For holiday that is accrued during maternity leave, this should be taken before the...read more
My partner is on maternity leave (about 16 weeks in) and her position is being made redundant. She was informed there is a role which she could apply for and be assessed on to see if she is suitable. Unaware of the law, she attended an assessment against other people who were currently in the business and not on maternity leave and scored poorly. Consequently the job was given to someone else who didn’t have the same skills, previous experience or performance record as my partner but did score well on the assessment day. Would we be right is assuming this was discriminatory?
Potentially you may have a claim. I would quickly put in a grievance about the situation and hope that it is dealt with favourably and very quickly. If it is not and the company drag their feet on a response, then you should consider putting in a tribunal claim for discrimination if you believe it was because of the pregnancy.
Within the tribunal process you can ask for disclosure of the recruitment paperwork which hopefully will prove your case. Be mindful to lodge a claim three months less one day from the date the assessment took place and definitely before 29 July this year when claimant employment tribunal fees are brought in where you will have to pay a fee to lodge your claim then another fee for a hearing.