Pregnant and made redundant - HELP

[teaboy2]

Re: Pregnant and made redundant - HELP

Yes she is within her rights to be signed off and it will not effect her right to claim satutory maternity pay either, should we get the employer to back down.

What is the date of the parents evening?

Point 9 i do not think you mentioned before, but that would constitute harassment! They knew your OH was bleeding they knew she was having an emergency scan yet still hounded her with phone calls to come in to work! Thats also a breach of duty of care which is a contractual term as they are responsiable for the health and saftey and welfare of their employees. There actions were clearly detrimental to your OH's welfare and they clearly showed no sign of consideration for her health and welbeing despite the seriousness of your wifes situation!

For now sign off sick and see how they respond to the letter. We can bring all the rest up at a later stage if need be. I also seek the instigator of the problems is person Z as she seems to be at the center of everything and the manager/owner seems to be taking advise from person Z - I would consider writing a letter to the other owners to inform them of the issues and that it does amount to sexual discrimination and bullying and harassment which could cost them at tribunal, whilst making clear all you OH wants is fair treatment and to be happy at work! Or alternatively send a copy of the previous letter to the other owners, that way person z and manager can not hide the issue under the carpet from the other owners.

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION] - I think most of what you've listed has been covered in the grievance letter and I wouldn't advise doing anything else until you know the outcome of the grievance meeting.

Of course your OH may go to her doctor and be signed off from work if the doctor thinks its necessary.

I will say that if your OH is stressed already, it won't get any easier having to go through a grievance meeting and probably then the appeal process and ultimately a tribunal. You really have to consider if it's worth going through this process.

Do keep us updated though.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] you really have no idea how much your assistance is helping.

I will get another copy of that letter sent to the nursery F.A.O. the other owners tomorrow. My OH states that they don't ever come to site, but she doesn't have their home address?

Also, she is due at work at 7:45 tomorrow, so what can she tell them as to why she isn't going in as she won't be seen by the doctor before this time?

They had scheduled her key child's consultation for the 2nd of July, but they have made her talk to child's parents tonight and push it back to the 9th so she can finally receive the information she has been asking for, for weeks!

[matt3942]

Re: Pregnant and made redundant - HELP

I would consider writing a letter to the other owners to inform them of the issues and that it does amount to sexual discrimination and bullying and harassment which could cost them at tribunal, whilst making clear all you OH wants is fair treatment and to be happy at work! Or alternatively send a copy of the previous letter to the other owners, that way person z and manager can not hide the issue under the carpet from the other owners.

I wouldn't advise doing this.

It's not sexual discrimination, it's discrimination because of pregnancy, which was identified in the grievance letter (i.e. being treated less favourably because of pregnancy). Also, I'd be surprised if an ET construed a few phone calls (although terribly insensitive) as harassment under the Equality Act 2010.

My advice is to let the grievance process run its course, and ask the doctor to sign your OH off work in the meantime.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] it is definitely worth it. I am taking most of the flak of sorting things, and if it goes to a tribunal (which at the moment I'm pretty sure it will), then I'll be helping there too.

There is no way either of us are going to back down and just give in, what is that showing them? They deserve to have their names dragged through the mud and shown up to be the people they really are. Discrimination is wrong, and so is harassment.

[teaboy2]

Re: Pregnant and made redundant - HELP

@teaboy2 you really have no idea how much your assistance is helping.

I will get another copy of that letter sent to the nursery F.A.O. the other owners tomorrow. My OH states that they don't ever come to site, but she doesn't have their home address?

Also, she is due at work at 7:45 tomorrow, so what can she tell them as to why she isn't going in as she won't be seen by the doctor before this time?

They had scheduled her key child's consultation for the 2nd of July, but they have made her talk to child's parents tonight and push it back to the 9th so she can finally receive the information she has been asking for, for weeks!

She can self certify as sick for the first seven days. So all she has to do is say shes got slight bleeding again and is trying to arrange appointment with her doctor, so she won't be in today as a precautionary measure!

Also i wouldn't take the letter to the nursery, as chances are (if my suspicions are correct and the other owners are not aware of this situation and z and manager have been feeding them bullshit about your OH's performace etc etc) they won't pass it on to the other owners. So is there anyway you can get it to the other owners directly?! If not then leave it. As other owners will find out once your OH makes a tribunal claim, but you really do not need your OH getting stressed through the process, so you may be best to fill in the forms for her and have us help you with it, and only bother your OH when we need details of events that happened etc etc! Though your OH will have to attend tribunal hearings, though we could request the proceedings be stayed due to your wifes preganancy. Though saying that - when did you say the baby was due again? As we may be able to wait till after the baby is born!

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - It's absolutely your choice but just be aware that it will get more stressful.

