Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Let me get my response ready please, I just need to type it all up
do you need any other details?
No, thank you
You will have certain rights in terms of protection from discrimination based on maternity leave or pregnancy and the employer should not treat you detrimentally because you were either pregnant or on maternity leave. the usual issues with that are that the employer does not offer any promotion opportunities to employees on ML, because they are not in the office, but in your case this was not the issue and it appears the main problem is that they believed you performed badly due to the time you had been away from work. Because the reason you were away was due to your ML, the employer should have taken that into consideration and perhaps adjusted the scoring in the interview to reflect that. If they did not and took your performance at face value then it could be indirect discrimination on grounds of maternity because the employer applied a provision, criterion or practice which placed you at a disadvantage when compared to those not on ML. So the key is that they should have made allowances for your performance and the fact it may have been slightly below your normal performance because you were away on ML. It is on those grounds that a complaint can be made to HR, either informaly or through the formal grievance procedure.
I see, is there any way I could prove this?
or what would I need to prove it?
tha internal procedures mention that interviews sheets should be kept but they make those as well
proving it directly would be difficult but you need to use the feedback which you were given where they have already informed you that they did not believe you performed well because you were away from work and obviously the reason you were off was your ML. The next step is to ask them directly if allowances were made for the fact you were away and for them to justify this was the case if they said they did
and also, in case I am right what can I earn from doing it?
well there are a couple of options - if the employer agrees with your complaint they can decide to introduce certain changes, such as offering you a suitable alternative promotion. If they refuse to do anything or reject your complaint then all you can do is to take the natter to the employment tribunal and seek compensation for discrimination
I see, what would you advice? could ot be enough to make them agree, it is a big company and they keep promoting fairness and no discrimination.
and should I try to talk to my managers first before going to HR for advice?
There is no right/wrong way to go about this because it often depends on the employer and how they deal with it so that is impossible to predict. No harm in discussing this informally with the manager first before making a formal complaint and you may get their opinion n what they believe you should do as they will know the employer well and how they may react
is there anything else I would need to know if I go on with it or what to expect?
you should not be penalised in any way for making this complaint because it would otherwise amount to victimisation so in that sense you should not be worried about pursuing this further
do you have any links or any doocumentation where I can see the law about this, like the paragraph or somethins
I tried to find something online but your ways are to complicated for me :)
Well the law that deals with this is the Equality Act 2010:http://www.legislation.gov.uk/ukpga/2010/15/contentsIt is a long piece of law though so don't get too lost in it. All you need to know is that gender/sex is a protected characteristic (includes maternity/pregnancy if you are a woman) and you should not be treated detrimentally because of it.
okay, thanks a lot for your help.
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help: