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    Default Have I been discriminated out of my job?

    In April 2012 I came back from maternity leave to a flexible work agreement (a part-time continuos of my current full-time role) they also kept on the person covering my maternity leave (she was still full-time and I was part-time.) the difference i had to change my title (that of a lower) and I had less tasks / more menial work whether she continued my normal full-time duties. I was excluded from meetings, my performance review (therefore had no time to discuss my lack of work to do situation) and social events(i remember one particular day everyone going out for lunch but when i asked where people were going they would subsequently ignore me, i was left in an empty office. when the office returned i was told i was not included as I was part-time / flexible work agreement which upset me greatly) During the time I was indirectly discriminated out of my original permanent full-time job and made to feel it was no longer available to me as she recently the person covering maternity leave had a contract extended & and she went on annual leave recently however management had someone in an outside role cover her while she was away & I continued other duties and asking people if I could have work to do to fill my hours. I was offered a different job but it was not related to my original position in no way (original job was department coordination - where originally i was promised by management it was flexible family work / life balance before I went on maternity leave). This role offered no flexibility, undetermined hours - working in technical support under a critical high pressure broadcast environment. the perception I received was that the underlying motivation of management was to offer a position I would not be able to take on long-term or at all at the moment in the hope I would decline and leave. I asked for flexibility or to continue my flexible work agreement for a few more months while I sought more help with parenting / caring responsibilities (had a baby in and out of tressillian) as 3 days was my limit while needing help but it was declined. Finally I ended up in a meeting where I had to take the role on as it were or leave as what I was doing now was a waste of resources. (and there were no other opportunities given to me.) In haste and feeling completely dejected, I congratulated management on retaining the person covering my leave and said she must have some amazing talents and I was obviously not suitable for my own role back. after the hours I put into the company in the previous years it felt like the worst feeling in the world. Feeling there were no other options I played the game where I gave intent for a week to sign the new contract so at least I'd have an income coming in to support DD while I secured a new job (I did secure employment of a lower paying role with less duties) and when I was given an offer outside the company .I resigned from my job and said even though I don't want to leave and I have to I'm going to another job. Instead of giving 4 weeks notice management had me finish up in 4 days.This afternoon I found out from a source at the moment they were waiting until I resigned so they could offer the girl a full-time position (they couldn't while I was there, however continued to extended her temporary contract) they didn't offer me redundancy as my job was never absorbed or no longer available - there was just another person there doing my job that they preferred because she didn't have the situation where she just had a baby.Yes it might seem perhaps this girl's performance is better than mine, however in my exit meeting with HR, though I felt I could not tell them the entire story of what happened - i did stress I didn't want to leave the company. they have told me that because I have given a few good years of service & there were no problems with my performance, I could apply to management to rescind my resignation and come back on part-time for a month before starting this new role within the company. The question I asked to management if I were to rescind my notice is that COULD we talk about any type of flexible or support for me taking on this new role however I was directly told because I was looking for flexibility there role is now longer available to me anyway - the time has now passed and wished me all the best on my future endeavours. As per HRs request I did send a letter via email rescinding my resignation in the hope HR could help my case however at the digression of management I never got a reply or confirmation and my last day came and went so I'm assuming I don't work there anymore.I want to take this further - is there anything I can do? I feel like having a baby and a flexible work agreement wrecked my career at the company and surely this isn't right?
    Last edited by alufolie; 25-12-2012 at 04:19.

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    Default Re: Have I been discriminated out of my job?

    I don't know much about these things, but if the job you were coming back to was the one with flexibility as originally planned and he has since said your role is no longer needed, wouldn't that mean he would have to make you redundant? And pay you out?

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    Default Re: Have I been discriminated out of my job?

    Are you a member of a Union? Btw, what industry are you in?


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    Default Have I been discriminated out of my job?

    So she ended up getting the role you were offered/started into just before mat leave? That's discrimination. If you hadn't started the role and you came back into a different role then the role ended then you would be made redundant and should have a pay out.

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    Default Have I been discriminated out of my job?

    Your post is a bit confusing... Was the new role you started before mat leave a permanent role?

    ETA: what did HR advise you?

    Also what do you mean by when you say your flexible work arrangement was the limit of your ability?

    I do have some thoughts but want to clarify these things first.

    Also, you need to remember that not all jobs can be done flexibly (part-time). If this is genuinely the case then its not discrimination. The problem is its bit always genuinely the case and employers just want to take the "easy" road.
    Last edited by kw123; 22-12-2012 at 18:23.

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    Albert01
    I work in the media, specifically broadcasting. I'm not a member of a union.

    αληθη

    Correct, after I signed the contract and left on maternity leave - when I came back as I was on a flexible work agreement (unable to come back full-time straight away as I was still trying to breastfeed and PND) she firstly subsequently had her contract extended to June 2013 then I heard indirectly through another manager in the company she'd been brought on permanently as they didn't want to lose her.

    kw123

    Apologies for the confusion - Yes the contract of the new job I signed before leaving to go on maternity leave was permanent full-time - so I was still a permanent employee.



    Definitely not sure of redundancy there was no mention of a payout :\ Just if I wasn't able to take on this new position right now there were no other options but for me to quit according to my manager
    Last edited by alufolie; 22-12-2012 at 18:23.

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    Default Have I been discriminated out of my job?

    Pretty sure 'making you quit' because your job is ended is redundancy.
    I think talk to a union and see what they say

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    Default Have I been discriminated out of my job?

    Ok so it was a permanent full-time role you started before mat leave, which your boss indicated to you could be done flexibly? Do you have this in writing?

    What is your flexible arrangement and was it meant to be permanent or for a fixed period, with a view to returning to full-time in future?

    You said you were performing tasks below your abilities when you returned? Are these tasks different to the ones you were doing just before you started your leave, or are you saying they have changed since you went part-time?

    Also, what is your aim? Do you want your job back (the one you were doing part-time)? Or do you want to keep your new job and just make a complaint?

    Lots of questions sorry!

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    Default Have I been discriminated out of my job?

    Also what do you mean when you mentioned your boss had finished "materialising" a new role for you. It sounds like something you may have discussed previously with him?

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    Lots of questions are fine - thank you for listening and your feedback I appreciate it


    - Yes - Flexibility for the original position meant yes it was still 38 hours per week but no on-call as I used to have to at tend to problems around the clock i.e. go into work at 3am and strictly 9-5 in the office so I had time to drop off and pick up DS from daycare. I don't know if I have a defence but I don't have a partner or a husband to help with daycare duties.


    - When I came back to work my flexible work agreement was not specified with a fixed term or end date. In the contract it depicts that is a continuance of my current permanent role with pro-rata hours and pay conditions. Yes, I was given tasks different of the original tasks I was performing before I left for Maternity Leave as the girl doing my maternity leave cover performed all my duties.


    - Yes I discussed the role twice with my manager. Firstly at the time I found out the girl had her contract extended - my manager said he was going to come up with a job for me to do. Then a few weeks ago he told me of this new job and the conditions (which were not something that I could actually take on.)


    I really want to stay within the company - I love it there and would like the original role promised because that's what I wanted to do before I left for maternity leave, however there's not much I can do about it now as I resigned (however HR has said I can revoke my resignation) and I feel if I disputed to stay it would make my relationship with my manager very volatile and uncomfortable as he just wants me out of the company so he can obviously hire someone that doesn't have dependants to care for.


 

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