Feeling like I was replaced by my maternity cover

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Bambi101

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Hi all, this is a long one so please bear with me.

I have been back at work about 3 weeks after being on maternity leave. When I returned I was in the other building than where I was before. My job was transport and now it’s sitting at a desk answering calls and doing “bits” that need to be done in the office (ie things that someone will eventually get around to but doesn’t have time).

Long story short the owner approached me and asked if it would suit me better to do 2 days a week instead of 3 which I replied no as I’m happy doing the 3 and doing 2 wouldn’t be worth my while. He then proceeded to ask could I not sign on. I also moved further away on mat leave and he asked was there no jobs around there which I also replied not that I’m aware of.

I then sent an email to him and my manager explaining that I feel pushed aside as I'm not in my previous role and sent a document of the WRC maternity protection and could we have a meeting to talk things through.

I got no reply but the owner cornered me on my own again. He said he didn’t know if I would return to the job, that the girl that covered my maternity is doing a great job and he thought he would have more for me to do over here. He also stated that I’m still getting paid. I told him I didn’t think this was appropriate and that we should have a meeting which he ignored. He then proceeded asking am I going to sue them. I then chased down my manager and tried talking to him. He has basically said it’s the same role as what I was doing and that they employed the girl covering before I went on mat leave wasn’t employed to cover my maternity. I pointed out that she was employed for that as I trained her in and that she had a fixed contract like everyone else and yes she could be kept on but could job share or something with me.

They aren’t budging and said they will have a meeting in another 4 weeks to see how things are going etc. that I have to bear with them as they are trying to keep everyone happy and find jobs to keep me going. I have sobbed in work and at home and feel degraded as a woman who only had a baby and was pushed aside because of it. I said if I hadn’t gone on mat leave that I would still be doing that job and I was told not necessarily.

Sorry if the post is all over the place but I’m so annoyed, upset and want to tell them to shove their job but it’s about principle now. I also have colleagues that are shocked at how I’ve been treated and have advised me to seek legal advice.
 
Bambi101 said:
Hi all, this is a long one so please bear with me.

I have been back at work about 3 weeks after being on maternity leave. When I returned I was in the other building than where I was before. My job was transport and now it’s sitting at a desk answering calls and doing “bits” that need to be done in the office (ie things that someone will eventually get around to but doesn’t have time). Long story short the owner approached me and asked if it would suit me better to do 2 days a week instead of 3 which I replied no as I’m happy doing the 3 and doing 2 wouldn’t be worth my while. He then proceeded to ask could I not sign on. I also moved further away on may leave and he asked was there no jobs around there which I also replied not that I’m aware of. I then sent an email to him and my manager explaining that I feel pushed aside as im not in my previous role and sent a document of the WRC maternity protection and could we have a meeting to talk things through. I got no reply but the owner cornered me on my own again. He said he didn’t know if I would return to the job, that the girl that covered my maternity is doing a great job and he thought he would have more for me to do over here. He also stated that I’m still getting paid. I told him I didn’t think this was appropriate and that we should have a meeting which he ignored. He then proceeded asking am I going to sue them. I then chased down my manager and tried talking to him. He has basically said it’s the same role as what I was doing and that they employed the girl covering before I went on may leave wasn’t employed to cover my maternity. I pointed out that she was employed for that as I trained her in and that she had a fixed contract like everyone else and yes she could be kept on but could job share or something with me. They aren’t budging and said they will have a meeting in another 4 weeks to see how things are going etc. that I have to bare with them as they are trying to keep everyone happy and find jobs to keep me going. I have sobbed in work and at home and feel degraded as a woman who only had a baby and was pushed aside because of it. I said if I hadn’t gone on mat leave that I would still be doing that job and I was told not necessarily. Sorry if the post is all over the place but I’m so annoyed, upset and want to tell them to shove their job but it’s about principle now. I also have colleagues that are shocked at how I’ve been treated and have advised me to seek legal advice.
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Your employer is in obvious breach of the maternity protection act. You’re entitled to return after maternity leave to the same terms and conditions you had before you left. It’s a foolish employer that would act the way you’ve described.

You should have a contract of employment. If not, that’s another breach of employment law.

A good contract should have a grievance procedure outlining how you can go about raising a complaint.

In any event, you can take a case through the WRC. The application form is available on its website and can be submitted free of charge. You don’t need legal advice or assistance to do so.

Document and record everything - the times/dates of conversations you’ve had, who said what and when etc.

The treatment you’ve described is outrageous and illegal.
 
Salvadore said:
Your employer is in obvious breach of the maternity protection act.

You should have a contract of employment. If not, that’s another breach of employment law.

A good contract should have a grievance procedure outlining how you can go about raising a complaint.

In any event, you can take a case through the WRC. The application form is available on its website and can be submitted free of charge. You don’t need legal advice or assistance to do so.
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Thank you for your reply. I will definitely do that.

