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.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.
Thank you for your reply. I will definitely do that.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.
There’s a deadline of six MONTHS of an occurrence of an alleged breach within which a complaint should be submitted.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.
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.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!
Hi yes I have printed out emails etc as well. Thankfully I had good advice from a co workerJust 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?
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.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?
Pretty much.they’re trying to see if I will just give in
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.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.
Or in case they're deleted from the server....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?
You need to consider your preferred remedy as this will determine your best course of action.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.
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.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?
It can be but if the behaviour outlined here can be backed up, I think the OP would have a very strong caseWRC is the way to go, but the employer will have a say there too and the process can be a lottery.
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.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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