Whether the employer was discriminatory will probably be determined later by an ET.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

She can self certify as sick for the first seven days. So all she has to do is say shes got slight bleeding again and is trying to arrange appointment with her doctor, so she won't be in today as a precautionary measure!

Also i wouldn't take the letter to the nursery, as chances are (if my suspicions are correct and the other owners are not aware of this situation and z and manager have been feeding them bullshit about your OH's performace etc etc) they won't pass it on to the other owners. So is there anyway you can get it to the other owners directly?! If not then leave it. As other owners will find out once your OH makes a tribunal claim, but you really do not need your OH getting stressed through the process, so you may be best to fill in the forms for her and have us help you with it, and only bother your OH when we need details of events that happened etc etc! Though your OH will have to attend tribunal hearings, though we could request the proceedings be stayed due to your wifes preganancy. Though saying that - when did you say the baby was due again? As we may be able to wait till after the baby is born!

[MENTION=19071]teaboy2[/MENTION] The baby is due 25th December :tinysmile_aha_t:. I am quite happy to be filling everything and sorting everything I possibly can with the help and assistance of you guys, so if you are able to carry on assisting throughout then that will be great.
[MENTION=67649]matt3942[/MENTION] thank you for the concern, I intend to take the stress wherever possible - broad shoulders and all that

[teaboy2]

Re: Pregnant and made redundant - HELP

Well am more then willing to help and certain @matt3942 is as well. He is right it is for the tribunal to decide if the employers actions are discriminatory, but i think it pretty much speaks for itself in regards to if it is or not. I think it is anyway, point nine even made it certain to me, but am not the tribunal chair/judge.

So thats basically six months away. I was hoping it be less as you only have up to 3 months from last course of action to take a claim to tribunal. Though am sure if need be, we can ask the claim be stayed or dates of hearings moved to after the baby is born.

[RJH]

Re: Pregnant and made redundant - HELP

Thank you so much.

Right, I'm off to enjoy what's rest of the night with my OH - up at 5am!

I'll let you know once the letter has been received (the one I posted today) and then see where we go from there.

Have a good night all.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] today the owner turned up at the front door, hand delivering a letter in response to the grievance letter I sent her at the back end of last week....attachments to follow (there are 3 on here, the rest on the following post.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION]

I guess it will be better for you to ask me any questions you have to help on this, but one I have is how is it possible for the owner to have completed an investigation when part of the grievance is against her?

[matt3942]

Re: Pregnant and made redundant - HELP

Thanks [MENTION=59438]RJH[/MENTION]

• Firstly, an employer can't pick and choose what can and cannot be the subject of a grievance;
• Secondly, the initial contract was not clearly for a 3-month fixed term period; and
• Finally, the employer has failed to comply with its own grievance procedure: the procedure says you will be invited to attend a grievance meeting to discuss your grievance.

I suggest we write an appeal letter to the nursery owners, following the employer's own procedure. It's unlikely this will succeed but at least you will have exhausted this option before moving on to legal action.

The employer has contested some of the dates you've provided so I would double check and make sure the dates you've provided are accurate. It would be hugely beneficial if you had witnesses.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION]

Could you assist with the letter side of it please? As we have already had a letter back from one of the owners, who has conducted the investigation herself, is it worth sending it to the other 2? The only issue is we don't have an address for them apart from the nursery and they are never there?

In relation to the dates ,can you clarify which ones you are on about? As far as we are concerned the dates we have stated are all correct and proper.

As for the part about providing evidence of pregnancy related appointments, they were aware of the initial midwife visit, which they accept, and then for the scan they have actually made a photocopy of this appointment ,and it was noted on their bulletin board that my OH has a hospital appointment at that time. Further to this, my OH wasn't put on the rota for this day because of this, and it was a normal working day for her, proving they were aware.

There are certain witnesses to the events, but they are all pally with each other so we stand no chance of them going against the owner in concern. They are all mates outside of work, and from the same area, as well as all being scared of the owner. My OH is not from the area, so is and continues to be treated as the outsider.

Just to mention from the other day, my OH has been signed off from the doctor now until 21/07/15, as he stated he was disgusted how they were treating her and didn't want her going back there. The doc note I shall be sending tomorrow. Recorded and signed for or not?

Thanks

[matt3942]

Re: Pregnant and made redundant - HELP

Thanks [MENTION=59438]RJH[/MENTION]

Of course I can help you with that.

The letter contradicted the date your OH signed the second contract so if you need to be absolutely certain of that.

I would send the doctor's note using signed for - then you will have evidence it was received and who signed for it.

If you could send the appeal to the other owners that would be better but not having an address makes that difficult. I can't remember if directors' names and addresses are available to order from Companies House - perhaps [MENTION=19071]teaboy2[/MENTION] will know this.

I'm going to be out for the rest of the day now but I'll come back to you this evening or tomorrow.

- Matt