They don’t have HR so I’ve had nobody to actually go to. Also in my contract it states my administration duties may change from time to time but not for definite. I have often covered in this building if someone was sick etc but that’s what I assume that means. I tried explaining that but it’s going over their heads.

The person covering is full time whereas I was job sharing before they were employed and then the person I was job sharing with left and I went full time to help out and then they employed the new person to cover etc. again thank you for your reply. I feel less like I’m being paranoid now
 
Don't worry about your post being unclear, you are clearly in an upsetting and stressful position and in any case you covered all the main issues clearly.

I think your treatment is dreadful and I am not surprised you are upset. My reading is that your employee has failed to reinstate you into your original position following your return from maternity leave. This is a clear breach of the maternity leave legislation. To address the situation you need to try and keep your understandable feelings of upset under control and a act strategically.

The first thing I would say is you need to document all interactions with your manager and the business owner.

I think seeking legal advice is a good idea or advice from your trade union if you are a member. Is there a HR department? If so request a meeting with them.

You also need to formalise your interactions with the business owner and manager and create a paper trail of proof. Email them and clearly set out the reasons for iyour opinion that you haven't been allowed to return to your original post. Request a response in writing or a meeting by a specific date. It f they don't reply follow up in writing again.

Remember you are entitled to bring a representative to any meeting - your solicitor or a work colleague. You should not deal with them alone and tell them you are not willing to. Hopefully these steps will shock them into seeing sense.

I think you should consider taking WRC action and remember there is generally a deadline for this. It is usually six weeks after the discrimation occured but a solicitor would tell you how this applies to maternity leave and you should check this. The process is very simple you just fill out a form on their website. I have attended WRC hearings several times (as an employer rep!) and it is very informal - everyone sits round a table - and in my experience the adjuticators are very supportive of complainants. You can always withdraw the action if things are resolved to your satisfaction.

Good luck!
 
Mocame said:
I think you should consider taking WRC action and remember there is generally a deadline for this. It is usually six weeks after the discrimation occured but a solicitor would tell you how this applies to maternity leave and you should check this.
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There’s a deadline of six MONTHS of an occurrence of an alleged breach within which a complaint should be submitted.

Clearly, however, the sooner it’s resolved the better for a complainant.
 
Mocame said:
Don't worry about your post being unclear, you are clearly in an upsetting and stressful position and in any case you covered all the main issues clearly.

I think your treatment is dreadful and I am not surprised you are upset. My reading is that your employee has failed to reinstate you into your original position following your return from maternity leave. This is a clear breach of the maternity leave legislation. To address the situation you need to try and keep your understandable feelings of upset under control and a act strategically.

The first thing I would say is you need to document all interactions with your manager and the business owner.

I think seeking legal advice is a good idea or advice from your trade union if you are a member. Is there a HR department? If so request a meeting with them.

You also need to formalise your interactions with the business owner and manager and create a paper trail of proof. Email them and clearly set out the reasons for iyour opinion that you haven't been allowed to return to your original post. Request a response in writing or a meeting by a specific date. It f they don't reply follow up in writing again.

Remember you are entitled to bring a representative to any meeting - your solicitor or a work colleague. You should not deal with them alone and tell them you are not willing to. Hopefully these steps will shock them into seeing sense.

I think you should consider taking WRC action and remember there is generally a deadline for this. It is usually six weeks after the discrimation occured but a solicitor would tell you how this applies to maternity leave and you should check this. The process is very simple you just fill out a form on their website. I have attended WRC hearings several times (as an employer rep!) and it is very informal - everyone sits round a table - and in my experience the adjuticators are very supportive of complainants. You can always withdraw the action if things are resolved to your satisfaction.

Good luck!
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Thank you for your reply, I have emailed them with the WRC link and they ignored it. I asked for a co worker to join me when talking to my manager as he agreed he would no problem but my manager said no.

They never respond to emails so that is making things so much harder. There is no HR so my point of contact is my manager. He’s dismissing the comments the owner said as he says he wasn’t there when they were said. I have been writing down all interactions with them also. They said I can have a meeting in 3-4 weeks to re-evaluate if I’m happy then. I clearly stated I wasn’t happy now but it was dismissed.

I nearly walked out today but I know that won’t go in my favour. I’m literally sitting there staring at a computer screen with nothing to do, it feels so degrading like I’ve been demoted. I thrived in my previous position and my manager had nothing but good things to say about my work today. But thank you. I just need to stop getting emotional about it and try be head strong. When I’m angry or frustrated I just cry ha it’s very annoying. They obviously think I will just leave it so maybe with the WRC they will take things more serious.

Thank you again.
 
Just wondering if it would be a good idea to keep hard copies of the e-mails and their receipts for same in case they deny having received them or their content?
 
