Your right to go for promotion whilst on maternity leave???

Hi, since I've been on maternity leave someone within the same department as me as been promoted to Team Leader. I have been in the department the longest (7 years) and thought even if on maternity leave should be told if there is any chance of going for promotions. I've tried phoning solicitors but without the ??75+ consulation fee I'm not getting anywhere. Anyone know anything? Thanks

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  • Hi Mazza

    The swines! Yes while your on maternity leave you are allowed to apply for promotion and you should have been informed. Are you in the normal maternity leave or additional maternity leave?. How do you apply for internal jobs in your Company for example is it your responsibility to look on the company website for example if so they could use that in their defence. You need to raise a grievance as per your organisations policy before you can take it to employment tribunal for compensation. I would ask your HR Manager what the policy is for those on maternity applying for promotion then take the grievance from there.

    Keep me posted. That will be 75 pounds please.
  • That's out of order, they can't treat you any differently cause you are on mat leave. As Bristol said, you need to begin a formal grievance with your HR department, if you don't get any joy with them then try and get to the Citizens Advice and they will give you advice for free!!! They also have a good website (can't remember it sorry, but will come up on goggle) also you will be able to get advice from ACAS (I think there webiste is www.acas.org.uk) let us know how you get on.xx
  • I've checked this out further and an employer is required under the implied duty of trust and confidence to provide absent employees with certain details eg promotion opportunites case law (Visa international service assisciate v Paul 2004) It stated that

    1. an employer who fails to notify an employee who is on maternity leave of matters which might be relevant to advancement of her career may be guilty of unlawful sex discrimination and the failure may also amount to a breach of the implied term of trust and confidence, entitling her to resign and claim constructive dismissal .
    2. an employee who wins claim for both unfair dismissal and sex discrimination in the same case is entitled to unfair dismissal basic award in addition to any compensation payable for the discrimination.

    Hope this helps.
  • Are you part of a union in your company? Always worth a try as they can prove mighty in these circumstances. You can even join one now and they'll work for you and they're dirt cheap. I pay ??3 a month into my union!!
  • Thanks for all your advice. I'm a bit scared to be honest as I am due to tell them by the end of this week if I intend to go back to work, originally I wasn't but it now looks like I am going to have to go back. Not looking forward to an atmosphere!! Bristol, do you know if I resign on the grounds you have mentioned, if I do have to get solicitors involved (I am assuming you do).
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