Maternity Discrimination, Harassment and Constructive Dismissal

[crd1993]

Do I have the right to take action against my employer? Do I have a viable claim?


What I think constitutes Maternity Discrimination that I have experienced:

1. No means of contact or frequency of contact agreed prior to maternity leave
2. No offer of KIT days during ML
3. No update on a HUGE restructure in the workplace/ new managers whilst on ML
4. No contact with details of promotion opportunities within my team whilst on ML

What I think constitutes Harassment/bullying during my pregnancy when at work:

1. Being called "fatty" on a daily basis
2. Comments made on the size on my bump daily "OMG you're so huge", "are you sure you arent having twins"
3. Comments made regarding the size of my breasts infront of a large team
4. All of the above caused me to go off sick with anxiety/ created a toxic work environment to which I do NOT want to return to for fear of having my post partum body scrutinized by colleagues
5. Suggestions from my manager that I was not actually sick (I was signed off by my doctor and being seen by the Peri-natal mental health team) and that I was being strategic

Generally I do not want to return to this workplace because I know they have been bitching about me and will make me feel very unwelcome if i chose to return.

[ULA]

Hi sorry not to have responded sooner.

In regard to the first section of your post then good practice is that whilst on maternity leave you should be kept up to date with anything that is happening within the workplace. This should usually includes things like:

* promotion opportunities,
* changes at work e.g. as per your post a restructuring,
* social events.

How you were to be kept up to date should have been agreed with your employer before your maternity leave began.

In regard to KIT days these are optional days which can be worked in order for an employee to remain in contact with their workplace. There is actually no obligation on an employer to offer KIT days or for an employee to agree to them if they are offered.

In order to try and resolve the situation I would suggest that you contact your manager/HR to informally discuss the provision of you being kept up to date with what is going on. Maybe even suggest that as there seems to be a major restructuring that a KIT day may be in order.

In regard to the second part of your post how long ago did these instances happen? Did you raise them with either a senior manager or HR as either an informal or formal grievance? If so, what was the outcome? If not, what were your reasons for not raising them as issues at the time?

[crd1993]

In regard to the first section of your post then good practice is that whilst on maternity leave you should be kept up to date with anything that is happening within the workplace. This should usually includes things like:

* promotion opportunities,
* changes at work e.g. as per your post a restructuring,
* social events.

How you were to be kept up to date should have been agreed with your employer before your maternity leave began.

*** I was off sick for a period before my maternity leave started with anxiety- I have a history of mental health issues, was experiencing family problems and I felt so super uncomfortable at work because of the comments and bitchiness. Nothing was agreed prior to me getting signed off, nothing was communicated to me (via email, phone call anything) and I was not well enough to chase this myself at the time. Neither my line manager or HR reached out to me.

I thought it was the law rather than good practice to keep me up to date with promotion opportunities and certain changes? I might have misunderstood that. ***

In regard to KIT days these are optional days which can be worked in order for an employee to remain in contact with their workplace. There is actually no obligation on an employer to offer KIT days or for an employee to agree to them if they are offered.

In order to try and resolve the situation I would suggest that you contact your manager/HR to informally discuss the provision of you being kept up to date with what is going on. Maybe even suggest that as there seems to be a major restructuring that a KIT day may be in order.

In regard to the second part of your post how long ago did these instances happen? Did you raise them with either a senior manager or HR as either an informal or formal grievance? If so, what was the outcome? If not, what were your reasons for not raising them as issues at the time?

They were happening from about February up until I was signed off sick in April, so quite a while. I have been receiving treatment for my anxiety and finally feel in a place where I can address what happened. Im now medicated, getting counselling and have been under the perinatal mental health team. At the time, I was too scared and anxious to say anything due to the fear of ramification from the team (they have all worked together for decades and make it very very difficult to stand up to the bitching etc). I do have messages with time stamps that I sent to my mum and sister talking about the incidents and how they made me feel at the time. I do regret not saying anything as it really was upsetting me. There were a few occasions that I went home on my lunch break to get changed and twice I spent lunch break crying in a clothing store changing room because I couldn't find anything to make my bump or boobs look smaller after personal comments being made.

I have been to see HR and they are investigating, but I feel like its likely to get swept under the rug. I have firmly decided that I'm not going to be returning to that toxic environment and I told HR this (only verbally) so I feel like the people involved wont change and this treatment might happen to someone else. This means that I'm now going to have to pay back the OMP I have been getting- which I don't think is fair considering the way I was treated and its their fault I feel unable to return.

[ULA]

Sorry to hear that even though you went off sick before your mat leave started your employer did not at least contact you by email or letter to set out how they were going to keep in touch with you whilst you were away. Even if you had been off and there had not been time to make the arrangements "in person" it does not excuse that there alternative ways of agreeing this with you once you had left.

I appreciate that in situations like this it is not always easy to deal with things at the time by for example raising a grievance (informally first and then formally if nothing gets resolved). It sounds like you have at least managed to raise this now with HR, if so was this on a more informal basis because if so and there is no satisfactory resolution then you can escalate it to a formal grievance.

In regard to your OMP which I presume means you are being paid more than statutory maternity pay (SMP), was it specifically stated in your maternity policy or agreed with you in advance of you going on mat leave that it would need to be repaid. If so then if you did not return to work you would only have to pay back the contractual extra not the SMP part of the pay.