Pregnant and made redundant - HELP

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION]

Thank you so much for the info. I'm still going to send a letter to the ex-boss that employed her as some evidence is better than none.

Also, I will ring the CAB office here tomorrow and book an appointment, although if they aren't too helpful, would ACAS potentially advise if their were good grounds for going to tribunal?

I'm interested on your thoughts to do with them proving it was fair - there is a lady that helps out at the nursery when they are in need of cover or extra staff, and she has spoken to my OH this evening and said that she is turning work down there at the moment because there are too many hours they need help with and she can't manage them all, and she also said that the numbers always pick up and by Xmas it is packed again in the nursery - would any information from this person help?

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION]

I'd be surprised if CAB aren't helpful but failing that ACAS may be able to advise you. There's no harm in contacting both.

It's certainly worth getting a statement from the lady you mentioned but I wouldn't attempt to do anything else until you've received proper legal advice as there are probably ways and means of collecting evidence.

- Matt

[Confusedbyitall]

Re: Pregnant and made redundant - HELP

Just to pick up on the safeguarding query, it is mandatory by law under the Children's Act 1989 for any persons to be in contact with children without receiving adequate safeguard training, so the nursery is in breach of the welfare requirements. Your OH can contact Ofsted, who in turn will investigate why your OH has been allowed access to children, without safeguard training. Your OH can raise a grievance in relation to signing a new contract under pressure, but you need to think about this carefully too for her own well-being. She is pregnant and this will add more strain on her. Does your OH want to continue to fight it too?

It it would help in her case if she got in touch with the old manager? Is everyone else on a six month probationary period?

A risk assessment should be carried out under H & S when a employee informs them she is pregnant. They have already changed rooms, why did they do this? Was she in a baby room? The risk assessment must be carried out with the employee and should be done at each trimester.

[Nomoneynoproblem]

Re: Pregnant and made redundant - HELP

Hi

I think it will be useful to have clarity on her employment status. From my perspective if it can be proven that she was on a permanent contract of employement then yes I do agree there is a case for sex discrimination. However, if it's proven that she was on a ftc from the very start I can't see how discrimination can be proven when at the very begining of the contract there was a start and finish date the fact that she got pregnant in between becomes irrelevant.

[teaboy2]

Re: Pregnant and made redundant - HELP

Its not a matter as to if she was on permanent or fixed term contract - What matters is, the original contract did not state it was fixed term, and therefore was likely permanent contract as it gave no end date, other than they would review her employment at the end of her probationary period, in which case they may dismiss (though reason most be fair) her or extend the probationary period. They can not however change the contract to a fixed term one as that would be unfair dismissal at the end of the term of that contract, it would also be unfair dismissal to terminate the original contract it such a way. Also if she was on a fixed term contract then they wouldn't need to make her redundant in any case as they could just let the contract run its course. So they don't seem to have a clue what they are doing, and seem to be treating her as being on a permanent contract to which she would be entitled to redundancy!

I'm with what @matt3942 has stated earlier, but given shes pregnant i am concerned that it may not be beneficial for her to take it further as it will only cause her more stress, which is the last thing she needs whilst being pregnant.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=65669]Confusedbyitall[/MENTION]

She does want to continue to fight it, it's not right the way she has been and is being treated and we don't want to let them get away with it just like that.

No risk assessment was ever carried out with her, and she was in a baby room and had a key child in this room too.

[Confusedbyitall]

Re: Pregnant and made redundant - HELP

The reason why they will have moved her out of the baby room was because of lifting in the baby room. I would raise a grievance informing them that the contract was forced on her, and was told to just sign it. Her first contract did not state it was temporary, and her review did not inform of this. I would ask under the freedom of information act for all notes they have on file of her. In relation to a reference loads of nurseries only supply a standard industry reference, which only includes name, how long they were employed and job title. This is quite normal now, so she would not have to worry about getting a standard industry reference.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION]

We understand about the stress that will come with it, but we simply won't be bullied into just accepting it by them. Their treatment is appalling.

Nowhere on the initial contract was it stated that it was a FTC, it said after 3 months review they would offer continuous employment if period was satisfactory, which it must be otherwise she wouldn't have stayed?

With regards to the letter terminating her employment, she was made to sign a contract on the 16th June, which ran from April 21st to July 21st - this is the contract they made her sign there and then and backdate to April so the management member didn't get in trouble with the owner and this is the one they made a temporary contract. Surely they cannot change from a contract that suggests continuous employment to a contract that is now temporary? And in any case, we will raise a grievance about that.

[teaboy2]

Re: Pregnant and made redundant - HELP

@teaboy2

We understand about the stress that will come with it, but we simply won't be bullied into just accepting it by them. Their treatment is appalling.

Nowhere on the initial contract was it stated that it was a FTC, it said after 3 months review they would offer continuous employment if period was satisfactory, which it must be otherwise she wouldn't have stayed?

With regards to the letter terminating her employment, she was made to sign a contract on the 16th June, which ran from April 21st to July 21st - this is the contract they made her sign there and then and backdate to April so the management member didn't get in trouble with the owner and this is the one they made a temporary contract. Surely they cannot change from a contract that suggests continuous employment to a contract that is now temporary? And in any case, we will raise a grievance about that.

Read my last post again and comments i made regarding the contracts - Think you may have misunderstood as i have already answered what your question in your post above, prior to you asking them!

[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?

[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] 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!

[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

[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

[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.