Didn't get contract due to maternity leave- can they do this?

[doll_eyes]

Hi all,

I've recently applied and had an interview for an additional contract for extra hours at work. I applied a couple of weeks ago and HR and my manager knew I was pregnant obviously and when I am due. The contract is initially temporary until October (I'll leave for Maternity in September, but the contract will more than likely be renewed then made permanent for the successful candidate). The response I have had is that I had a great interview and unforunately due to my maternity leave I've been unsuccessful and they can't award me the hours. It actually states in the email this is the reason why I didn't get it.

Surely I should have been advised if this was the case before I even had an interview, why bother interviewing me for them then to say this? I want to know my rights just before I reply to my manager if anyone has any experience of this.

 

[mylullaby]

I'm pretty sure they're breaking the law. You're in a strong position legally if you have this in writing. I'm no expert though so in your shoes I would speak to both acas and the cab (as a matter of urgency - i.e. Before you reply to your manager) as they'll have more experience in dealing with this type of thing. Sex discrimination gives me the absolute rage, it really does. Hopefully they've shot themselves in the foot with that email. I would take legal action against them if I were you - the only way they'll learn is if they suffer financial consequences to their actions. xx

www.acas.org.uk

 

[doll_eyes]

Thanks, yes I've printed off the email and have spoken to a unison rep who wants to see the email. The rep has said they've effectively said im not getting it as im pregnant. Was only for 6 hours I've been made to wait two weeks anxiously as well to hear anything xx

 

[mylullaby]

What it boils down to is: could they treat a male counterpart in the same way? The answer is: no. So they're guilty of sex discrimination. Whether or not the other applicants are male or not is irrelevant btw.

Will the rep advise you of your options? Next steps? Might be worth talking to acas/cab too for 2nd/3rd opinions. Number of hours is also irrelevant legally speaking. Although I can imagine why you cannot be arsed with this hassle for the sake of 6 hours! xxx

PS there is no cap/limit for sex discrimination claims. The law is on your side. You need to be sure you're getting really good legal advice, so don't be fobbed off - find out where you stand and get some decent legal advice about how you go forward.

 

[doll_eyes]

Oh yep im definitely pushing it further, the union rep is a family friend and is speaking to an employment solicitor he works with tomorrow so I'll find out my options tomorrow. Glad i have it in writing. Someone also got given a position even though they're on the sick so cant fulfill the term of the contract either. Just feel very let down about the whole thing.

 

[mylullaby]

That's good that you have someone you can trust to advise you. I would feel let down too. Try not to worry too much though lovely - we all know worrying ain't good for you or baby. Be as happy as you can knowing you're taking practical steps to address this and try to ignore the emotional side (easier said than done I know). Make time for relaxing and thinking about other things - especially when you're not at work. Not long to wait to see what solicitor says xxx

 

[doll_eyes]

Oh i know, just annoyed I've waited a fortnight to hear this news. I've not even handed in my mat b form yet either! Going to take the full years maternity now though, was going to rush back expecting to have a bigger contract and more work. Xx

 

[doll_eyes]

Well my Mums friend has replied (went into work early bless him!) and it comes under Direct Discrimination specifically pregnancy discrimination as I can't be treated less favourably due to maternity leave regardless of contract length there's lots of cases to use as examples and as a big organisation my employer has really slipped up by putting it in writing as they can't deny it. Unison will represent me and take it from here, think my manager thought I'd just take her email as "Oh well what can I do that must be right" and didn't think I'd actually do anything about it. Thank you mylullaby! xx

 

[mylullaby]

Fab news. Great that you have people on your side. So what do you do next? Start legal proceedings? Compensation claim? How does it work? I take it you don't reply to your manager's email until you have a plan of action? Really pleased you've had some positive news from the solicitor xxx

 

[Mummybexee]

take them to the cleaners! i feel stress, anixety claim, lack of earnings possibly and id also push for the position despite mat leave!

ball is in your court now- they wont want court fee's given evidence is in writing. They will try to keep you happy outside of.

