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Legal matters

Is this sex discrimination, or should I just say nothing?

4 replies

scarlettsmummy2 · 06/10/2011 17:17

ok, so two different employment issues, both have which have really upset me, and discovered both on the same day.

  1. I am currently acting up to managers position for an employment programme and have been doing so since July. It has been going really well,i was thrown in with no handover what so ever, and no more senior help available,so director pushed me to interview for it on a perm basis, which I did. However, when I put in the application he was unaware I am pregnant, however I have since told him an attempt to be honest. I had the interview on Monday and it went really well- his words. I answered all the questions etc without issue, and apparently gave the best presentation. The next day he asked what my maternity plans were etc and what I would do if I got the job. Anyway, had meeting today- didn't get the job. Apparently pipped at the post, however he wants me to stay in post until I go on mat leave in January and train up new person- a man incidentally. He also wants me to do all the things I was marked down on against this man, i.e. funding applications, because this new manager won't have started and they have to be in this month. Anyway, I am pissed off because he told me that he had no doubt I could do the job, and I am still going to have to do the bit this man apparently was stronger at anyway, then just go away quietly in the new year. So, my question is, would I be unreasonable to refuse to do it, and say I just want to go back to my old job, and basically tell the director he should deal with it himself if he didn't want to give it to me permanently?

  2. second pissed off point.

    I am currently managing a complete useless twit and we are putting him on a work plan next week to manage out. He started just before I was promoted, however if I wasn't acting up, we would be on the same grade. I just discovered today that he is being paid 2.5k a year more than me on my old grade- despite the corporate service manager telling me that all new starts had to go in at the bottom of the scale. I have now been told, that when I go back to my old job, I have to to go back to my old salary too, at the bottom of the grade six scale. I feel this is unfair as a) i am currently doing a job 3 grades higher and being paid 8k more, b) he is completely incompetent at his job and still is being paid 2.5 k more.
    Could this be seen as sex discrimination as on paper he is in no way better qualified than me?

    My mum has suggested I step down from managers job unless they put me in at the top of the grade 6 scale when I do go back, and tell them that they should act the other useless twit up as they obviously feel he is a better candidate than me??And there is no-one else on a higher grade that could do it.

    I know I may be over-reacting, but I just feel totally taken advantage of.
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TheFidgetySheep · 06/10/2011 17:20

This reply has been deleted

Message withdrawn at poster's request.

scarlettsmummy2 · 06/10/2011 17:28

i just want to cry and feel a complete idiot. I have put my absolute heart and sole into it, went from part time to full time, and have been doing loads in the evenings to make sure we meet our funding targets, and am just gutted.

I don't want to just throw the toys out of the pram, but at the same time it is really hurtful that they just expect me to all the difficult bits of the job because their new person won't have started, and then put me down on a lower salary than someone who can't make a decision without consulting our grade three admin!! if I genuinely wasn't up to the job I would accept that, but it was the manager who pushed me to apply to begin with as he said i was doing it no problem.

He also told me that if I had of had six months more experience in the role i would have got it.

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Katastrofee · 06/10/2011 18:21

I am not at all legal, and not HR, just wanted to throw some thoughts.
You might get more luck in the employment topic as it has more traffic and moderators are HR people who are less economical with legal advice.
You might also think of taking legal advice. I think by law they must keep your current job open to you when you are on maternity live. So if you maneuver carefully with the right advice, they will have to allow you to return to your senior post. I think you need to make your pregnancy official and not accept a demotion before your maternity live. It might be very difficult for them to demote you as it will be obvious discrimination. Just hold on to your current job and don?t give up until you take legal advice.

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scarlettsmummy2 · 06/10/2011 21:22

thanks for the advice. I think I will need to take some further advice- just double checked the maternity policy as well- their policy states you get additional maternity leave based on your original contract, however, when i go on maternity leave in December I will have been acting up for 5 months, on a much larger salary, and will be working 32 hours as opposed to 24. I will be double upset if they don't give me the same weekly rate as that worked out from the statutory rate, which does reflect the managers salary.

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