Pregnant and made redundant - HELP

[teaboy2]

Re: Pregnant and made redundant - HELP

Its hard to say at the moment how it was be seen at tribunal as it would depend on the out come of the grievance and any appeal.

They are in breach of section 8 ERA 1996 - The employer must give the employee an itemised payslip on or before the date the wages are paid! If your OH usually picked it up from the office but was not able to due to sickness, they should have posted it to her. So you need to be asking the employer where this pay slip is, pointing out they are in breach of the above legislation for failing to give her it, either by post of be delivering it themselves!

[matt3942]

Re: Pregnant and made redundant - HELP

If your OH wasn't paid for the 26th July I think this is more likely to be an oversight rather than a wilful attempt to unlawfully deduct monies.

As regards the July payslip, I wouldn't start turning to the ERA just yet. S. 8 simply says you have the right to be given a payslip - it doesn't clarify the manner in which it should be given. The likelihood is that the employer simply hasn't posted it out. I would contact them and ask for it to be posted, or arrange to collect it.

If you can then demonstrate that your OH wasn't paid for the 26th July, raise this with the employer and they will probably make arrangements to pay it.

As regards the uniform, I don't think this suggests the employer has determined the outcome of the appeal. 21 July was your OH's official last day - this won't change during the appeal process.

I would return the uniform and wait for the outcome of the appeal.

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

Its the June payslip they not been given!

And even if its an oversight, like the saying "ignorance is no defence when it comes to law" neither is negligence - The act clearly states it most be "given" on or before date your paid. Therefore its the employers responsibility to ensure an employee is given the payslip regardless as to how its given, either on or before the date an employee's paid. I know its only a minor point, but the more ammo the the better when and if this goes to tribunal!

[matt3942]

Re: Pregnant and made redundant - HELP

Its the June payslip they not been given!

And even if its an oversight, like the saying "ignorance is no defence when it comes to law" neither is negligence - The act clearly states it most be "given" on or before date your paid. Therefore its the employers responsibility to ensure an employee is given the payslip regardless as to how its given, either on or before the date an employee's paid. I know its only a minor point, but the more ammo the the better when and if this goes to tribunal!

My apologies, that was a typo - I did mean June.

I think you'd have a difficult time arguing negligence. It's so petty I don't think an ET would even take it into consideration. If the OP contacts the employer it will probably post it out. If not, then I would start quoting the ERA.

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

My apologies, that was a typo - I did mean June.

I think you'd have a difficult time arguing negligence. It's so petty I don't think an ET would even take it into consideration. If the OP contacts the employer it will probably post it out. If not, then I would start quoting the ERA.

- Matt

Am not saying we should make a claim using that as something being claimed against the employer. I'm saying it can be mentioned in particulars, summary of events etc, i.e. make ET aware of it subtly even though the ET can not decide on it since it won't be something being claimed against the employer. We don't have to claim for every single breach of legislation or regulation, only the main ones, but to include every other breach in a subtle way adds strength to the overall claim by making ET aware of it having happened, therefore demonstrating the employers ignorance/negligence of law, or willingness to act in breach of it, or even showing unreasonable behavior, without having to claim for each breach!

[RJH]

Re: Pregnant and made redundant - HELP

Re; the uniform, if I do send it back it will be sent tomorrow but I am waiting to see if you both agree on not sending it for the reasons [MENTION=19071]teaboy2[/MENTION] states or whether to just send it back. Regardless of if it's sent back, they still won't have provided the June payslip.

[teaboy2]

Re: Pregnant and made redundant - HELP

Re; the uniform, if I do send it back it will be sent tomorrow but I am waiting to see if you both agree on not sending it for the reasons @teaboy2 states or whether to just send it back. Regardless of if it's sent back, they still won't have provided the June payslip.

If she didn't pay for the uniform then send it back, but when you get the company hand book have a look and see if it says anything about cost uniform being deducted if not returned.

[RJH]

Re: Pregnant and made redundant - HELP

Totally forgot about the uniform, so i will make sure I send it tomorrow in order for them to receive it at work on the Monday.

Standard or signed-for?

[Amethyst]

Re: Pregnant and made redundant - HELP

I'd take it in and get a receipt, personally.

[RJH]

Re: Pregnant and made redundant - HELP

My OH doesn't want to deal with them, and I am out at work every day so not around to drop off within their operating hours? However, I would love to just turn up

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION] [MENTION=6]Amethyst[/MENTION]

Finally found the offer of employment letter, see attached.

- Rob

[Amethyst]

Re: Pregnant and made redundant - HELP

Nothing in there about any probationary period, not 3 months nor 6 months....also nothing on training or quals being obligatory. Well found xx

[RJH]

Re: Pregnant and made redundant - HELP

Nothing in there about any probationary period, not 3 months nor 6 months....also nothing on training or quals being obligatory. Well found xx

I take it that this will stand up well at an ET?

[teaboy2]

Re: Pregnant and made redundant - HELP

It certainly helps, though did the original contract of employment state a probationary period? Sorry so many other threads, and other things, going on its difficult to remember precisely everything that's been said previously.

[RJH]

Re: Pregnant and made redundant - HELP

No problem, the original stated continuous employment based on a satisfactory 3 month probation being completed.