 

[Mummybexee]

maybe take a few weeks sick leave if you get full sick pay. as a result of stress of how your employer is discriminating against you!

 

[doll_eyes]

Well I've got to just keep quiet for now and keep a diary of any communication and print any more emails i receive. Im definitely pushing for compensation, been awful couple of days. Measuring too small so im now waiting for more scans so could do without this really. So annoying in this day and age. It was two female managers as well who decided why i wasn't suitable. Women who have worked there years who've probably faced similar discrimination. Xx

 

[mylullaby]

It's so out of order. Thankfully that's precisely why we have laws like this in place - so that action can be taken when dick heads like this think they can do whatever they like and to hell with the consequences. Unless the consequences = financial loss to them, they will just keep doing it. I always think in cases like yours that you owe it to yourself and future employees to take action. They just cannot be allowed to get away with this crap. Any additional stress puts your baby at risk. Make a note of how that makes you feel. Keep recording the emotional stuff as well as the practical stuff honey because the people on your side will take that into consideration too. This really isn't what you need right now. HOWEVER... please take comfort in the fact that you KNOW they're in the wrong, you KNOW the law is on your side, and you KNOW you can take this further. Let the legal people shoulder the burden. That's what they're paid for. Do what they tell you to and think of it as a work project or something - a process you have to go through. Make a note of any change in their behaviour towards you when they become aware of your situation honey - they'll be breaking the law if they give you shit for it. Be strong. xxx

 

[doll_eyes]

I know I think it's absolutely disgusting, the manager even implicated an hr manager in the email as well so they've created a right mess for themselves. I was at work today and they tried to tell me there will be something for me in the future, just said I'm not holding my breath and it's gone too far. Think they were just trying to keep me from taking it further. Got a meeting with my area rep a week on Monday so will find out then what my next steps are. To make it worse the lady they gave the contract for the extra hours too is on special measures at work and is appalling at her job and a bully so I have to also go in there and watch her gloat about how she got the job when I know I only didn't get it due to daring to have a baby which according to my manager is "unfortunate timing" shocking!

Anyway at least baby girl is measuring fine at the moment and above average, just have a small bump although a 3 hour wait after the scan for the doctor to sign the scan in literally five minutes didn't help my blood pressure.

 

[kumber]

Just spotting this thread, how appalling they've treated you like that! Good on you taking it further! Has there been any more news/progress?

 

[doll_eyes]

Not yet Kumber, my rep isnt about until next Monday, will keep you updated xx

 

[yellowrosa]

I work i this field and on the face of it, its discrimination. Im surprised especially if HR were involved that they were so explicit in saying that was the reason for their decision, most decent hr reps would not allow that to happen. Rather than wait for your rep i would lodge an informal grievance pronto asking for them explicitly to tell you why you did not get the job and why you being pregnant influenced their decision. The basis being you believe that their decision is discriminatory based on your gender (pregnancy). Then take it from there.

 

[yellowrosa]

maybe take a few weeks sick leave if you get full sick pay. as a result of stress of how your employer is discriminating against you!

Surely that would only be relevant if she is actually sick and genuinely stressed to the point that she cannot attend work though? No point in complicating the situation further by not being at work if she can be. Yes its an option, but I i would say remain professional, stay at work if you are well enough to do so and focus on the unfair decision rather than fabricating further injury to feeling/stress. If your sick pay runs out in the lead up to maternity leave you wouldn't be doing yourself any favours financially either.

Sorry I am all for equality and does sound like an unfair decision was made on your role/contract and you should challenge that, but feel very strongly about being going off sick when they really aren't, especially claiming mental health issues just to make money by bettering a claim. Unison will represent you well and as someone else said, once they see the complaint will probably bend over backwards to keep it out of the tribunal on the basis of Equality Act alone.

 

[Little_Pip]

I have heard of similar stories like this. From what I've heard, it seems that if you've been hired on a short term contract, it is ok not to hire someone based on this person taking maternity leave during this time- it is not considered discrimination because anyone taking leave within the contracted period would not be hired too.

 

[kumber]

Doll_eyes was there a resolution to this?