Pregnant and made redundant - HELP

[matt3942]

Re: Pregnant and made redundant - HELP

Thanks [MENTION=59438]RJH[/MENTION] - I'll put together an appeal letter for you, which will re-assert your original grievance and state why the initial grievance was unfair.

I'll get that up by the end of today.

- Matt

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - sorry, something else just popped into my head.

You said your OH was not scheduled to work on the day of her scan, which she would normally work.

Was your OH given a different day to work so her weekly hours/wages stayed the same?
Does your OH normally work on a rota that changes every week?

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

Sorry guys/girls Been a busy weekend so not been on LB since friday.

Can't believe the audacity in their response to your grievance letter, looks like they think they can pick and choose when a grievance is a grievance or not, which clearly they can not - Though the bonus for you [MENTION=59438]RJH[/MENTION] is ts great supporting evidence for any claim you may need to bring, which is looking ever so more likely! They clearly have failed to follow ACAS code of conduct: grievance and disciplinary, so its clearly an unfair procedure they used!

As for the terms in the contract under grievance procedure, they'd be unfair terms. You can not stipulate what can and what doesn't give grounds for a grievance. If business could not be subjected to grievance procedure then 75% of all grievances in the work place would be invalid, clearly though they are in fact valid!

[RJH]

Re: Pregnant and made redundant - HELP

@RJH - sorry, something else just popped into my head.

You said your OH was not scheduled to work on the day of her scan, which she would normally work.

Was your OH given a different day to work so her weekly hours/wages stayed the same?
Does your OH normally work on a rota that changes every week?

- Matt

[MENTION=67649]matt3942[/MENTION] - what happened was that she had told them of the date of the scan, of which they took a photocopy of the appointment date (which you may note they are trying to further investigate into locating that), and the admin girl (let's call her N) said her shift would be covered by someone else - therefore giving her the day off (not paid of course). However, the next day she was in work, she was told by Z (referred to earlier in the thread) that she would still need to come in and complete her 1-6 shift and leave to go to hospital. It was noted that she would be back by 4/4:30pm by the management team, even though my OH explained she may be longer/all shift as she had to meet with other staff other than the sonographer.

Her working day/hours have always been consistent, and she has been called upon many times to cover shifts etc. therefore adding to her working hours usually.

- - - Updated - - -

Sorry guys/girls Been a busy weekend so not been on LB since friday.

Can't believe the audacity in their response to your grievance letter, looks like they think they can pick and choose when a grievance is a grievance or not, which clearly they can not - Though the bonus for you @RJH is ts great supporting evidence for any claim you may need to bring, which is looking ever so more likely! They clearly have failed to follow ACAS code of conduct: grievance and disciplinary, so its clearly an unfair procedure they used!

As for the terms in the contract under grievance procedure, they'd be unfair terms. You can not stipulate what can and what doesn't give grounds for a grievance. If business could not be subjected to grievance procedure then 75% of all grievances in the work place would be invalid, clearly though they are in fact valid!

[MENTION=19071]teaboy2[/MENTION] - they all appear so arrogant and intent on lying. I still can't fathom how the owner (R) is able to conduct a supposed investigation into herself too!

[RJH]

Re: Pregnant and made redundant - HELP

Thanks @RJH - I'll put together an appeal letter for you, which will re-assert your original grievance and state why the initial grievance was unfair.

I'll get that up by the end of today.

- Matt

Is this the one that I should send to the owner that has completed the investigation AND the other owner I've located an address for? Also, if I am sending it to the other owner too, shall I send over copies of the correspondence so far?

[teaboy2]

Re: Pregnant and made redundant - HELP

She shouldn't be carrying out any investigation as shes not impartial since the grievance is against her. She should have had an impartial member of staff or one of the other owners carry out the investigation. But clearly the letter was meant to fob you off basically!

Yes send copies of correspondence too, but wait for [MENTION=67649]matt3942[/MENTION] next letter as you should send that as well!

[matt3942]

Re: Pregnant and made redundant - HELP

Is this the one that I should send to the owner that has completed the investigation AND the other owner I've located an address for? Also, if I am sending it to the other owner too, shall I send over copies of the correspondence so far?

