Pregnant and made redundant - HELP

[RJH]

Re: Pregnant and made redundant - HELP

@teaboy2 @matt3942 @Amethyst - hoping one of you can give me some advice URGENTLY.

The nursery are claiming they haven't received their letter yet, I will check this later on the Royal Mail later on as they don't usually update it until about 2:30pm/3pm..

However, the admin girl has just called my OH and left her a VM asking her to confirm if she is attending, so telling her to call back or email back.
They have my OH's email address and I'm under the assumption that everything should be documented now, with no verbal communication? The nursery want an answer before 3pm.

Also the admin girl kept saying 'we haven't heard', 'we this and we that', so it is clearly being discussed between all of them there.

What do I do?

[teaboy2]

Re: Pregnant and made redundant - HELP

Hi both,

@teaboy2 if you could get me something together that would be great and I can get it sent on my lunch.

Also, is there any way you could put something together that my OH can take in with her, as if worst comes to worst she will be on her own and isn't confident so if she has notes and questions to ask in front of her this will help massively!

Appreciate your help so far guys!

Unfortunately i'm not going to have enough time to put together a list today as i have another case i am working on as well which is further along in the process. But all your OH has to do is stick to the facts mentioned in previous letters, ask who else was being made redundant and why she was selected and not others, ask for copy of the selection matrix/process, making it clear she feels she has been selected purely because shes pregnant just so they will then not have to pay her maternity pay. Also point out about the constant phone calls when she had called in sick, and how that amounts to harassment and unreasonable behavior as they is no need for them to call asking her to come into work etc etc, when shes already called in sick. If i recall even her doctor even said it was shocking behavior on their part!

Also, if the one taking minutes pipes up then what, as she's a contributory factory in the whole situation!

One further question - if my OH is signed off sick, would this affect her having to go into the workplace for this meeting? Can she request that somebody else comes with her as she doesn't feel comfortable with any staff member (and the lady that text she doesn't want to put in an awkward position), and that she will be intimidated with both of the owners in the room against her?

Unfortunately, whilst you can request if a person may come with you, the chances are they will only allow a work colleague of trade union member to accompany her. As by law your only entitled to a work colleague or union member to accompany you.

Best thing to do would be to secretly record the meeting on her phone if possible!

As for her friend, yes it may put her in awkward position but she doesn't have to say anything and can be there as just moral support! They can not take any action against her for accompanying your OH to the meeting.

Here's the letter.

Dear Sir/Madam

Thank you for your letter dated 3rd July 2015 sent recorded delivery and therefore not received by me till the 7th July 2015, where you have invited myself to attend a meeting with yourself and (minutes taker name here), who shall be taking minutes and not have any active involvement in the meeting.

I intend to attend the meeting on Friday 10th July at 10:30am and i would like to have (enter friends name here) accompany me in the meeting. However as your aware I'm pregnant and i have had pregnancy related illnesses recently brought on by the stress of this whole situation, including cramp and bleeding down below. Therefore if on the day i have such symptoms i shall not be able to attend as i shall have to go attend Hospital or my GP Surgery as a matter of urgency, and i shall notify you as soon as possible to do so if i have such difficulties.

My concern is that the stress of having to attend the meeting at the nursery may cause such symptoms to reoccur which is a risk to my pregnancy. Therefore i would be grateful if you would consider holding the meeting at my home instead of at the nursery. Though my Partner/Husband will be present in a supporting role and as such (enter name of friend) will not be needed to accompany me!

If you could please email me your response to (enter email address) to let me know if your willing to change the location of the meeting to my home or not. Please do not try to contact me by phone and keep all communications in writing only either by standard postal services or by email!

Yours Sincerely

Edit/delete parts in red accordingly.

As you can see in the letter where giving them the option to hold the meeting at your home in order to prevent causing your OH additional stress that may cause her stress related pregnancy issues to reoccur. Its sneaky, but if they refuse knowing that such pressure on her having to attend the meeting at the nursery would cause a risk to her pregnancy and the potential consequences for her and the baby, then it would not be seen as reasonable behavior and it would also amount to a breach of their duty of care towards your OH which is a contractual duty placed on employers! Also if they agree to have the meeting at your home, it opens the door for you to be present to support your OH during the meeting and even speak for her if its too much for her. Though if they do not agree to hold the meeting at your home, your OH will then no choice to attend the meeting at the nursery in order to show at a later date to a tribunal that she acted reasonably at all times, though off course if she does suffer any re-occurrence of symptoms you will have to inform the nursery she won't be able to attend as a result and that you'd like to rearrange the date of the meeting!

If the one taking minutes tries to get involved in the meeting in any other capacity other than that of minute taking and asking you to repeat what was said for the sake of the minutes, then your partner can object and request that the meeting be postponed to another date with another person present to take the minutes! If they refuse your partner can walk out of the meeting on the basis that she objects to the minute taker contributing to the meeting outside her/his capacity as the the minute taker.

[RJH]

Re: Pregnant and made redundant - HELP

Hi @RJH

You can request it and the employer will have to consider it. You can also request an alternative venue but again, the employer only has to consider it.

If @teaboy2 can do the letter that would be great - I'm about to be up to my ears in paperwork!

Have good days all.

- Matt

[MENTION=19071]teaboy2[/MENTION] if you are around and able to do this, could it be done for around 12 noon? I'm on lunch 12-1 so can take it to the post office then?
If not, I understand too

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION]

You can request it and the employer will have to consider it. You can also request an alternative venue but again, the employer only has to consider it.

If [MENTION=19071]teaboy2[/MENTION] can do the letter that would be great - I'm about to be up to my ears in paperwork!

