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Work being shits AGAIN
Former Member
Posts: 1,876,323 The Mix Honorary Guru
in Work & Study
For background, in case you didn't know, I am pregnant and due to start my maternity leave in 2 months.
I found out today that my job has been advertised, but not as maternity cover, just as a normal, permanent, full time position. For a start, I'm pretty sure they aren't allowed to do this.
The other person in my department is currently working her notice, and although she is technically my superior, in reality we actually do exactly the same thing, and she has always treated me as an equal. Anyway, I also found out that her job is being advertised at the same time. It was not advertised internally, I was never even told, let alone offered the chance to apply. When I was tipped off, I told my boss I wanted to be considered for the job, and he said 'you can't apply, you're leaving!'. :chin:
I would say I'm the best person for the role, considering I've been DOING IT very successfully for 3 years. Can they turn me down on the basis of me going on leave? I'm pretty sure that's sex discrimination.
Where is the best place to get further advice on this?
I found out today that my job has been advertised, but not as maternity cover, just as a normal, permanent, full time position. For a start, I'm pretty sure they aren't allowed to do this.
The other person in my department is currently working her notice, and although she is technically my superior, in reality we actually do exactly the same thing, and she has always treated me as an equal. Anyway, I also found out that her job is being advertised at the same time. It was not advertised internally, I was never even told, let alone offered the chance to apply. When I was tipped off, I told my boss I wanted to be considered for the job, and he said 'you can't apply, you're leaving!'. :chin:
I would say I'm the best person for the role, considering I've been DOING IT very successfully for 3 years. Can they turn me down on the basis of me going on leave? I'm pretty sure that's sex discrimination.
Where is the best place to get further advice on this?
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It makes me :mad: Did you ever try to take it further?
I did, and he said that they think the department needs 3 people (it doesn't - we barely had enough for the two of us to do). Plus if this is the case, how come they haven't advertised for 2 full time staff and 1 maternity cover as well?
I had a word with HR (one of them was the one that tipped me off) and they said that I should just apply for the senior role and they would 'strongly advise' my boss to give it to me. But he just drives me insane, cause he thinks he's above the rules and can just do what he wants.
Are you in a union? I'm guessing probably not. ACAS might be worth a try.
Well, I had problems in the past because they used to make comments about us being useless cause it was just a matter of time before we got married and had babies. And they once said they'd never recruit a woman of childbearing age into a managerial position cause then she'd just leave to have a baby. Hello dark ages :thumb:
He shouldn't assume I'm leaving for good, cause I told him already I'm not! Shitbag.
According to what I've read, they are not obliged to give me the position, but they are not legally allowed to discriminate against me on the basis of my pregnancy OR my impending leave.
I'm not in a union and our contracts actually forbid us from joining one (which I'm not sure they can do, tbh).
I'm definitely going to make a few enquiries, though. Got Thursday off, so will do some digging then.
I'm not sure about that either. Let us know what your digging brings up.
They can get cover for the time I'm off.
What about when I get back? Why some some shrivelling newbie try to tell me how I should do the job I've been doing very successfully for years just because I dared to go off and bring a life into the world?
Well I will be living off the state for 9 months anyway, on my measly statutory maternity pay - thank you taxpayer!
from my own ignorent and naive perspective even i can see that they are being knobs.
I know, right? Maybe they should be allowed to install oestrogen detectors at the door just in case we try to sneak in in drag, Shakespeare in Love style?
Thanks, lovely
If it all gets too annoying, I may feel a bit of pregnancy-related sick leave coming on while I try and figure out the best way of proceeding
- you can contact the HM Revenue and Customs employees enquiry line on 0845 302 1479 for advice
ACAS would definitely also be an option for advice.
http://www.direct.gov.uk/en/Dl1/Directories/DG_10010857
Aye, be careful though. Some contracts say if you take more than a certain number of sick days, you are deemed to have started your maternity leave.
Basically it looks like they're totally out of order advertising my job as full time, and they haven't got a leg to stand on there. With the other job situation, it's less clear cut, but essentially since I've been actually doing the job for 3 years, if they do employ someone else above me, they would need them to be more suitable for the job - which clearly wouldn't be that easy. Unless they have shitloads more relevant experience, but then they'd be shooting themselves in the foot cause they'd have to pay them a lot more that they'd have to pay me!
Will see how it goes on Tuesday! Thanks for all advice
Not unless you are 36+ weeks for SMP! And I'm protected against disciplinary action regarding sick days, too
I've very carefully read through my contract and all my rights. Don't want to give them any more ammunition!
They can, but they still have to offer you the same job when you return, assuming it's after your 26 week leave and you aren't taking longer.
Govt Clicky
Ahh yeah it's the final stages that applies in. My memory is so hazy these days.
You're right in general, but in this specific case it's a two person department. Only one of each position. They are advertising two full-time, permanent positions. If they are legally obliged to keep my job open, what will the person who they hire in my position do? There isn't enough work for 3 people, despite their claims.
It's true, I don't know what they're up to. But if I have the right to return to the same job, only one of those jobs exist in the company (and there is only a need for one) and it is being filled by a permanent employee, only two things can happen. Either there won't be a job for me, or they're going to need to sack the person they hired in my position. They have to assume there's a possibility I'll come back after 6 months.
It's only an issue in six months time. Right now they aren't doing anything illegal, it's only when they fail to offer you your job back that it actually becomes your legal concern. Until then they can do what they want with your replacement.
As you say, you don't know what their plans are. It might be that they surprise you.
You could, of course, be correct in your assessment. However, you do not have any rights in that regard until the end of your maternity leave. At that point, if you assessment is correct, you have them on sexual discrimination and constructive dismissal grounds. They would lose.
All you can do now is raise a concern, seek assurances (because if they sack you for that then you already have grounds for unfair dismissal) and document what you have done. That's just evidence for a case if you need it. Make sure you have copies on job adverts (including the date of the paper) as part of that evidence.