Pregnant and made redundant - HELP

[Amethyst]

Re: Pregnant and made redundant - HELP

The issue with the new contract - it does seem it was all agreed upon BEFORE anyone was aware she was pregnant ( ie the extension of temp contract was discussed at the review meeting in April ) which would make it difficult to say that the new temp contract was only bought in because of the pregnancy.

As she has only been there three months the only grounds would be unfair dismissal due to the pregnancy.

As it stands it is simply temporary contract not being renewed.

Safeguarding training - not an area I know anything about.

[RJH]

Re: Pregnant and made redundant - HELP

How does it stand with her not having received her safeguarding training? Can the company get into trouble for being negligent?

And also when they were advised my OH was pregnant, they should have carried out a risk assessment by law shouldn't they? This never happened?

Later on I'll post the whole list of everything that has happened and really would appreciate your assistance in chopping it up and advising where advice is possible

[RJH]

Re: Pregnant and made redundant - HELP

@matt3942 - no she had no more relevant qualifications as far as we know. She may have more experience from working in a school, but not qualifications as it stands, as she has been asked to complete the same Level 3 qualification my OH was told wasn't compulsory.

As it turns out with this other girl, she has now been told she has to pay for some of the exams (GCSE's) herself and find her own college to do it at.

EDIT - My OH already has a Level 3 in Care which was accepted when the offer of employment was made, the other girl doesn't and she started on a voluntary basis.

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - I would say that's not really relevant. You would have to rule out all other potential reasons. Did the person who started work after her have more relevant qualifications or experience?

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] thanks for the advice.

As far as we are aware, no-one else has been made redundant as it stands. There was a similar envelope my OH spotted which had the cleaners name on, but if that was to terminate her employment, it still plays no part in the role my OH holds?

[matt3942]

Re: Pregnant and made redundant - HELP

@RJH

I agree with @Amethyst - as I said in my first post - I would complete the notice period while you consider what to do next.

I would appreciate others' thoughts (@teaboy2 @Amethyst) but it seems to me that the original contract did have the effect of being permanent (subject to a satisfactory probation period), even though the employer did not intend it to be. I can't see anything unlawful in extending the probation period by a further three months (even though it doesn't seem fair). My concern is that the employee was then asked to sign and backdate a second, temporary, contract.

If you had sought advice earlier I would have advised you to either not sign the second contract, or to sign it and work under protest (i.e. notifying the employer that you do not agree to the new terms). As it is, you did sign the contract, and you continued working as normal.

Regardless, you may have a claim for wrongful dismissal because of breach of contract (the original contract). Normally I would advise you to raise a grievance with your employer but I don't know how beneficial that would be in this situation. If you did want to pursue a claim for wrongful dismissal you can do this through an Employment Tribunal when your employment ends.

Unfair dismissal will be harder to prove. You will need to demonstrate that you were made redundant for no other reason than your being pregnant. Has anyone else been made redundant?

In any case, I would urge you to seek advice from a professional source, such as ACAS or CAB before pursuing any claim.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

Nurseries are crying out for staff, she should find alternative employment, even if she goes to supply work.

But the 'issue' is that she is now 13 weeks pregnant, so is anybody likely to take her on now?
[MENTION=6]Amethyst[/MENTION] - is there anything you can suggest, as she was pretty much forced to sign that contract under pressure there and then in front of the staff member?

[Confusedbyitall]

Re: Pregnant and made redundant - HELP

Nurseries are crying out for staff, she should find alternative employment, even if she goes to supply work.

[Amethyst]

Re: Pregnant and made redundant - HELP

I suggest she goes into work, her contract which she signed is this temporary?

Contract is here http://www.legalbeagles.info/forums/...111#post554111

[Confusedbyitall]

Re: Pregnant and made redundant - HELP

I suggest she goes into work, her contract which she signed is this temporary?

[Amethyst]

Re: Pregnant and made redundant - HELP

If she has no job to go to then yes I would complete notice period to come out with a good reference and have the wages for that work.

It isn't redundancy as such, its non renewal of temporary contract - it would have been better if she hadn't signed that second contract, sadly.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION], [MENTION=6]Amethyst[/MENTION], [MENTION=19071]teaboy2[/MENTION], [MENTION=65669]Confusedbyitall[/MENTION]

My OH is due to work tomorrow, is it advised in the situation above that she completes her supposed 'notice period'?
And is advised that we send a letter requesting all details that are on her file are sent to us?

[RJH]

Re: Pregnant and made redundant - HELP

She says she didn't have a handbook given to her and the only thing she's ever brought home are the pieces of paper already provided on here?

[Confusedbyitall]

Re: Pregnant and made redundant - HELP

Did she get a staff handbook?

[RJH]

Re: Pregnant and made redundant - HELP

Hi

i am in the same field as your OH, she should have received safeguard training before working with the children, this is a mandatory requirement from Ofsted. She can cite for discrimination, on the grounds of sexual discrimination of pregnancy. Many nurseries try to reduce through redundancy between July and September, but they have a consultation period. Also what is their policy on redundancy .

Hi [MENTION=65669]Confusedbyitall[/MENTION]

My OH hasn't had any details regarding any redundancy policy. She literally had no knowledge of anything until she was walking out of the nursery yesterday, when she was handed an envelope containing the termination letter. Nothing was said to her about anything else, not even we will discuss it further etc.