# Equality Act 2004 and being treated unfairly on return to work after maternity leave



## aisling o'b (26 Nov 2010)

Hi, 

I am happy to outline my own particular experience of returning to work only to feel that I am suffering financially and professionally as a result of having taken maternity leave. However, first, I'd be obliged if somebody could interpret this paragraph of the Equality Act 2004 for me. 

“(2A) Without prejudice to the generality of subsections (1) and (2)**, discrimination on the gender ground shall be taken to occur where, on a ground related to her pregnancy or maternity leave, a woman employee is treated, *contrary to any statutory requirement,* less favourably than another employee is, has been or would be treated.”,

_** __Subsections (1) and (2)__ refer to general discrimination without specific reference to maternity/pregnancy. _

I clearly understand subsection 2A without the bold piece "*contrary to any statutory requirement*". Does this mean, that they must be disciminating against me for having been on maternity leave *AND* also denying me a statutory right?

In other words, can they say 'you don't get access to the Chritmas Party because we sent the invitations out when you were on maternity leave. Other men and women who were here during the period you were on leave will get access to he party. The Christmas party is clearly not a statutory right so they are in their rights?

It is not a Christmas Party at stakes here obviously! 

In summary, what does the bold bit of this provision mean?

Many thanks.
Aisling


----------



## onq (28 Nov 2010)

I am only now learning tthe details of employment law so I cannot offer expert advice on this matter.

Here is a consolidated text for you - usual disclaimer, but it may help.

The Title of the section "2A" shows it has been inserted after the fact, possibly making a special case for mothers and maternity leave amongst the general Gender Ground terms

Without intended this to be any expert comment, there may be a statutory requirement NOT to emply pregnant women in certain roles or occupations due to a reasonable concern for the unborn child or the mother, for example carrying our heavy site work, or in the presence of certain animals or near people who are infectious.

I think this is what they are trying to get at with that provision.

ONQ.


----------



## Complainer (29 Nov 2010)

I don't think anyone could offer any sensible interpretation without more details, i.e. what exactly did you miss during your leave (not the Xmas party).


----------



## dereko1969 (29 Nov 2010)

What onq said, basically if there is a statutory requirement to treat pregnant women (or those returning from maternity leave) differently then that isn't a ground for discrimination.


----------



## Staples (29 Nov 2010)

It means there may be circumstances in which an employer is obliged by statute to treat a pregnant woman differently.  As Dereko has said, any such actions may not be considered grounds for discrimination.


----------



## aisling o'b (29 Nov 2010)

Thanks all for the explanation and input everybody. It makes sense to me now. 

My own situation is as follows:

I recently returned from maternity leave only to find that I am now the subject of a process to deal with poor performance. The alleged poor performance happened in a year, most of which, I was on maternity leave. I didn't get an opportunity to respond to the accusation of poor performance. I was just told that that was how the company worked. I never had a problem with performance before I went on maternity leave. Other employees in the company (both male and female) would have had their normal performance assessments and then been flagged that their performance was poor if this was the case. I didn't get this. I didn't even have any targets set unlike others that would have been around for the year. This has affected me a lot. I feel under lots of pressure because of this new status of poor performer. In addition, I lost half my bonus. If they had reduced my bonus because I was only around half the year, that would have been fine and more palatable. Reducing the bonus is even provided for in the maternity policy. But to be told that I am a poor performer and to have half my bonus cut because of this really doesn't sit very comfortable with me. I hadn't intended to pursue the bonus issue until I was told I under performed. Only being just back in work, I am reticent to even raise it formally with my employers. Any advice much appreciated.


----------



## Complainer (29 Nov 2010)

Contact the Equality Authority.


----------



## aisling o'b (29 Nov 2010)

I did complainer. The people manning the information line can really only quote the legislation and advise you of the procedure to take an action under the statutes. They can't offer an opinion on any particular situation. I was hoping for an objective opinion here. Thanks again.


----------



## Complainer (29 Nov 2010)

aisling o'b said:


> I did complainer. The people manning the information line can really only quote the legislation and advise you of the procedure to take an action under the statutes. They can't offer an opinion on any particular situation.



Sorry to hear it - I guess that's what happens you get a 43% budget cut.


----------



## aisling o'b (30 Nov 2010)

Complainer said:


> Sorry to hear it - I guess that's what happens you get a 43% budget cut.


 

Hadn't realised there had been a . I suppose one only becomes aware of a lot of these cuts when they personally affect you.


----------



## pinkyBear (30 Nov 2010)

Can I ask, is your bonus being reduced because you were on Maternity leave?? I know some multinationals do not give full bonuses if you were on ML. Or is the company documenting that you as an employee is a "poor performer" ?? I would probably seek legal advise if I were you, because you dont knoww what is going on in the background. 
I would certainly refute their claims if you feel they are trying to label you as a poor performer because you were out for 6 months, what are their ground for this, have they told you why??
P..


----------



## aisling o'b (30 Nov 2010)

There is a provision in the maternity leave policy to reduce the bonus in exceptional circumstances. However, my bonus was definitely reduced because of my alleged (and newly emerged) poor performance. I am quiet worried about it all and feel quiet isolated. I feel it's me against a large company. I have refuted their claims and asked for details of how I underperformed. They haven't been forthcoming with this and are sending me around in circles! I might take it further if I knew I had a good case. Additionaly, if they rectify the situation; say, they remove me from the poor performance process, do I still have a case against them?


----------



## Deiseblue (30 Nov 2010)

Could I suggest that you contact a solicitor specialising in employment law ?

Alternatively have you recourse to a union ?


----------



## aisling o'b (30 Nov 2010)

Thanks Desieblue. There is no union in the company. The expense of a solicitor is something I can't really afford at the moment but it may well be the way I need to go. Taking a case to the Equality Tribunal is possible without a solicitor it seems but legal representation may be more usual.


----------



## Diziet (30 Nov 2010)

I think that you need to use your company's grievance procedure first. Raise a grievance and give them a chance to correct matters. Then if it is still necessary (which sadly t may be) you can think of next steps. Needless to say, document everything.


----------

