Have I been discriminated against and if yes what can I do about it?

[exiledmancityfan]

I will try and keep this short and not drip feed but if I miss something I'm sorry. I am currently on Maternity Leave and the organisation I work for has conducted a review of my department, as part of this review I was invited to an away day with the rest of the team but it was less than 6 weeks after a c-section and a readmission to hospital for bleeding so I couldn't drive. I said via email that I wanted to be involved and that I would be in the office at the end of November so I would happily speak to someone then or they could phone me to discuss my role specifically. I then get an email from the team conductng the review saying that it had been suspended whlst other budget matters (public sector) were addressed. So I left it at that. Anyway at the January I get an email from my line manager saying that he would like to arrange a time to contact me to discuss the outcome of the review so I do this and he tells me that I have been downgraded and that my job role had been deleted but that a 'suitable' alternative had been found for me and I would be flowed through to this role. I sent a response to HR during the consultation period and they failed to respond to me so I have to chase that response. The up shot of all this is we feel we have done all we can to engage you, however, they have obviously just ignored me completely. Is there anything I can do or should I just leave it?

[AuntieStella]

Even though yo did not participate in it, an extensive review is likel to have come up with new structures which do actually promote the efficient running of the business. Unless you have seen the review and can demonstrate it's a stitch up, then the cutting of some posts is reasonable (how many posts have been amended /abolished?)

In terms of notifying you of your post being made redundant, they may have got this wrong, in terms of timelines and procedures. However if they really are offering you a post at same pay and similar status, then you have ended up with what they ought to be offering you. Is the proposed new post a genuinely suitable alternative?

[exiledmancityfan]

The post they are offering me is £8k a year less that the post I am currently on and really not the same status either as I have had some big projects deleted from my role. The whole thing is just a cost saving exercise as the JD is the same as the one I was given 3 years ago when they did this last time.

[exiledmancityfan]

Should say that no actual redundencies have been made as as many posts that have been deleted have been created just at a lower grade.

[Viviennemary]

Are you in a trade union. That would be a start. It does seem as if you have not been treated very fairly. Did you have an opportunity to apply for a post at the same grade as your own. I thought these so called 'reviews' usually did this even though it might only be a tecnical exercise. It does seem really unfair.

[Viviennemary]

'technical'

[exiledmancityfan]

No I'm not in the union as I left after they didn't fight for something a few years ago and lost any teeth they may have. No posts to apply for as there is a recruitment freeze. What I really want is to be made redundent as they treated me shockingly when I was PG to the extent that I lost over 2 stone on weight whilst PG and I really don;t want to go back to them.

[flowery]

Well it doesn't sound like you were consulted with properly, no. Whether that was discrimination or not probably depends on to what extent they consulted with everyone else. If they told everyone else the review was suspended then announced to them without having started it up again that their role was deleted, then it sounds like problems all round. If everyone else was consulted properly about the proposed changes and had the chance to have a say before decisions were made about their role, then yes I'd say you were discriminated against.

If the role is £8k lower salary and lesser status then it doesn't sound like a suitable alternative so you can reject it. While on maternity leave if your role is redundant they have to offer you a suitable alternative unless there isn't one available -they can't make you compete with others, for example.

I'd say there are two concerns here, firstly the lack of fair consultation and fair procedure for the deletion of the job, which may or may not also be discrimination if this was at all related to your maternity leave. And secondly the fact that the role you are being offered is not a suitable alternative.

Do you know anything about how your colleagues have been treated during this?