Pregnant and made redundant - HELP

[RJH]

Re: Pregnant and made redundant - HELP

UPDATE [MENTION=19071]teaboy2[/MENTION] [MENTION=7458]matt[/MENTION]3924

Letter opened (see attached).

A few questions:

1. Letter dated 3rd July (Friday), can clearly see from the envelope that the attempted delivery was made only yesterday (06/07/15) and was retrieved only today (7/7/15) due to my OH being out at time of delivery yesterday.
2. With regards to taking a work colleague, there is no-one suited to do that, and she isn't a member of any union - what can I/we do?
3. Can I request more time being as though they are telling us it is on Friday?
4. Do we need to attend as they haven't actually stated it is a formal grievance meeting as has been requested?
5. Why, when the one owner is one of the main reasons for this situation, is she allowed to be in there taking minutes?

Depending on the answers to these I may have more questions (sorry!), as I am conscious of the dwindling time frame.

Thanks,

- Rob

[matt3942]

Re: Pregnant and made redundant - HELP

1. Letter dated 3rd July (Friday), can clearly see from the envelope that the attempted delivery was made only yesterday (06/07/15) and was retrieved only today (7/7/15) due to my OH being out at time of delivery yesterday.
2. With regards to taking a work colleague, there is no-one suited to do that, and she isn't a member of any union - what can I/we do?
3. Can I request more time being as though they are telling us it is on Friday?
4. Do we need to attend as they haven't actually stated it is a formal grievance meeting as has been requested?
5. Why, when the one owner is one of the main reasons for this situation, is she allowed to be in there taking minutes?

Hi [MENTION=59438]RJH[/MENTION]

My answers to your questions:

1. The likelihood is that the letter was sent on 03/07/2015 or 04/07/2015. There is a tracking number on the envelope - if you look at the full tracking details on the Post Office website you will find out exactly when it was posted.
2. Your OH only has the right to be accompanied by a colleague or a TU representative unless the employer agrees otherwise, or it says so in your contract (or staff handbook). You may ask the employer to agree to your OH being accompanied by someone else but they do not have to agree.
3. Three days is more than the typical notice period; however, you may request a postponement to arrange for someone to accompany you but the request should be reasonable.
4. Yes, it doesn't need to state specifically that it's a formal grievance meeting - it does say the meeting is in response to your letters so it is implied.
5. You can make a formal objection to the co-owner being present but my understanding is the employer can reject this. As the co-owner is there only to take minutes, she should not address you.

If you want to postpone and make a request to be accompanied by someone other than a colleague or TU representative I suggest you do this ASAP and send it to be delivered the next day.

Unfortunately my time is very limited over the next few days so I don't know how helpful I can be; however, if someone drafts and uploads a response I will try to check in tomorrow and take a look.

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

Well i can do a response letter in the morning - I think maybe your OH should take her friend that texted her to the meeting since she also works there! As its certain they won't let you accompany her.

[RJH]

Re: Pregnant and made redundant - HELP

Hi both,

[MENTION=19071]teaboy2[/MENTION] if you could get me something together that would be great and I can get it sent on my lunch.

Also, is there any way you could put something together that my OH can take in with her, as if worst comes to worst she will be on her own and isn't confident so if she has notes and questions to ask in front of her this will help massively!

Appreciate your help so far guys!

[RJH]

Re: Pregnant and made redundant - HELP

Also, if the one taking minutes pipes up then what, as she's a contributory factory in the whole situation!

One further question - if my OH is signed off sick, would this affect her having to go into the workplace for this meeting? Can she request that somebody else comes with her as she doesn't feel comfortable with any staff member (and the lady that text she doesn't want to put in an awkward position), and that she will be intimidated with both of the owners in the room against her?

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION]

You can request it and the employer will have to consider it. You can also request an alternative venue but again, the employer only has to consider it.

If [MENTION=19071]teaboy2[/MENTION] can do the letter that would be great - I'm about to be up to my ears in paperwork!

Have good days all.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

Hi @RJH

You can request it and the employer will have to consider it. You can also request an alternative venue but again, the employer only has to consider it.

If @teaboy2 can do the letter that would be great - I'm about to be up to my ears in paperwork!

Have good days all.

- Matt

[MENTION=19071]teaboy2[/MENTION] if you are around and able to do this, could it be done for around 12 noon? I'm on lunch 12-1 so can take it to the post office then?
If not, I understand too

[teaboy2]

Re: Pregnant and made redundant - HELP

Hi both,

@teaboy2 if you could get me something together that would be great and I can get it sent on my lunch.

Also, is there any way you could put something together that my OH can take in with her, as if worst comes to worst she will be on her own and isn't confident so if she has notes and questions to ask in front of her this will help massively!

Appreciate your help so far guys!

Unfortunately i'm not going to have enough time to put together a list today as i have another case i am working on as well which is further along in the process. But all your OH has to do is stick to the facts mentioned in previous letters, ask who else was being made redundant and why she was selected and not others, ask for copy of the selection matrix/process, making it clear she feels she has been selected purely because shes pregnant just so they will then not have to pay her maternity pay. Also point out about the constant phone calls when she had called in sick, and how that amounts to harassment and unreasonable behavior as they is no need for them to call asking her to come into work etc etc, when shes already called in sick. If i recall even her doctor even said it was shocking behavior on their part!

Also, if the one taking minutes pipes up then what, as she's a contributory factory in the whole situation!

One further question - if my OH is signed off sick, would this affect her having to go into the workplace for this meeting? Can she request that somebody else comes with her as she doesn't feel comfortable with any staff member (and the lady that text she doesn't want to put in an awkward position), and that she will be intimidated with both of the owners in the room against her?

