Progression Opportunities while on Maternity

[Guest]

I have worked for the NHS for 7 years in the same position. I have applied for 2 (progression) promotion opportunities in my department before going on maternity and I wasn't successful. My desire to progress is well know to management. While on maternity, another opportunity came up and everyone in the department was informed via work email. They didn't inform me about it and went on to appoint someone with half my experience within the organisation. I have engaged HR who have been evasive (not putting anything in writing). They say that it is "best practice" to inform staff who are on maternity of progression opportunities. In their opinion, I have no grounds for discrimination. I'd really appreciate some solid legal perspective. I think my conclusions are based on emotion and ignorance at the moment. Thanks. Ronnie

[ULA]

Employers should ensure that employees who are on maternity leave are not disadvantaged when it comes to having the opportunity to apply for vacancies within the organisation.

If a suitably qualified employee who is on maternity leave wishes to apply for a vacancy or promotion, they are entitled to be considered for the position even though they may not be able to start the post until their maternity leave ends.

Employees are protected from detrimental treatment or dismissal on the grounds of pregnancy or maternity leave (Employment Rights Act 1996 s99 and Maternity and Parental Leave etc Regulations 1999 reg. 19) and an example of detrimental treatment would be refusal of promotional opportunities.

What they should have done when emailing out the opportunity was to ensure that this inforamtion was notified to you either by way of a personal email address they has taken before you went on mat leave to keep in contact with our or even by letter to your home address.