Discrimination during maternity leave

Discrimination during maternity leave

Author
Discussion

Hol

8,419 posts

201 months

Monday 12th October 2015
quotequote all
RobinOakapple said:
Red Devil said:
It doesn't matter what any of us on PH think.

The law regarding the rights of a pregnant woman is what it is and has been decided by the ECJ...
I'm amazed that you would think it worthwhile posting something like that in what is after all a discussion forum.

If we were not to discuss things which were covered by existing laws them (speeding for instance) then there would be a great deal less discussion here than there is.
To be fair.. on the legal vs moral debate.

The OP himself, provided some early doubt as to the motives for bringing the claim.


Actus Reus said:
Yes. Because she's on maternity leave. Reading hundreds of emails a day isn't exactly leave.

To be clear, the upset isn't that she didn't get the job - the upset is that because she wasn't even told there was an opportunity. She may very well have chosen to go back earlier for the sake of her career, but wasn't given that chance (I should also add that we don't think any email was sent at all - the blackberry charger is missing so we can't check, but why have all communication via gmail bar this one crucial mail?).

And thank you, Breadvan - I have no experience of this, but that was my reading of it. The company has form for similar stuff and has settled with at least two other employees in the last few months. We'll speak to a solicitor on Monday in more detail and see what happens.

Actus Reus

Original Poster:

4,234 posts

156 months

Monday 12th October 2015
quotequote all
Then you misread my post - I have again and again been quite clear and you are now joining the myriad barrack room Perry Masons and creating inferences that exist solely in your own mind.

Granfondo

12,241 posts

207 months

Monday 12th October 2015
quotequote all
Hol said:
RobinOakapple said:
Red Devil said:
It doesn't matter what any of us on PH think.

The law regarding the rights of a pregnant woman is what it is and has been decided by the ECJ...
I'm amazed that you would think it worthwhile posting something like that in what is after all a discussion forum.

If we were not to discuss things which were covered by existing laws them (speeding for instance) then there would be a great deal less discussion here than there is.
To be fair.. on the legal vs moral debate.


The OP himself, provided some early doubt as to the motives for bringing the claim.


Actus Reus said:
Yes. Because she's on maternity leave. Reading hundreds of emails a day isn't exactly leave.

To be clear, the upset isn't that she didn't get the job - the upset is that because she wasn't even told there was anopportunity. She may very well have chosen to go back earlier for the sake of her career, but wasn't given that chance (I should also add that we don't think any email was sent at all - the blackberry charger is missing so we can't check, but why have all communication via gmail bar this one crucial mail?).

And thank you, Breadvan - I have no experience of this, but that was my reading of it. The company has form for similar stuff and has settled with at least two other employees in the last few months. We'll speak to a solicitor on Monday in more detail and see what happens.
I don't think there is any "doubt" why the OPs wife brought the claim,

JustinP1

13,330 posts

231 months

Monday 12th October 2015
quotequote all
What's that got to do with morals?

Stating your position, and explaining background is a sensible thing to do if you want accurate advice.

Cherry picking two sections and stitching them together does not mean that you know what is going through the OP's mind, neither does it have a moral implication.

Pagey

1,372 posts

235 months

Monday 12th October 2015
quotequote all
scratchchin

Question for the OP...



Whilst you can't name and shame etc............



.
.
The company concerned .... Does the name begin with R ?


Actus Reus

Original Poster:

4,234 posts

156 months

Monday 12th October 2015
quotequote all
No, it doesn't.

Pagey

1,372 posts

235 months

Monday 12th October 2015
quotequote all
Actus Reus said:
No, it doesn't.
.
thumbup


Not the only company to get it wrong then, I'm aware of similar circumstances at work and a "compromise agreement" having just been reached redface

Actus Reus

Original Poster:

4,234 posts

156 months

Monday 12th October 2015
quotequote all
It's incredibly common - PH would be dismayed to know that whole charities exist to help women who have been disadvantaged by maternity.

The payouts are not large, but hopefully the serial offenders will learn and improve themselves and hopefully small businesses will take heed too.

PurpleMoonlight

22,362 posts

158 months

Tuesday 13th October 2015
quotequote all
Actus Reus said:
It's incredibly common - PH would be dismayed to know that whole charities exist to help women who have been disadvantaged by maternity.
No doubt, they do like to be seen as the victims in life and constantly deserving of special attention.

anonymous-user

55 months

Tuesday 13th October 2015
quotequote all
Yawn.... not biting. Misogyny is as irrational as racism and homophobia, so reasoning with misogynists is like reasoning with a horse.