Sue Ellen said:
Just wondering if it would be a good idea to keep hard copies of the e-mails and their receipts for same in case they deny having received them or their content?
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Hi yes I have printed out emails etc as well. Thankfully I had good advice from a co worker
 
Reading your situation it must be very upsetting for you. Just take some time before going to the WRC. You could be compensated instead of reinstated into your previous role. Compensation would be a max of two years salary less any social welfare benefits or salary if you took another job. As your job sharing partner has left would you be willing to return to work full time or do you want the company to employ another person to job share with you?
 
Silversurfer said:
Reading your situation it must be very upsetting for you. Just take some time before going to the WRC. You could be compensated instead of reinstated into your previous role. Compensation would be a max of two years salary less any social welfare benefits or salary if you took another job. As your job sharing partner has left would you be willing to return to work full time or do you want the company to employ another person to job share with you?
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Honestly that’s what it might come down to. They aren’t budging on it at all and I hadn’t planned on returning full time, I went full time to help them out when they were stuck but now with the distance I have to travel it honestly wouldn’t be worth my while but I would definitely job share with the person. We got on great so I don’t see the issue with why we can’t do that. I have a feeling that they may have offered her a permanent full time role at her 6 month probation meeting when I was on leave and that’s why they’re trying to see if I will just give in.
 
DannyBoyD said:
Pretty much.

is there a documented grievance procedure?

If so, follow it.

Otherwise document everything and keep hard copies.

Go to WRC for compensation & plan to find a job elsewhere.

Your employers are misogynists and thats not going to change.
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That’s pretty much it but yes there is, first step is my supervisor but she isn’t my supervisor now as she is in the other building over the department I was on, step 2 is the line manager who I have talked to but he won’t budge. Step 3 is the owner who has made it clear where I stand so I have talked to all of them about it but they aren’t complying on their side with giving written communication etc. it’s honestly just a s**t show. I already have an interview tomorrow but I just don’t want to let this go. I’ve been pushed out and I just want to make a stand now even if I end up unemployed.
 
Bambi101 said:
That’s pretty much it but yes there is, first step is my supervisor but she isn’t my supervisor now as she is in the other building over the department I was on, step 2 is the line manager who I have talked to but he won’t budge. Step 3 is the owner who has made it clear where I stand so I have talked to all of them about it but they aren’t complying on their side with giving written communication etc. it’s honestly just a s**t show. I already have an interview tomorrow but I just don’t want to let this go. I’ve been pushed out and I just want to make a stand now even if I end up unemployed.
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You need to consider your preferred remedy as this will determine your best course of action.

If you want your job back under the conditions you had before maternity, you can either threaten the WRC route or, alternatively, pursue the WRC complaint to achieve this outcome. If you suffer any subsequent adverse treatment for doing so, this would be victimisation (as defined in employment law).

If you feel that the employment relationship has been damaged to the point of no return and that you have no option but to leave, you could seek compensation under a number of employment law provisions including, but not limited to, the Unfair Dismissals Act.

Your priority therefore is to decide on your preferred outcome.
 
If your preferred outcome is actually to change employer, I would focus on that. Look for a job that suit you. Keep records, follow the grievance process and then seek compensation if needed or move on.
I know it doesn't seem fair and you might think it is a matter of principle. But you also need to look after yourself and these situations can take an awful toll on people. Stress has an impact of every aspect of one's life. That's the course my husband chose and absolutely no regrets about it. We got our life back after months of stress and sleepless nights for him
 
Yes. Stress is terrible in these circumstances. I do think that you should start trying to make your points via email to build up a paper trail. Also you should make sure that you have been very clear about what your role was and what it was now. Offen contracts are pretty vague but employers add details by agreeing them with employees. You might be someone who was previously told that you had a particular role which is now gone. Call that out. Eg: ‘in January 2021 you asked me to take on responsibilities for X, I agreed to this and that was my role when I left to go non maternity leave. My handover note clearly sets out my responsibilities at the time of the leave…’
 
There are two sides to every story and I believe every word from Bambi. I am guessing that she does not have trade union membership (probably the greatest mistake of anybody availing of Maternity Leave). WRC is the way to go, but the employer will have a say there too and the process can be a lottery. My gut feeling is that Bambi should try and negotiate an exit-deal and seek employment elsewhere or upskill in college.

When it comes to Provit -V- Loyalty, Profit usually wins.

Failing that, like everybody else seems to be saying she should record everything that is happening.
 
Sue Ellen said:
Just wondering if it would be a good idea to keep hard copies of the e-mails and their receipts for same in case they deny having received them or their content?
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You can tell from how the OP details the interactions that the manager/owner are well aware of not putting anything in paper or having witnesses to conversations.
I think that whatever about the potential push to have you leave , you should try and take control and at least look at other opportunities elsewhere.
 
Mocame said:
Remember you are entitled to bring a representative to any meeting - your solicitor or a work colleague. You should not deal with them alone and tell them you are not willing to.
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Seeking legal advice is wise alright, but note an employer is under no obligation to allow external representation in internal process meetings, and most don't.
 
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