Discrimination during maternity leave

Discrimination during maternity leave

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Actus Reus

Original Poster:

4,236 posts

156 months

Wednesday 7th October 2015
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Just to finish this off, my wife's employer have offered to settle. We only have an initial offer, but we're relatively happy with it so will probably accept it or something very close to it. I shan't go into details, but thanks again to those who advised.

Actus Reus

Original Poster:

4,236 posts

156 months

Wednesday 7th October 2015
quotequote all
Sump said:
Fascinated that the OP was that desperate for some money.
Why? Do you want a loan?

Actus Reus

Original Poster:

4,236 posts

156 months

Wednesday 7th October 2015
quotequote all
Sump said:
Doubt the loan would cover a weeks wages for my butler or even chef hehe
I imagine they work for a sterling chap like you for free. Money is, afterall, so terribly awful.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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PurpleMoonlight said:
People who truly fight based on principle do so without the prospect of personal financial gain.
As a general point let's just say that this wasn't about the money - how would you prosecute a point of principle against a company with a revenue approaching £10bn - a letter of apology? A grovelling call from the MD? I'm genuinely curious how you, a sort of 21st century Arthur Birling, would have things work.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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PurpleMoonlight said:
How about you donate the money to charity?
I don't remember asking what to do with it.
I work pro bono for quite a few charities as it happens, so I'm sure some of them will benefit from this as they're all good causes. I'm sure you will cheerfully match anything I give?

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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And sorry Richie - but find me a post where I have baited anybody. I asked a legal question in the legal forum and was immediately answered by a tirade from the barrack room lawyers here, all of whom have been proven wrong by actual lawyers (and not just on the forum - my wife's employer retain a large firm who have evidently advised them to settle). I have heard people suggest I am money-grabbing, that my wife is a and much in between. I have been told the facts of the case over and over again by people who have never and will never meet me (or my wife). I have tried to answer comments relatively reasonably, especially where the questions are fair. Where I have asked people like PM questions they are avoided, because of course he has no answers and is too much of a fool to admit it.

I doubt very much I will be allowed the last word on this as the good members of PH won't let anything go, even when they have been demonstrated to be quite wrong, and out of step with English law. However, to the well-wishers thank you, to those who believe I am obsessed by money - I now have an awful lot more of it.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
Your post about the Billable Hour went South i assume - I gave to the Justgiving page and I noticed your name on the list too BV, whereas I noticed PM describing the refugees as 'leaches' over on another thread.

He of course is right, and we are, of course, quite wrong to want to help pur fellow man. Inded I have a client on deathrow for the first time (in Tehran the poor sod) - I shall forthwith send his wife an email telling her that I am withdrawing my assistance as I am only after his money. As always.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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Basically women are st.

Everybody agreed?

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
Taking the piss rather than baiting - call my wife a is on a whole other level I would suggest.

As to concluding nothing in law, true enough, it's not been tested in court, but I would suggest that the lawyers involved all agreed that my wife had a claim, both in this thread and in 'real life'. I can't be bothered to rehash the comments above, but for any employers reading, it's this simple:

If you have a member of staff on maternity leave, and a promotion opportunity opens up (that they could reasonably be expected to be interested in), then you should take steps to inform her. This will take about 5 minutes and is best done by an email or quick letter. If she applies she should be considered for the role just as she would be were she at work. Whatever you may or may not think about lifestyle choices this is the law.

That's it. It's not hard, nor onerous - large companies should set up systems for doing this, whereas smaller businesses can do it on a more ad hoc basis. QED.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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PurpleMoonlight said:
Claiming something for nothing because you can get away with it. Sounds remarkably like a whiplash claim to me.
I keep asking questions that you ignore, but I'll try again - what if somebody WAS hurt. Like genuinely hurt. Would a claim then be fair enough? Yes or no.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
Sump said:
I wouldn't be surprised if this was all part of the plan. Looking to ditch her and cheaper to pay her for this "discrimination" than make her redundant. Probably knew she would look to leave after the pay.
In a word - no.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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Apart from anything else maternity pay is usually contractual - statutory maternity pay is very low indeed.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
Indeed. And they just spend all day on car forums whingeing about how good it used to be before hatchbacks could cost £30k and have four exhaust pipes.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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  • smashes face into desk*
Yes, I can totally see that that's what he was saying. Jesus fking wept.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
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_dobbo_ said:
If you can't get it from what I wrote, then you won't get it. Sorry.

Edited by _dobbo_ on Thursday 8th October 15:38
He won't be getting it at home either if the Baroness reads his posts.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
Hol said:
Did the settlement fully reflect the fact that your wife would have 100% gotten the job, if she had NOT been on maternity and therefore able to apply for it?


If not, why does it not?
How do you mean - did it reflect it financially or reflect it by writing to my wife and saying 'yes, you'd have got the job'?

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
BaronVonVaderham said:
Quite the contrary, she's as old-fashioned as me, hence why we just got married smile

Our plan is divide and conquer.

She works currently but will be stopping soon to be a mother and raise our children whilst I remain at work and ensure we have what we need. Sounds crazy I know, but it worked for both our sets of parents and theirs too.

I remember an acquaintance of my mother once saying that the job she had only just covered the childcare but that she preferred office work to raising her children. I found that pretty sad.
On a serious note congrats - it is really great fun. And in the end that is exactly how we will be working now - but be honest, is your wife quitting now or claiming any MP first? Fair play if you turn your backs on a legal entitlement as a point of principle, but babies are awfully expensive. I was very glad of the safety net MP provided - all agreed by her employer as part of her contract. I also understand that it's expensive for a small business - difficult to legislate an exemption though and not judged to be in the common good I imagine. SMP for a woman on about £25k is only about £7k over 12 months though so it's not THAT onerous I'd suggest.

Actus Reus

Original Poster:

4,236 posts

156 months

Thursday 8th October 2015
quotequote all
Gotcha.

Hard to quantify as my wife will now leave her job as part of the settlement - we could possibly squeeze more from them, but contrary to many on here's view money was and is not really the motivating factor. It is nevertheless a decent sum of money and I think most people would consider it 'quite a lot'. Is that adequate? Dunno - it'll do me. My wife has found the whole thing quite upsetting and stressful so I'll be glad to see the end of it all.

Actus Reus

Original Poster:

4,236 posts

156 months

Friday 9th October 2015
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Of course you know better than I do what my wife's plans were.

PH - telling other people how clever you are matters.

Actus Reus

Original Poster:

4,236 posts

156 months

Friday 9th October 2015
quotequote all
Thats not really reading between the lines is it? Thats telling me that we had a made a decision when i clearly stated that we had not. Your reading of it fits your narrative though. Anyway - I asked you several questions over the last few pages. How about you have a go at answering them?