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Redundancy - Maternal Discrimination? MH Discrimination?

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  • Redundancy - Maternal Discrimination? MH Discrimination?

    I have been employed with my company for around 7 years, and was promoted up to 'Team leader' 3 years ago, with one member of staff reporting in to me. I had a good relationship with my Employer, but was unfortunately diagnosed with Mental Health issues which I believe were caused by workplace bullying -I took a significant period of time off work due to the illness, and have been receiving regularly prescribed medication and therapy for well over a year. I complied with all Workplace requirements throughout this time (Weekly call etc).

    When my period of illness came to a close, I returned to work for around a month before triggering Maternity leave (1st born child). I returned to work as usual once this was complete. (As a side garnish of detail, i had asked the company to keep me informed regularly of workplace developments etc, but this did not happen).

    NOTE: My department is split over 3 countries (USA, UK, India). Although the bulk of the team used to be based in the UK (Including my manager) by this point in the timeline, everybody (including my manager) is now based in India, with the exception of my Direct report, meaning we are the only two left in the UK.

    Upon my return to work, i was upset and unhappy, and to quote what i said to my Fiance ''I don't feel like a team leader anymore. Ever since i returned, i feel like my manager just ignores me. He goes to my direct report whenever he needs something, and she goes directly to him, i don't feel like i have any level of responsibility, and i'm doing the job that i used to do before i was promoted...my Manager has even asked my direct report to assign me work on a few occasions!!!''. I decided to keep my chin up and carry on with work, hoping that as i was brought up to speed, the status quo would return to normal. It didn't change over the next few months.

    Then the furlough scheme came in. And guess who was selected to go on the scheme? me....and only me! The reason they gave was that they were unable to Furlough anybody from the Indian office, which left them with us two working in the UK. Despite my direct report having significantly less 'time in service', they chose to Furlough me instead due to ''Not being up to speed due to being on Maternity leave''. (Note: I was crying on the call when I was told this, as I felt it was a significant step back due to my Mental Health issues, as i was finally getting back into the swing of work).

    I am still on Furlough, and the company has now announced it is making redundancies. It now appears the company will be looking to make me redundant, and not my direct report.

    In my view, they are discriminating based on Maternity leave - am i protected? And i don't know enough regarding MH to even suggest whether they have met their duty of care as employers, or how on earth i could evidence this at a Tribunal.

    Any help/advice would be really appreciated!
    Tags: None

  • #2
    Sorry i need to ask some further questions in order to try and help:

    1. I presume that when you were off for the significant period your company was aware of you mental health issues. Were you at any time referred to occupational health (OH)?
    2. Sorry can you just confirm that you came back from long term sick and for a month and then commenced your maternity leave?
    3. How long had you been from maternity leave before you were put on furlough?
    4. Has the company yet declared what areas of the business are at risk? Just trying to ascertain why you know you will be made redundant.

    Many thanks
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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    Comment


    • #3
      Thanks for the questions!

      1. I did get a referral to OH, and they were satisfied that i had genuine MH issues. I also have had many GP visits and a referral to iTalk.

      2. A more accurate timeline would be 6ish months of sick, 4 weeks of Annual leave, 3 weeks of 'Business as usual' at work - and then Maternity leave kicked in.

      3. Almost 3 months, and this was with the 'Reasonable adjustment' of working from home.

      4. They have not yet declared what areas are at risk, however i do feel they are looking for an opportunity to get rid of me based on my unfortunate history with them, so would like to be well prepared!

      Comment


      • #4
        The only thing that I can find is that potentially under Section 18 of the Equality Act 2010 – there is the right for a woman to make a claim to the Employment Tribunal for pregnancy and maternity discrimination if they believe that they have been subjected to unfavourable treatment because of either of the following:
        1. pregnancy
        OR
        2. because they have taken, are taking or intend to take maternity leave (“pregnancy and maternity discrimination”)
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Thank you very much So i'm satisfied that there is a legitimate case to be made under S18 - is there any right to claim for workplace bullying which may have exacerbated or triggered my MH issues?

          Comment


          • #6
            You would need your medical records and/or your Occupational Health report support this fact and that this is what caused you to be off work on long term sick. Also did you raise this as an issue at the time by way of any grievance?
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment


            • #7
              It wasn't raised as a specific grievance,but i did highlight that i felt there was an element of bullying taking place from certain members of the team

              Comment


              • #8
                Who did you raise this with and was it documented? If so do you have a copy of that document.
                If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You can’t always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment


                • #9
                  I raised it with my line manager and the Head of my department - i don't believe it was documented, but they did acknowledge it on my return to work

                  Comment


                  • #10
                    If you have the date/s when you raised it, even if not documented and when it was acknowledged on our return to work that would be good.

                    I am not sure there is much else you can do until such times as you hear anything further.
                    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                    I do my best to provide good practical advice, however I do so without liability.
                    If you have any doubts then do please seek professional legal advice.


                    You can’t always stop the waves but you can learn to surf.

                    You are braver than you believe, smarter than you think and stronger than you seem.



                    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                    Comment

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