Passed over for promotion during maternity leave – potential discrimination?
I’m currently on maternity leave and recently found out that a colleague in the same role as me has been promoted while I have not, and I’m trying to work out whether I’m overreacting or whether this raises legitimate concerns.
For context:
- I’ve worked at the firm for 5 years
- I have around 10 years’ experience overall, including 7 years in personal injury
- The colleague promoted has been at the firm for around 3 years
Progression had previously been mentioned to me in 2024, however during that period I sadly went through a pregnancy loss which resulted in me needing a few months away from work.
I raised progression again in September 2025 and prepared a document setting out the promotion criteria together with examples of how I met the requirements for the role. My manager said she did not have time to discuss it fully at that stage and wanted to arrange a further discussion. However, I then went on maternity leave in December 2025 and that follow-up discussion never happened.
Before maternity leave, I also had periods of study leave, sickness absence and annual leave which affected my chargeable hours/targets.
I was never approached about promotion opportunities or invited to discuss progression before going on leave, but have now discovered someone else in the same role has been promoted during my absence.
I’m considering raising a formal grievance because I’m concerned my maternity leave and pregnancy-related absences may have negatively impacted how I was assessed.
Has anyone dealt with something similar?
- Does this sound like potential maternity/pregnancy discrimination?
- Should employees on maternity leave still be considered for promotion opportunities?
- Has anyone had success resolving something like this through HR or a grievance process?
Would really appreciate any advice or experiences.