Pregnant and made redundant - HELP

[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

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

[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?

[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

[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

[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

@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.

[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

[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

[MENTION=6]Amethyst[/MENTION]

The review states 'I explained to X that she will be put on ANOTHER 3 month contract as she needs to start looking at starting her qualification in September. Now the copy she received is the one I've posted but at work they've actually added to it in handwriting that she does not need the qualification and it isn't mandatory and this copy is in her file.

I query where it says another because the initial contract was for 3 months and then continuous employment on satisfactory period. If the 3 months hadn't been satisfactory she would no longer be there.

My OH has just spoken to someone who helps at the nursery as cover and she is told her that she is constantly being called to help out and it has got to the point now where she is having to decline because it's too much work. She also mentioned that it's unheard off to get rid of staff because of low numbers/hours because it always picks up again.

If this person and/or the original manager who hired my OH wrote a statement confirming these things would that help?

[Amethyst]

Re: Pregnant and made redundant - HELP

So at work she gets Ł123 ?? ( 19 hours a week at min wage ) If she stops working (not saying she should but if she can't find something else) then she should get maternity allowance because she has worked since January.... go through the calculator ... https://www.gov.uk/pay-leave-for-parents/y Just in case she is considering maternity pay/leave, so knowing what benefits are available might help ease some of the stress.

Maybe she could suggest that she works on a casual basis for them if they are continually struggling for staff if she particularly wants to stay working there? Though sounds like they treat her like poo so far so looking elsewhere would be a good idea anyway.

I can't see that it is redundancy, they have just said about the downturn in numbers as a reason for not renewing the temp contract.

[RJH]

Re: Pregnant and made redundant - HELP

Well she was going to work all the way up to pretty much when due.
Also, it was never ever on a temp contract basis and she has been pushed into signing that, pressurised by a management member without having time to examine the wording at all.

The job was offered and advertised as a Permanent contract, nothing was mentioned about temporary ever. She was in employment before moving here and no way would she have moved from a perm role to a temporary.

[Amethyst]

Re: Pregnant and made redundant - HELP

Original Contract


New Contract

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - I'm inclined to agree in relation to the contract issue. The original contract doesn't state that it's temporary/fixed-term, and it doesn't say the contract will be reviewed/renewed on 21 April, only that the position is subject to a satisfactory 3-month probation period, which is common in permanent contracts. However, again, your OH did sign the new contract and continued to work under the new terms. This would probably go against them in an Employment Tribunal, which is why I said "you may have a claim".

Even though the employer has written what you claimed on your OH's review, this wasn't the reason given for redundancy, so I don't know how helpful it would be to have a copy of that review. Similarly, as regard to safeguarding training - this wasn't the reason given for redundancy, so even if the employer would get into trouble for not providing it, it wouldn't benefit you. Also, as the person who hired your OH is no longer employed there, I don't know how helpful a statement from them would be.

Again, proving automatic unfair dismissal can be difficult but if you bring a claim, the onus is on the employer to show that the redundancy was for a fair reason. Based on the reason the employer has given, the likelihood that your OH was the only person made redundant, and (from what you've said) there being no shortage of work available, IMO you would have a decent chance of winning.

Tomorrow, contact your local CAB office and make an appointment to meet with an employment law specialist. They will be able to advise you on whether you have the makings of a claim, and then take you through the process.

Please let us know what the outcome of this is.

- Matt

[matt3942]

Re: Pregnant and made redundant - HELP

Just to add - even without the contract issue, not renewing a temporary contract is still a dismissal as far as the law is concerned and it still has the potential to be unfair. The employer would still have to show that their reason for not renewing the contract was fair.

- Matt