Pregnant and made redundant - HELP

[RJH]

Re: Pregnant and made redundant - HELP

Hi All,

Just an update, I am sending the letter via the post office this afternoon, and I am asking for recorded signed-for delivery.

On the off-chance they claim they haven't received any letter, but I then have proof it was signed for on the site premises, am I right in thinking that it's then their issue as somebody there has received it?

[teaboy2]

Re: Pregnant and made redundant - HELP

@matt3942 @Amethyst @teaboy2 - thank you so much for your continued assistance right from the start. I will be getting the letter sent off recorded delivery signed-for.
If you have any other advice then I would be grateful to hear it, and I will keep you updated throughout the whole process. I'm quite looking forward to the response now.

Thinking ahead, this letter needs to be kept confidential to some extent I take it? And if someone slips out that they have been told about it, can that be classed as a breach of confidentiality?

Yes it can be considered breach of mutual trust and confidentiality - which is a contractual breach as well as general breach of confidentiality!

[RJH]

Re: Pregnant and made redundant - HELP

@matt3942 [MENTION=6]Amethyst[/MENTION] @teaboy2 - thank you so much for your continued assistance right from the start. I will be getting the letter sent off recorded delivery signed-for.
If you have any other advice then I would be grateful to hear it, and I will keep you updated throughout the whole process. I'm quite looking forward to the response now.

Thinking ahead, this letter needs to be kept confidential to some extent I take it? And if someone slips out that they have been told about it, can that be classed as a breach of confidentiality?

[Amethyst]

Re: Pregnant and made redundant - HELP

I think I'd keep it a bit more unemotional.

At the staff meeting on 18/06/2015 we were informed that the management would be reviewing the staffing levels during the week commencing 22/06/2015. However, I received notice of redundancy the following day (19/06/2015), which was dated 17/06/2015 - the day before the staff meeting. Additionally, on the 16/06/2015 ( the day before the notice of redundancy was written) I was asked by XXXXXXXXXXXXX to sign and back date a temporary contract for the period from 21/04/2015 to 21/07/2015, despite my belief that following my successful probationary period I was now on a permanent contract.

EDIT:
Actually forget that referring back to the original it is already covered

On 16/06/2015 I was coerced into signing and backdating (to 21/04/2015) a second (and temporary) contract of employment. This unilateral change fundamentally changed the terms of my employment, which I consider to be a breach of my original contract.

[teaboy2]

Re: Pregnant and made redundant - HELP

I would add the following in red to the paragrapgh below - as per what @Amethyst spotted:

At the staff meeting on 18/06/2015 we were informed that the management would be reviewing the staffing levels during the week commencing 22/06/2015. However, I received notice of redundancy the following day (19/06/2015), which was dated 17/06/2015 - the day before the staff meeting, and strangely enough the date after the date i was coerced under duress to sign and back date the temporary contract mentioned in earlier paragraph above. Which only adds to my belief that i have been selected for redundancy unfairly due to my pregnancy alone and not for any other fair or valid reasons - Perhaps the thought of saving money by not having to pay me maternity pay weighs heavily on the mind?!

The last sentence to the bit in red that i added doesn't need to be included, as its purpose is to make it clear you know what their game is. As i and i believe everyone here can see no other reason why they selected your OH above anyone else for redundancy, other than due to the fact she is pregnant and having to pay her maternity pay. Because her not being at work is a financial cost to them, where they could have someone at work instead who is at work and actually working for their wage i.e. no staff shortage, no having to pay maternity pay and additional cost of employing someone to cover your OH's maternity period! So its meant to make them realise the game is up, and if they continue down the route they are following, then as you know what they are up to it will likely cost them a small fortune! And that would be on top of the breaches of contract!

[RJH]

Re: Pregnant and made redundant - HELP

@RJH @teaboy2

Here is what I have so far. Please let me know if you think any amendments are required. Alternatively you may amend it as you see fit.

- Matt

[MENTION=67649]matt3942[/MENTION] - thank you very much. Awaiting feedback from [MENTION=19071]teaboy2[/MENTION] too

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] [MENTION=19071]teaboy2[/MENTION]

Here is what I have so far. Please let me know if you think any amendments are required. Alternatively you may amend it as you see fit.

- Matt

[matt3942]

Re: Pregnant and made redundant - HELP

Just to add to that list - the redundancy letter is dated 17th June, the day after she was coerced into signing the second contract. So in essence up until the day before she was 'fired' she was on a permanent contract following a 3 month probation period.

Very well spotted!

- Matt

[Amethyst]

Re: Pregnant and made redundant - HELP

Just to add to that list - the redundancy letter is dated 17th June, the day after she was coerced into signing the second contract. So in essence up until the day before she was 'fired' she was on a permanent contract following a 3 month probation period.

[RJH]

Re: Pregnant and made redundant - HELP

@RJH

I just need to clarify my understanding before I draft a letter:

Your OH's employment commenced on 21/01/2015? YES
Your OH understood this was a permanent position? YES
The probation review was 21/04/2015? YES
There was no indication the review was unsatisfactory? CORRECT
What date was your OH made to sign the new contract? 16/06/15
Your OH was made to backdate the new contract to 21/04/2015? YES, to prevent the management member getting in trouble
Your OH informed a manager of her pregnancy on 19/05/2015? YES
Your OH received the redundancy letter on 19/06/2015? YES
Your OH’s termination date is 21/07/2015? YES

If you can just go down the list and right 'Yes' or provide the correct information next to each question, that would be great.

- Matt

[MENTION=67649]matt3942[/MENTION] - thank you so much.

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION]

I just need to clarify my understanding before I draft a letter:

Your OH's employment commenced on 21/01/2015?
Your OH understood this was a permanent position?
The probation review was 21/04/2015?
There was no indication the review was unsatisfactory?
What date was your OH made to sign the new contract?
Your OH was made to backdate the new contract to 21/04/2015?
Your OH informed a manager of her pregnancy on 19/05/2015?
Your OH received the redundancy letter on 19/06/2015?
Your OH’s termination date is 21/07/2015?

If you can just go down the list and right 'Yes' or provide the correct information next to each question, that would be great.

- Matt

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] [MENTION=19071]teaboy2[/MENTION] - I have just seen this and will come back to you ASAP.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] thank you again for your input, it's easy to follow and understand what you put.
[MENTION=67649]matt3942[/MENTION] - if you could advise or draft a template for the letter I would be most grateful.

Also a big thank you to everyone else who has contributed so far, you are all helping!

[teaboy2]

Re: Pregnant and made redundant - HELP

Point out the facts in chronological order per incident. Then point out that they can not changed what is a Permanent Contract of continuous employment into a fixed term temporary contract, as doing so is unlawful termination of the original contract therefore any dismissal would be deemed unfair (including redundancy). Also state that if the temporary contract was enforce then they would not need to make her redundant, so their actions are not only unfair but confusing to the point of being a completely negligent and shambolic! State you believe the unfair treatment is either a direct or indirect result of them becoming aware your OH is pregnant and therefore may amount to sexual discrimination, and as such, there is no qualifying period to bring said discrimination claims to tribunal.

Also wait for @matt3942 as hes very good with drafting letters plus he may have things to add too!

Ohh and it be a grievance letter not an appeal letter as your not appealing against dismissal or disciplinary outcome, but raising a formal grievance over their handling of this and the subsequent unfair treatment as a result of their actions in handling this. Also reference how the advert for the vacancy was permanent etc and at no point was you OH told otherwise prior to accepting the vacancy.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] sorry, so you did!

I'm just about to write an appeal letter, how am I best to approach this?