Have good days all.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

Also, if the one taking minutes pipes up then what, as she's a contributory factory in the whole situation!

One further question - if my OH is signed off sick, would this affect her having to go into the workplace for this meeting? Can she request that somebody else comes with her as she doesn't feel comfortable with any staff member (and the lady that text she doesn't want to put in an awkward position), and that she will be intimidated with both of the owners in the room against her?

[RJH]

Re: Pregnant and made redundant - HELP

Hi both,

[MENTION=19071]teaboy2[/MENTION] if you could get me something together that would be great and I can get it sent on my lunch.

Also, is there any way you could put something together that my OH can take in with her, as if worst comes to worst she will be on her own and isn't confident so if she has notes and questions to ask in front of her this will help massively!

Appreciate your help so far guys!

[teaboy2]

Re: Pregnant and made redundant - HELP

Well i can do a response letter in the morning - I think maybe your OH should take her friend that texted her to the meeting since she also works there! As its certain they won't let you accompany her.

[matt3942]

Re: Pregnant and made redundant - HELP

1. Letter dated 3rd July (Friday), can clearly see from the envelope that the attempted delivery was made only yesterday (06/07/15) and was retrieved only today (7/7/15) due to my OH being out at time of delivery yesterday.
2. With regards to taking a work colleague, there is no-one suited to do that, and she isn't a member of any union - what can I/we do?
3. Can I request more time being as though they are telling us it is on Friday?
4. Do we need to attend as they haven't actually stated it is a formal grievance meeting as has been requested?
5. Why, when the one owner is one of the main reasons for this situation, is she allowed to be in there taking minutes?

Hi [MENTION=59438]RJH[/MENTION]

My answers to your questions:

1. The likelihood is that the letter was sent on 03/07/2015 or 04/07/2015. There is a tracking number on the envelope - if you look at the full tracking details on the Post Office website you will find out exactly when it was posted.
2. Your OH only has the right to be accompanied by a colleague or a TU representative unless the employer agrees otherwise, or it says so in your contract (or staff handbook). You may ask the employer to agree to your OH being accompanied by someone else but they do not have to agree.
3. Three days is more than the typical notice period; however, you may request a postponement to arrange for someone to accompany you but the request should be reasonable.
4. Yes, it doesn't need to state specifically that it's a formal grievance meeting - it does say the meeting is in response to your letters so it is implied.
5. You can make a formal objection to the co-owner being present but my understanding is the employer can reject this. As the co-owner is there only to take minutes, she should not address you.

If you want to postpone and make a request to be accompanied by someone other than a colleague or TU representative I suggest you do this ASAP and send it to be delivered the next day.

Unfortunately my time is very limited over the next few days so I don't know how helpful I can be; however, if someone drafts and uploads a response I will try to check in tomorrow and take a look.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

UPDATE [MENTION=19071]teaboy2[/MENTION] [MENTION=7458]matt[/MENTION]3924

Letter opened (see attached).

A few questions:

1. Letter dated 3rd July (Friday), can clearly see from the envelope that the attempted delivery was made only yesterday (06/07/15) and was retrieved only today (7/7/15) due to my OH being out at time of delivery yesterday.
2. With regards to taking a work colleague, there is no-one suited to do that, and she isn't a member of any union - what can I/we do?
3. Can I request more time being as though they are telling us it is on Friday?
4. Do we need to attend as they haven't actually stated it is a formal grievance meeting as has been requested?
5. Why, when the one owner is one of the main reasons for this situation, is she allowed to be in there taking minutes?

Depending on the answers to these I may have more questions (sorry!), as I am conscious of the dwindling time frame.

Thanks,

- Rob

[RJH]

Re: Pregnant and made redundant - HELP

That's fair enough I guess.
But weird if the two owners haven't spoken together and agreed what to do?

Still, he shouldn't just be turning up unannounced, could that be put forward in any ET? Obviously this depends on whether it was him to begin with in any case!

[teaboy2]

Re: Pregnant and made redundant - HELP

Sorry, to clear the confusion, I believe it was sent recorded delivery with signature required yesterday but she wasn't in, so collected it earlier.
I will open it when I get home as my OH doesn't want to read it.

This begs the question in my head of why (if this car is the other owner) did he turn up shortly after the postman would have been to deliver the letter?

Well hes not forced to have been aware of all thats happening, and maybe was wanting to discuss matter after receiving the copies of the letters. So hes not forced to have known another letter from the nursery was in the post to you.

[RJH]

Re: Pregnant and made redundant - HELP

Sorry, to clear the confusion, I believe it was sent recorded delivery with signature required yesterday but she wasn't in, so collected it earlier.
I will open it when I get home as my OH doesn't want to read it.

This begs the question in my head of why (if this car is the other owner) did he turn up shortly after the postman would have been to deliver the letter?

[teaboy2]

Re: Pregnant and made redundant - HELP

Why have you got to pick the letter up from the post office, or was there no stamp on it or not enough stamps?!

And yes it is wrong to just turn up like that!

[RJH]

Re: Pregnant and made redundant - HELP

OK, so there is a letter waiting at home for me to open (my OH doesn't want to open it), which had to be collected from the PO. I can only assume that it is a reply from one of the two owners.

I will also be going to find the car at the address later on and snap a couple of pictures, because I find it wrong that my OH has been signed off from work because of them, and they have turned up unannounced and parked right behind her car, in effect blocking it in until they left.

I will update you and attach relevant documents tonight.

[teaboy2]

Re: Pregnant and made redundant - HELP

NO harm in checking, if its the same car etc then you will know, take picture of it in his drive too so you have proof it the same make and model and the reg matches even if your OH only got partial reg!