Discrimination during maternity leave

Discrimination during maternity leave

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Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
voyds9 said:
I thought they had to hold open the SAME job after maternity leave, not I fancy going back a couple of days, so fit me in.
Bit of both - you can request flexible working and an employer must consider the request. They don't have to grant it though.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
surveyor said:
I'm surprised at the opportunity for people on maternity leave. I get the protection that they have at their current status, and that they should be able to resume their career as it was when they return, but as an employer if I wanted to place someone in a new position I would not be recruiting someone who is off work for another 4 months and who has not committed to returning.
I was surprised too to be honest, but that's certainly correct.

And she's on SMP.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
Well SMP now - she had OMP previously. No obligation to repay it.

And yes - they're huge. One of the reasons for working there was the assumption that she would be well treated - a change in immediate management seems to have shot that theory down unfortunately. The previous manager left and sued for sex discrimination; they settled out of court.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
mph1977 said:
anyone can apply for any role , however if they don;t hold essential qualifications they will be sifted out at recipt of the application , if they don;t hold 'essential' skills other than qualification they could also be sifted out at that point or may be sifted out when long listing or short listing ....

returning to the OP - Does his OH hoild all the esential criteria for the new role and a fair slew of the desirables? if not there 's no assumption she'd be shortlisted ...
The lady who got the the job has been with the firm longer but she has no academic qualifications. My wife has less time in the firm, but has a degree and an MBA as well as relevant experience elsewhere. I wouldn't say it was a foregone conclusion but I'd expect her to be interviewed.

The point is that she wasn't even informed and she feels she should have been. I'm trying to be as objective as possible, but I agree with her - she deserved to be at least told of the opening.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
True. Should have just PM'd Breadvan.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
Have you even read what I wrote? She intended to go back at least part time and then go from there.

Anyway, I'm off to sue somebody. I'll post photos of my new Porsche once the payout comes through.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
Nigel Worc's said:
I don't think that is true, and I think you are being unkind.

I run a business to make money for me and my family, I pay my taxes, my business pays its taxes.

If society wants all this namby pamby ste, then society can pay for it, not me directly.

Do you feel that is unreasonable ?

If women wish to be treated equally, then they can behave equally.
I presume you carried your kids for 4.5months, so as to share things equally with your wife?

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
Nigel Worc's said:
Not at all, as you know nature has decreed they do that.

I did continue working though, and enabled my wife to be warm, dry, fed, and housed whilst she raised our children, because that is my role.
To be fair, Nige, it's probably best you don't hire any women - because you are definitely going to be sued if you do.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
So looking after children is like looking after a hamster, and suing for discrimination is like standing on a swivel chair? Got it.

I wish I'd studied employment law now - the case law sounds like fking brilliant reading.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
Mandat said:
You still haven't explained how your wife was discriminated against.
I have - over and over again. You just disagree with me.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
jimmybobby said:
Well yes in fact. You and your wife refuse to accept that it was YOUR choice to have a child. You did not call the company and ask if it was OK or convenient or inconvenient for the company if your wife to got pregnant or started a family. YOUR DECISION. I dont know how to make that any clearer. As such I cannot see how you can hold the company liable or expect compensation brought about by your own actions.

The law and the weird modern ideals of fairness may be on your side but absolute common sense is not.
I'll tell you what though, some of the payouts in these cases are huge - I might be able to buy a Ferrari! FTW!

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
Mandat said:
What. That she did not know about an opportunity that she was apparently not interested in anyway?
How could she not be interested in something she didn't know about? My wife spent years obtaining an MBA - that wasn't to sit at home with baby. She'd have been very interested. Too late though - the job's gone.

See above though - a Ferrari!!!! Maybe only an F430, but that'll do. The baby won't fit though so we'll have to put him up for adoption.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
jimmybobby said:
Everyone on this thread knows that odds are if you sue you will win and you will get compensation. The law is on your side.
I really dont care if you get a payout of £1 or £1 trillion. Its a matter of principle and common sense.

Common sense says you are wrong. The law says you are right.

The law is an ass.

And I have a brand new Ferrari.

The Liberal Commie Left Wing unelected Brussels Eurocrats didn't see that coming.

Actus Reus

Original Poster:

4,236 posts

156 months

Saturday 18th July 2015
quotequote all
desolate said:
Another thread full of cry babies who want to go back to the days of the workhouse.
Aye, but at least you knew where you stood in't good ol' days. And none of them new fangled gays on't telly. Jimmy Savile was still on TV - he knew how to treat a lady.

Actus Reus

Original Poster:

4,236 posts

156 months

Sunday 19th July 2015
quotequote all
Yeah, you guys don't understand the law do you?

Actus Reus

Original Poster:

4,236 posts

156 months

Sunday 19th July 2015
quotequote all
I'm going to bed.

And then tomorrow straight to Ferrari. Night all.

(And thanks to those with something constructive to add, in particular JasandJules and Breadvan - it's appreciated.)

Actus Reus

Original Poster:

4,236 posts

156 months

Sunday 19th July 2015
quotequote all
BMW then? ;-)

Actus Reus

Original Poster:

4,236 posts

156 months

Sunday 19th July 2015
quotequote all
I have to say Breadvan, I've been mildly offended by the stupidity and misogyny of this thread until now, whereupon I have become actually offended. A sad day; I expected a bit of debate, but not quite that level of personal insult.

Actus Reus

Original Poster:

4,236 posts

156 months

Sunday 19th July 2015
quotequote all
She was never told about the job - in any way. The internal system is an intranet we cannot access from home. I can't be more clear than that - she had no way of knowing. The role was a direct promotion for her or one other colleague - that's it. My view is that she should have been mailed or called. She wasn't.

Actus Reus

Original Poster:

4,236 posts

156 months

Sunday 19th July 2015
quotequote all
That was an external candidate - only two people within the organisation would view it as a direct, one rung up, promotion.