
I really think that those who take 12 months leave, putting a strain on their employers who willingly or otherwise support them to have that leave, but then quit after that 12 months leave should be locked up then when released get a marker put on them to warn employers what they have done.
Wow. I really think that those who take 12 months leave, putting a strain on their employers who willingly or otherwise support them to have that leave, but then quit after that 12 months leave should be locked up then when released get a marker put on them to warn employers what they have done.
You do know that you're not necessarily paid by your employer for most of those 12 months, don't you?
The employer in this case made a £660m profit last year and employs over 70,000 people. They can probably handle the strain even if they were to pay full whack for the whole year (which they don't).
We're debating it - I think she feels she can't go back to the same company, so it looks like she'll resign now, no matter what. We had been shooting for a part time return to work, but that's pretty well dead and buried. If there's a case against these guys I daresay she'll pursue it - as I said earlier they have been sued 3 times in recent months for sex discrimination and lost each time so seems like they have form for it.
We'll see though - need to sleep on it I think.
Not surprised by the PH responses, though they seem to have doubled my wife's resolve to prosecute this if she can.
We'll see though - need to sleep on it I think.
Not surprised by the PH responses, though they seem to have doubled my wife's resolve to prosecute this if she can.
Breadvan72 said:
The responses above are typically PH, but also wrong. The OP's wife may well have a claim that she has been subjected to a form of detriment for a reason connected with her maternity status. It is not reasonable to expect someone on maternity leave to monitor company emails.
Those of you cry foul please think about it for a minute. The OP's wife has possibly been disadvantaged at the work place because of her pregnancy/maternity. Note that there is no need to find a male comparator, because there cannot be a male comparator so long as only women can become pregnant. Maternity has a special protected status in employment law. This has nothing to do with political correctness. It attempts to redress the career imbalances that flow from women taking time off to have children.
Talking absolute sense for once...Those of you cry foul please think about it for a minute. The OP's wife has possibly been disadvantaged at the work place because of her pregnancy/maternity. Note that there is no need to find a male comparator, because there cannot be a male comparator so long as only women can become pregnant. Maternity has a special protected status in employment law. This has nothing to do with political correctness. It attempts to redress the career imbalances that flow from women taking time off to have children.
JonV8V said:
daemon said:
JonV8V said:
bhstewie said:
hstewie said:daemon said:
Legally - not up to her to log on to work email and check. They would need to have told her.
Goes back to a question I asked earlier - would they have to have told her of every vacancy that came up within the company?Jasandjules said:
Corpulent Tosser said:
Perhaps I am wrong on this and I accept I am a dinosaur regarding this aspect of employment law, but if an employee who is on maternity leave for a year (which in my opinion is far too long but that is for another thread) and the employer requires someone for a new position or higher grade/promoted position why would they want to leave it open or employ a short term contractor to cover until the person on leave returns ? Just sounds crazy to me.
The law is as it stands. And maternity leave has a large number of protections.Exactly
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