Pregnant and made redundant - HELP

[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.

[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

[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

[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

[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!

[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.

[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?

[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

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

Yep basically - Plus it would be seen as unreasonable behavior on their part, as the chance of them not receiving it after its been signed for on delivery is next to zero.

[RJH]

Re: Pregnant and made redundant - HELP

Well the letter is in tonight's post, so let's see what happens now.

As a direct result of this situation as it stands, my OH is going to have to try and claim maternity from the Government, but when I read through the requirements I don't fully understand.
What does she need to be eligible for the Government maternity, and for how long would she be paid? I've tried to find an email address to email the relevant person as my OH isn't too confident, but can't find one!

[teaboy2]

Re: Pregnant and made redundant - HELP

call this number here 0800 055 6688 to discuss the situation, its the same number for making a claim for maternity allowance! They will be able to advise you on whether you need to make a claim etc

[RJH]

Re: Pregnant and made redundant - HELP

@teaboy2 thanks for the number

There's going to be a very long post from me shortly, detailing everything we have written down about this case as there has been more issues today and I need urgent advice as my OH is due back in tomorrow and is really unhappy about having to go in. Please wait for this long post

[teaboy2]

Re: Pregnant and made redundant - HELP

Ok will do

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=67649]matt3942[/MENTION] + any others that wish to contribute........

So, today my OH has been into work, and there is a parents evening coming up which bizarrely they are still asking her to be there for, as she has a key child (who they don't allow her to spend much time with I may add). She mentioned to a couple of members of staff that she wasn't sure why this would be beneficial to anyone because of the situation you are all aware of. These members of staff then went in to see the owner (the one that gave her the 'end of employment' letter) and tried to say she was refusing to do parents evening, which then ended up with the owner and the member of the management team (lets call her Z) that coerced my OH into signing and backdating the contract, vs. her. My OH has been given no information on what she needs to do to be prepared for this and Z tried to make out in this 2 vs. 1 that she hadn't asked for help. I know she has asked because she's come home numerous times telling me the same thing. They have pretty much ganged up on her today, leaving her in quite a state and now wanting to go to the doctors tomorrow as she is feeling really down about the way they are treating her. Another comment made about her today from Z to two other employees was that "....well she still has a job to do".

Below are all of the things we have noted down that may be of interest, and I would appreciate further advice on moving forward:

1. Job given as permanent position upon completion of satisfactory 3 month probation (due 21/04/15)
2. 21st April, was told that I needed an NVQ Level 3 in Childcare to be permanent (this wasn't given as a requirement when being offered the job) and that probation should have in fact been 6 months. Owner told my OH this.
3. Told a member of the management team (Z), that she was pregnant - this was on 19/05/15. No risk assessment ever carried out.
4. 16/6/15 - my OH was coerced into signing a contract, under the watch of Z without being given time to read through it and look at any amendments (I.e. the switch from seemingly permanent to a now temporary/fixed term contract).
5. 18/6/15 - Staff meeting held - Owner said that she would be in w/c 22/6/15 to look at new academic year hours and she would do this as soon as possible for the staff - Showing they hadn't already done this IMO.
6. 19/6/15 - Our 'Dating Scan' for baby. The management team (all of them incl. Z and the owner, and N the admin girl) knew she was going for this scan. As she was walking out to go, the owner pulled my OH to the side and gave her an envelope containing the letter you have seen about her 'end date'. This took place in a corridor, and the owner told her that both her and the other owners had a meeting earlier that week and 'decided' that there were no hours for her in September - this totally contradicts her previous statement in the staff meeting the night before.
7. Following on from point 6, before OH left to meet me for the scan, she said how can you do this as I'm not on a temporary contract, to which the owner claimed she had told her it could always be a possibility (this again has never happened). My OH had been told that hours would be cut for everyone in September, but always pick back up again.
8. 21/05/15 - OH offered more hours as another staff member was decreasing theirs.
9. 26/05/15 - OH left work because of bleeding and stomach pains, doctor rang her at work to advise of emergency scan the next AM.
10. 27/05/15 - At hospital for scan, assuming we had lost baby, with work being aware of the situation, OH receiving numerous calls throughout us being there to ask her to come in and cover someone else!
11. A further staff member joined after my OH, and she has not had anything like this happen to her. This new member is the daughter of a current staff member.
12. Has been told numerous times to make any pregnancy appointments on days off or first thing in the morning so that it is easier for them. The admin girl, N, told my OH that her scan date on 19/6/15 would be covered and she wouldn't be required into work. Next day she was told by Z that she had to come in because (in Z's words) 'it would be better for the owner to know that you are still coming in after'. On top of this, she was scheduled to come back in at 4:30pm, even though my OH explained she was going for a scan and had other hospital staff to see that day - Further pressure on her.
13. OH has never been given a maternity policy to read.
14. Regarding 'hours', there is a member of staff retiring in September; the nursery is open 48 weeks of the year and some of the staff only work term-time; and my OH has spoke to someone that helps out with cover there who has told her she is now having to turn down work because there is too many hours they are asking her to cover.

I'm sure there is more, and will be more.

Your thoughts and advice are greatly appreciated and we are both so grateful to all of you that are taking time out of your day to help us with this.

One vital question - is my OH within her rights to go to the doctors and get signed off, as she is on the verge of a breakdown due to these people, and she was nearly in tears tonight. To keep putting herself through that isn't good for her or the baby?