Hi [MENTION=59438]RJH[/MENTION] - I would send this one to the other owner only. As [MENTION=19071]teaboy2[/MENTION] said, I would send all previous correspondence at the same time.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

She shouldn't be carrying out any investigation as shes not impartial since the grievance is against her. She should have had an impartial member of staff or one of the other owners carry out the investigation. But clearly the letter was meant to fob you off basically!

Yes send copies of correspondence too, but wait for @matt3942 next letter as you should send that as well!

So just to clear up my own confusion:

• I write back to the original owner that has responded with just the next letter which I will have off [MENTION=67649]matt3942[/MENTION]?
• I write to the additional owner I have located with this second letter, but also with copies of all of the correspondence so far?

In all honesty, I don't think there is an impartial member of management staff that could carry this out because they are all mates and look out for each other.

[RJH]

Re: Pregnant and made redundant - HELP

Hi @RJH - I would send this one to the other owner only. As @teaboy2 said, I would send all previous correspondence at the same time.

- Matt

So just send the letter along with all correspondence so far to the 'new' owner I've located?

In case it makes a difference, when I found his details off of Companies House last night, I noted that the owner (R) who the grievance was sent to initially has the biggest ownership in the business (60%), with the other owner having 20% along with his wife (the secretary) who also has 20%.

[matt3942]

Re: Pregnant and made redundant - HELP

@matt3942 - what happened was that she had told them of the date of the scan, of which they took a photocopy of the appointment date (which you may note they are trying to further investigate into locating that), and the admin girl (let's call her N) said her shift would be covered by someone else - therefore giving her the day off (not paid of course). However, the next day she was in work, she was told by Z (referred to earlier in the thread) that she would still need to come in and complete her 1-6 shift and leave to go to hospital. It was noted that she would be back by 4/4:30pm by the management team, even though my OH explained she may be longer/all shift as she had to meet with other staff other than the sonographer.

So your OH didn't actually lose any pay that week of the scan?

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

So your OH didn't actually lose any pay that week of the scan?

- Matt

Not as far as I'm aware. The only way she will have lost money is if they haven't paid her up for her whole shift and instead only given 1.5 hours as stated.

[matt3942]

Re: Pregnant and made redundant - HELP

Thanks [MENTION=59438]RJH[/MENTION] - I'm not entirely sure of the legality of changing someone's shifts to accommodate ante-natal appointments - it could be viewed as being treated unfavourably, but if your OH worked the same number of hours in the week we'll probably have to let that go too.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

Just an update, the sick note has been sent in today. One of the management team that is behind this whole charade has tried calling her (the previously mentioned Z) asking how she is. Two-faced or what.

[teaboy2]

Re: Pregnant and made redundant - HELP

Keep notes of all future telephone calls, i.e. date, time, person calling, and brief description of what was said. Do same for previous ones if you can, don't don't worry about times. Also same for unanswered calls they make as well!

Am thinking of the protection from harassment act 1997 (a criminal offence as well as civil) not the equality act, unless we can clearly determine discrimination and bag the harassment in with the discrimination!

@matt3942 - I think changing her shift for anti natal care is unfair treatment, as she would have been entitled to pay for that time spent having her scan without the need to make up the hours, which is effectively what shes had to do by changing her shift. But i think if shes on a rota and contracted to working a rota system and not a fixed shift pattern/hours, then we'd be dead in the water with it!

[RJH]

Re: Pregnant and made redundant - HELP

Keep notes of all future telephone calls, i.e. date, time, person calling, and brief description of what was said. Do same for previous ones if you can, don't don't worry about times. Also same for unanswered calls they make as well!

Am thinking of the protection from harassment act 1997 (a criminal offence as well as civil) not the equality act, unless we can clearly determine discrimination and bag the harassment in with the discrimination!

@matt3942 - I think changing her shift for anti natal care is unfair treatment, as she would have been entitled to pay for that time spent having her scan without the need to make up the hours, which is effectively what shes had to do by changing her shift. But i think if shes on a rota and contracted to working a rota system and not a fixed shift pattern/hours, then we'd be dead in the water with it!

[MENTION=19071]teaboy2[/MENTION] they did rota her on to a shift for the day she was at the scan eventually, I think the main point is whether they only paid her 1.5 hours, rather than the whole shift. We didn't get back into the area from the hospital until after 6pm when her shift would have finished.