Pregnancy punishment
Question
I'm about to return to work after being on maternity leave. I was a full-time team leader, but I've been told if I return part-time, I'll have to take a salary cut and no longer be a team leader. My boss has told me team leaders must be full-time, which isn't possible for me at the moment. Are they allowed to do this?
Answer
On returning to work after ordinary maternity leave you have the right to return to the job you were doing before you left. If your employer allows you to return, but to a job with different terms and conditions, this may constitute a dismissal or detriment and could be considered to be sex discrimination.
You have the right to ask more family-friendly hours and this request must be treated seriously. If you go back to work part-time, your terms and conditions of employment should not be changed without your agreement. If your request for a more flexible working pattern is refused or your terms of employment are changed, you may also have a claim for indirect sex discrimination.
This claim would be made under section one of the Sex Discrimination Act 1975. This says that an employer will have committed an act of unlawful sex discrimination if:
- A particular employment practice affects women unfavourably compared to how it affects men, for example, a requirement to work full time; and
- The employer cannot show that the particular employment practice is necessary and appropriate to the effective achievement of the objectives of the business (that is, the employer cannot justify a refusal); and
- A particular woman suffers a detriment as a result (that is, she cannot work the hours required of her).
If an employer refuses, after negotiation, to allow you to return to the same job part-time, or to work other child-friendly hours, you can complain to an employment tribunal. There isn't a minimum length of time you must have been working to make a sex discrimination claim, but you must make the claim within three months of the employer's decision to change your job.
It's likely you'll need assistance from a specialist and it would be useful to discuss the case with the Equal Opportunities Commission and with the Maternity Alliance. You may also want to contact Acas, the organisation that specialise in work place arbitration, to see how they can assist you in discussions with your employer about the proposed new working arrangement. Additional advice can be found through the Employment Tribunal Service and your local Citizens Advice Bureau (CAB).
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