Pregnant and made redundant - HELP

[Confusedbyitall]

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 .

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=6]Amethyst[/MENTION]

On 19th of May, a member of the management team was made aware of the pregnancy.

There is one girl who started a few days after my OH and as far as my OH is aware this was on a temporary contract too but isn't due for review until August. Her mother works at the nursery too and has been there for 18 years.

My OH was told that because she wasn't taking her NVQ 3 qualification (which I must point out she was told she didn't have to do at all, and was employed on the acceptance that she didn't have this), that she wouldn't be offered a permanent contract, even though to me it's clear that the 3 months that were stipulated initially led to continuous employment based on a satisfactory review, which clearly it was otherwise they would have ended employment then surely? My OH was only told that the 3 months probation was an 'error' made by the (at this point) ex-manager a few days to a week after the review.

The review is as discussed, however, one of the owners handwrote at the bottom of it to say that the qualification wasn't mandatory and didn't need to be done. No applications to colleges were made based on the fact that my OH fell pregnant and the employer was giving no encouragement as to offering her the permanent contract she already should have been offered at this point. What would be the point in her signing up for a 2 year course if there is no promise of them following through what was initially signed and agreed?
On this point, looking at the actions decided box in the review, my OH never received the 'folder time', Food Safety training, Safeguarding Level 1 training, and the point about starting level 3 qualification would be negated by the owner having handwrote that she didn't have to do it. (My OH doesn't have a copy of this handwritten part, but knows it was in her file the other day as she saw it). There was also no offering of any of the actions to her either.

The management team consists of 3 people plus the owner, and one of them in particular was in my opinion covertly bullying my OH. She came up to her and pretty much told her that she had to book and of her pregnancy appointment for when she had a day off, or either first thing/last thing in the day so it didn't compromise their operation.

Your response is valued greatly.

[Amethyst]

Re: Pregnant and made redundant - HELP

Are other employees on temporary 3 month contracts ? or 6 month probationary contracts ? When exactly did she sign that contract - before 17th June ?

If this 3 to 6 months not been mentioned at her April review meeting it would seem extremely suspicious. the 'review' notes about training etc and putting her on a further 3 months contract - is that correct and as discussed ? has any movement been made with training ( ie any applications to the college etc - should have been by now to start Sept really)

The employer was aware of the pregnancy before 17th June ?

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION]

Further attachements included - this is the contract she was made to sign and date the other day, using April's date!

[RJH]

Re: Pregnant and made redundant - HELP

HI [MENTION=19071]teaboy2[/MENTION],

To answer your questions (and I have a whole list of everything that has occurred written down if you need that following this):

1. They claim there will be less children in September, but they are making her redundant from 21st July.
   She is contracted to what are now 19 hours a week - they increased her hours to this recently and regularly called her to come in and do extra work to help cover etc. They even called her on the 17th (which when you look at the termination letter is the date that was typed up) to come in and work 1-6pm.
2. The temp contract was signed, but under pressure from one of the managers. The managers comments to my OH were "do it as quick as you can because the owner's coming in and it should have been done ages ago. Date it from April because that's when it should have been done and I don't want to get in trouble". There is a witness to this, but whether she would assist me I'm unsure.
3. 17 people work there - some are only term time workers and this nursery is privately ran and open barring 2 weeks of the summer holidays.
   There has been no consultation.
   There has been no offer of alternative work
   At worst, there was no offer of a zero hours contract.
   My OH is unsure of any other redundancy, although managed to spot an envelope the same as hers addressed to the cleaner.
   She has also just informed me that there is a causal cover worker going in next week to help out.
4. The staff meeting that was held on the 18th of June - the owner said she will be in next week (w/c 22/6/15) to look at hours for September - yet the termination letter was already completed by the owner on the 17th June!

I do have lots of other instances of things going on that I can type up if you need them.

My questions to you are:

1. Does my OH need to carry on and complete work up to the 21/07/15, or can we write a letter advising them of why she won't be? If this is the case, what do we put in the letter?
2. I have the address for the woman that employed her in the role in the first place (her old boss) - is it worth us visiting and discussing the issue with her and seeing if she will provide a written statement?
3. Is it possible to request everything that is recorded on my OH's file to be sent to us, and if so, what time scale do I demand them in?

I'm sure there is more questions, but I am that peed off at the moment that I can't really think straight.

Your response will be valuable and appreciate.

Thanks,

Rob

[teaboy2]

Re: Pregnant and made redundant - HELP

Yes if its a case of direct or indirect sexual discrimination (which is unfair treatment because of her pregnancy) then its automatic unfair dismissal (where 2 year qualifying period does not apply), regardless of whether dismissal is a result of redundancy or disciplinary action.

What I'd to ask is when you said they said their is no hours next week or until September - Is your OH on zero hour contract or contracted to x hrs per week?

Also in point 2 - Did she sign the temporary contract. Though i can not see it being lawful as it would be unfair dismissal at the termination of the temporary contract as a result of to changing a full time contract to a fixed term temporary one! They may vary the terms of a full term contract (subject to employee agreement) but there's an exception of limiting the duration as that would be unfair.

Sounds to me that the employer is desperate to get rid of your OH so not as to pay maternity pay, and as a result they are making it up and changing the contract to suit their ulterior underlying motive of getting rid of her, in the hope she doesn't realise they are making a pigs ear out of things and leaving themselves open to tribunal action which may prove costly for them.

Also how many people work there, how many others are facing redundancy. What consultation period is there? what offer of alternative work is there.

Please post up a copy of the letter regarding redundancy that they gave your other half minus personal and company details for us to look over, and even use against them!

I also suggest your OH contact ACAS and inform them of the situation as their the first step to tribunal action, though they do mediate with the intent to resolve the employment disputes without the need to take action!

[RJH]

Re: Pregnant and made redundant - HELP

Hi [MENTION=67649]matt3942[/MENTION],

Thanks, I look forward to hearing back from you

- Rob

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION]

I'll look at this in more detail tomorrow but my initial thought is that you could claim unfair dismissal if you can establish discrimination because of pregnancy. There is no qualifying period for this.

Personally I would complete the notice period as not doing so could be held against you. Other contributors may have different views on this.

- Matt