Unfortunately, whilst you can request if a person may come with you, the chances are they will only allow a work colleague of trade union member to accompany her. As by law your only entitled to a work colleague or union member to accompany you.

Best thing to do would be to secretly record the meeting on her phone if possible!

As for her friend, yes it may put her in awkward position but she doesn't have to say anything and can be there as just moral support! They can not take any action against her for accompanying your OH to the meeting.

Here's the letter.

Dear Sir/Madam

Thank you for your letter dated 3rd July 2015 sent recorded delivery and therefore not received by me till the 7th July 2015, where you have invited myself to attend a meeting with yourself and (minutes taker name here), who shall be taking minutes and not have any active involvement in the meeting.

I intend to attend the meeting on Friday 10th July at 10:30am and i would like to have (enter friends name here) accompany me in the meeting. However as your aware I'm pregnant and i have had pregnancy related illnesses recently brought on by the stress of this whole situation, including cramp and bleeding down below. Therefore if on the day i have such symptoms i shall not be able to attend as i shall have to go attend Hospital or my GP Surgery as a matter of urgency, and i shall notify you as soon as possible to do so if i have such difficulties.

My concern is that the stress of having to attend the meeting at the nursery may cause such symptoms to reoccur which is a risk to my pregnancy. Therefore i would be grateful if you would consider holding the meeting at my home instead of at the nursery. Though my Partner/Husband will be present in a supporting role and as such (enter name of friend) will not be needed to accompany me!

If you could please email me your response to (enter email address) to let me know if your willing to change the location of the meeting to my home or not. Please do not try to contact me by phone and keep all communications in writing only either by standard postal services or by email!

Yours Sincerely

Edit/delete parts in red accordingly.

As you can see in the letter where giving them the option to hold the meeting at your home in order to prevent causing your OH additional stress that may cause her stress related pregnancy issues to reoccur. Its sneaky, but if they refuse knowing that such pressure on her having to attend the meeting at the nursery would cause a risk to her pregnancy and the potential consequences for her and the baby, then it would not be seen as reasonable behavior and it would also amount to a breach of their duty of care towards your OH which is a contractual duty placed on employers! Also if they agree to have the meeting at your home, it opens the door for you to be present to support your OH during the meeting and even speak for her if its too much for her. Though if they do not agree to hold the meeting at your home, your OH will then no choice to attend the meeting at the nursery in order to show at a later date to a tribunal that she acted reasonably at all times, though off course if she does suffer any re-occurrence of symptoms you will have to inform the nursery she won't be able to attend as a result and that you'd like to rearrange the date of the meeting!

If the one taking minutes tries to get involved in the meeting in any other capacity other than that of minute taking and asking you to repeat what was said for the sake of the minutes, then your partner can object and request that the meeting be postponed to another date with another person present to take the minutes! If they refuse your partner can walk out of the meeting on the basis that she objects to the minute taker contributing to the meeting outside her/his capacity as the the minute taker.

[RJH]

Re: Pregnant and made redundant - HELP

@teaboy2 @matt3942 @Amethyst - hoping one of you can give me some advice URGENTLY.

The nursery are claiming they haven't received their letter yet, I will check this later on the Royal Mail later on as they don't usually update it until about 2:30pm/3pm..

However, the admin girl has just called my OH and left her a VM asking her to confirm if she is attending, so telling her to call back or email back.
They have my OH's email address and I'm under the assumption that everything should be documented now, with no verbal communication? The nursery want an answer before 3pm.

Also the admin girl kept saying 'we haven't heard', 'we this and we that', so it is clearly being discussed between all of them there.

What do I do?

[Amethyst]

Re: Pregnant and made redundant - HELP

Have you emailed the letter to the Nursery ? Might be an idea if they are saying they haven't yet received it.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] [MENTION=6]Amethyst[/MENTION] I've now checked and both letters are received at both the nursery and the other owners house. What shall I do now? I've got proof they have had the letter on site, before they've phoned my OH. My OH has also just said that the VM she has is the admin girl telling her the owner has told her to phone her to ask about tomorrow.

[Amethyst]

Re: Pregnant and made redundant - HELP

Okay in the letter you have indicated you may not be able to attend so I really don't think it can hurt to confirm by email that she will be attending so long as everything is okay. No other discussion though - just that she will be attending with x at 10.30 ...

[RJH]

Re: Pregnant and made redundant - HELP

We have asked that it is postponed as we have made a request for someone else to attend other than work colleagues (due to lack of trust in them) and she isn't a member of a union.

I have the screenshot of proof of signature, so I may just email them and say that you have had our response and the proof is attached.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION] email received back from the owner attached.

One point of interest is that the other owner R, who was initially taking notes, is now no longer attending according to this guy.

I will be going as support tomorrow to sit outside the room.

Can you please give me any advice I can pass on to my OH as to what to say, what not to say, whether she should agree to anything etc.

Thank you.

- - - Updated - - -

Helps if you attach the thing! Now attached.

[teaboy2]

Re: Pregnant and made redundant - HELP

Just tell her to stick to the facts of the matter from her side of things, and if they ask her to agree to anything tell her to tell them that shes not willing to make any agreements unless the terms of which are put to her in writing for her to then seek further advise on prior to either agreeing or declining!

This is her grievance so its for your other half to get her side across, its not for them to make demands or to put their side across. They will have to take onboard what your OH says and the issues she raises and then investigate them, prior to holding a final grievance hearing with the outcome of their grievance decision! Its also not the place for them to be offering her anything, but if they do, then its a sign the pressure is being felt by them and they are worried! But like i said if they do offer anything for her to agree too, such as a settlement agreement, shes to tell them to put it in writing so she can seek independent advice prior to deciding if she accepts or not!