Pregnant and made redundant - HELP

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] my OH believes it to be the other owner from what she can remember and he fits the age bracket he falls into according to Companies House.

She didn't get the reg number totally, but is there any harm in driving past where he lives to obtain it and check?
[MENTION=67649]matt3942[/MENTION] - when should I be sending the final letter? The previous ones were both signed for on July 1st.

[teaboy2]

Re: Pregnant and made redundant - HELP

@RJH - I can help you with this. You should consider exactly what you want to get out of this, i.e. if you want damages, how much? Perhaps @teaboy2 can help you come to an appropriate figure.
@teaboy2 - is it worth including this in the LBA, in a section marked 'Without Prejudice', or in a separate letter?

- Matt

It would help, but it would have to be a reasonable amount of compensation, as a tribunal would award compensation, which could be anything for discrimination cases where such award isn't capped, but is usually capped at £74K, or just over for general unfair dismissal - Though you wouldn't be able to claim the basic award (capped at a years pay) if you had less than 2 years service i believe. So you would have to consider the duration of employment and what would be a reasonable amount in damages, whilst also taking in to consideration the finances of the employer and what they can or can not afford to pay, just like a tribunal would have too!

It was only the other year when the NHS were ordered to pay over £4 million to a former doctor that was sexually harassed and hounded out of work - Though clearly i doubt the nursery has that kind of money and your best look at a figure of a years salary or less given the duration of time spent employed by the nursery is basically just 6 months, but also maternity pay on top!

@RJH

Whilst its clearly upsetting having someone turn up at the door like that and parking on the drive way too (as looks like he is), they certainly should not be doing that! They should be communicating in writing only and not turning up at your home at least not without first making an appointment! Though at the same time, what evidence do we have that hes the other owner? Did she get the registration number? Or recognise him as the other owner?

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION]

My OH has just text me and sent me the picture (attached) of a bloke sitting in his car outside our house reading papers - I can only assume this is the other owner as there is no other logical reason for anyone to be turning up like that at this time of day. She hasn't answered the door to him and he has now driven off.

What do I do?

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] - I will need some help to ascertain what would be realistic on that side of things. One thing is safe to say - she wouldn't like to go back to working there when fit and able again after the baby.
[MENTION=19071]teaboy2[/MENTION] any advice will be amazing.

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - I can help you with this. You should consider exactly what you want to get out of this, i.e. if you want damages, how much? Perhaps [MENTION=19071]teaboy2[/MENTION] can help you come to an appropriate figure.
[MENTION=19071]teaboy2[/MENTION] - is it worth including this in the LBA, in a section marked 'Without Prejudice', or in a separate letter?

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

The letters that were sent to the nursery and the other owner were signed for on July 1st. What date do I send the formal letter before action?
[MENTION=67649]matt3942[/MENTION] - could you provide a letter for that please?

[teaboy2]

Re: Pregnant and made redundant - HELP

I would still be very careful what you tell her though. And from the way i read the text, its difficult to determine if she meant no one else is being made redundant or if no one else was facing redundancy. It could be there was 3 in total including your OH that faced redundancy and your OH was the unfortunate one to have been selected and the other two weren't. Whether the selection process was fair is a different matter altogether!

[RJH]

Re: Pregnant and made redundant - HELP

Yes, from what I can gather she is trustworthy and the impression I got was that nobody else has been made redundant as it stands. On that point though, they have said they decided that my OH was being made redundant on 12th June, and that 2 people were in fact going, so that doesn't link up.

[teaboy2]

Re: Pregnant and made redundant - HELP

Is this other lady trustworthy, she sates nobody else has been made redundant yet but its not clear as to if she means nobody else is up for redundancy or if she just means they up for redundancy but not yet been made redundant. I would be very careful who you discuss the situation with, especially with people connected to the employer as she may be feeding information to the employer.

Give them a week or so to reply. If no reply then it be time to proceed with a formal LETTER BEFORE ACTION!

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION]

Still had no response from either owner even though I have proof they both signed for the letters the other day - how long are we to give them before doing anything else?

Also, please find an attachment which is a text message off a lady working at the nursery confirming nobody else has been made redundant yet, even though the response to the original grievance letter stated 2 people had been!

Thoughts?

[teaboy2]

Re: Pregnant and made redundant - HELP

I agree, don't speak to the other owner on the phone unless you can record the conversation, but preferably keep everything in writing only!

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - It's entirely up to you. Personally I wouldn't - I like to have everything in writing. If you have the ability to record your phone conservations you could consider that, but there may be legal implications further down the line if you wanted to use it as evidence at a tribunal.

Are you able to contact the owner by e-mail?

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] - just to keep you updated, both letters have been signed for today, 1 by each owner. My OH has just had a call from a number relating to the area of the nursery, which I assume to be the 2nd owner (the other one that wasn't aware until today). If that number calls back, do we take it? Especially considering the time of night they have called?

[teaboy2]

Re: Pregnant and made redundant - HELP

If I remember correctly it's section 56. Section 55 gives you the right to time off for ante-natal care, and section 56 gives you the right to be paid for it.

Let's cross that bridge if and when we come to it though.

- Matt

Ahh yes your right its section 56 for remuneration, sorry if caused any confusion there.

[matt3942]

Re: Pregnant and made redundant - HELP

Ok, she would have been entitled to full remuneration for the hours she wasn't at work due to attending the ante-natal appointment. So if they have only paid her 1.5hrs when you get her pay slip, then they are in breach of section 55 of the employment rights act 1996.

If I remember correctly it's section 56. Section 55 gives you the right to time off for ante-natal care, and section 56 gives you the right to be paid for it.

Let's cross that bridge if and when we come to it though.

- Matt