Various cases argued in the 1990s helped to reduce the incidence of women being disadvantaged in the workplace because of maternity. Recently, employers have been able to turn the clock back, and maternity related disadvantage is on the rise. It is harder to obtain a remedy for this, because of changes to the tribunal system that apply across the board, regardless of gender, and which have reduced employment protection generally.

Webb v EMO Air Cargo was a bad luck result for the employer, given its particular facts (maternity leave replacement herself becomes pregnant), but the principle that it establishes seems to me sound, and most cases do not have the unlucky facts of Webb.

Actus Reus

Original Poster:

4,234 posts

156 months

Tuesday 13th October 2015
quotequote all
On a general note I'd add that 'going legal' is stressful if you're not used to it. And potentially very expensive too - the further one goes down this path the more likely it is that you will need to take advice and even decidedly average advice is expensive; £200+vat an hour for an associate at a provincial firm, right up to North of £600+vat for City firm partners.

And that's why I have been so grateful to PH for the advice given freely - and that's also why it is such a shame that the genuinely knowledgable posters feel less and less like posting in this part of the forum.

moorx

3,516 posts

115 months

Tuesday 13th October 2015
quotequote all
Breadvan72 said:
Yawn.... not biting. Misogyny is as irrational as racism and homophobia, so reasoning with misogynists is like reasoning with a horse.
That's an insult to horses.

anonymous-user

55 months

Tuesday 13th October 2015
quotequote all
Fair point, I apologise to all my toothy equine chums.

IanA2

2,763 posts

163 months

Tuesday 13th October 2015
quotequote all
Breadvan72 said:
Yawn.... not biting. Misogyny is as irrational as racism and homophobia, so reasoning with misogynists is like reasoning with a horse.

Various cases argued in the 1990s helped to reduce the incidence of women being disadvantaged in the workplace because of maternity. Recently, employers have been able to turn the clock back, and maternity related disadvantage is on the rise. It is harder to obtain a remedy for this, because of changes to the tribunal system that apply across the board, regardless of gender, and which have reduced employment protection generally.

Webb v EMO Air Cargo was a bad luck result for the employer, given its particular facts (maternity leave replacement herself becomes pregnant), but the principle that it establishes seems to me sound, and most cases do not have the unlucky facts of Webb.

Carefully chosen words, and rightly so as we know women still face considerable hurdles in the workplace.

Actus Reus

Original Poster:

4,234 posts

156 months

Tuesday 13th October 2015
quotequote all
Indeed - a couple of those hurdles have posted on this thread.

RobinOakapple

2,802 posts

113 months

Wednesday 14th October 2015
quotequote all
IanA2 said:

Carefully chosen words, and rightly so as we know women still face considerable hurdles in the workplace.
Anything in particular?

anonymous-user

55 months

Wednesday 14th October 2015
quotequote all
Assuming that you are not trolling, obstacles include disadvantanges arising from maternity, and also glass ceilings, still found in many sectors. Add to this attitudes that judge women workers by reference to looks, clothing and so on.

I have an old school friend who has been UK Ambassador to important nations, including Afghanistan. She is a Fellow of an Oxford College. She is currently working as the political adviser to a NATO General engaged in a big wargame. She has been mistaken for the note taker by several uniformed and civilian men, repeatedly, at meetings during the last week or so. She has been asked to fetch the tea by junior and mid ranking officers and civilian staffers.

RobinOakapple

2,802 posts

113 months

Wednesday 14th October 2015
quotequote all
Assuming that you are not trolling, maternity disadvantages have already been factored in, in the point I was replying too.

As for being treated like a note taker etc, that might be irritating but in no way affects opportunities for advancement.


PurpleMoonlight

22,362 posts

158 months

Wednesday 14th October 2015
quotequote all
Breadvan72 said:
Assuming that you are not trolling, obstacles include disadvantanges arising from maternity, and also glass ceilings, still found in many sectors. Add to this attitudes that judge women workers by reference to looks, clothing and so on.
Anyone who spends a significant proportion of their career out of the workplace is going to be at a disadvantage against someone who has not.

I don't buy the glass ceiling argument. The best person for the job should get it. To have criteria that require a certain percentage of a gender in a particular role by definition discriminates against the other gender.

And as for attitudes, women themselves are the first to judge other women by looks, clothing, etc. Men just picture them naked ....

anonymous-user

55 months

Wednesday 14th October 2015
quotequote all
RobinOakapple said:
Assuming that you are not trolling, maternity disadvantages have already been factored in, in the point I was replying too.

As for being treated like a note taker etc, that might be irritating but in no way affects opportunities for advancement.
There are none so blind as those who will not see.