Pregnant and made redundant - HELP

[matt3942]

Re: Pregnant and made redundant - HELP

I completely agree with [MENTION=19071]teaboy2[/MENTION] - It does seem as though the other owner is more reasonable but we'll wait to find out what happens tomorrow.

All the best.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION] I have postponed the meeting this morning because she has had a rough night with her back pain etc. so it will be held next week, just waiting on confirming a date. I suppose it will allow more time to prepare what she wants to say too.

Thanks for your advice so far, it's a great help.

- Rob

[teaboy2]

Re: Pregnant and made redundant - HELP

Ok cheers for letting us know, guess the worry of having to attend the meeting too isn't doing her any good either.

[RJH]

Re: Pregnant and made redundant - HELP

So just to keep you all updated, the meeting is now this Thursday at 09:30 at an alternative venue. Having an off the record chat with a member of my company's HR dept., I'm led to believe even further that the nursery are going to find things difficult as they are in breach of contract amongst other things, like not having a meeting for the change of contract, no consultation, no risk assessment etc.?

I guess Thursday is going to be quite interesting.....

[matt3942]

Re: Pregnant and made redundant - HELP

Thanks [MENTION=59438]RJH[/MENTION] - I'm pretty sure we covered breach of contract, risk assessment etc. in previous replies.

All the best for Thursday's meeting.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION] could you possibly help with a list of questions my OH should be going in to ask? She is worried a little now because she isn't too confident in this kind of situation and would prefer some questions to be written down in front of her that she can then take notes on from the answers she receives.
Thanks,

-Rob

[matt3942]

Re: Pregnant and made redundant - HELP

Good morning @RJH - I'm just checking in quickly.

Remember, the grievance meeting is not intended to be a Q&A session. The purpose of the meeting is for your OH to voice her grievance - she needs to iterate the points we've made already in writing, i.e. the contract was intended to be permanent, she was coerced into signing a temporary contract, there was no risk assessment carried out on finding out she was pregnant, she's been made to feel uneasy about taking time off to attend appointments, the timeline of events doesn't support the reasons given for dismissal etc.

@teaboy2 may wish to add more specific pointers - I'll try to check in again later.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

Evening [MENTION=67649]matt3942[/MENTION] and thanks for the advice.
[MENTION=19071]teaboy2[/MENTION] is there anything else you can add to help?

I have got a letter ready to be handed over at the meeting to obtain my OH's personnel file via a subject access request under the Data Protection Act 1998 c.29 Part II Section 7.

I have tomorrow to get everything set out and straight for my OH to go in and 'discuss' so any help is appreciated.
As far as the meeting goes, we will appeal the outcome so that ACAS can see we have tried and tried with the nursery.

[RJH]

Re: Pregnant and made redundant - HELP

Further to my last post, please find copies of the notes I have made for my OH so far for her meeting, and a letter to request personnel file.

The comments in red text I wanted to check were OK to mention or ask during the grievance meeting?

Thank you

- Rob

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION] - just another flying visit! I'll try to look at the notes you've made tomorrow.

Don't forget, this is the grievance appeal meeting, even though the initial grievance investigation was a farce. You probably won't be able to appeal against the outcome of this meeting. We'll have to wait to see what the employer says.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

Thanks [MENTION=67649]matt3942[/MENTION], look forward to your views

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION]

Here are my thoughts on the grievance meeting notes PDF:

Point 1. I wouldn't go as far as to suggest they made your OH redundant because they didn't want to pay SMP. That is speculation. Just stick to suggesting they made your OH redundancy because of her pregnancy.

Point 14. There is no relevant legislation here. The ACAS code of practice says the process must be completed without unreasonable delay. I think we said the employer failed to follow its own grievance procedure by not inviting your OH to a grievance meeting after the grievance was raised. I would check the employer's grievance procedure for timescales.

IMO asking for a formal letter of apology is over the top and likely to incense the employer. I wouldn't do it.

As for the Subject Access Request letter - has your employer said the cost is £10? It not I wouldn't send anything. Employers don't have to charge for this so I would wait to see what they say.

- Matt

[teaboy2]

Re: Pregnant and made redundant - HELP

Hi guys, sorry been up to my eyeballs in work last couple of days, so haven't had chance to visit the forum.

Reference questions to put to the employer. I would ask for them to provide a copy of or details as to their redundancy selection matrix and confirmation as to how many others where selected to face redundancy and explanation as to why they were not selected and your OH was, along with results after the selection matrix process was completed. A selection matrix is basically a tool where people are selected based on certain criteria, such as those found here - http://www.acas.org.uk/index.aspx?articleid=4557

[RJH]

Re: Pregnant and made redundant - HELP

Hi @RJH

Here are my thoughts on the grievance meeting notes PDF:

Point 1. I wouldn't go as far as to suggest they made your OH redundant because they didn't want to pay SMP. That is speculation. Just stick to suggesting they made your OH redundancy because of her pregnancy.

Point 14. There is no relevant legislation here. The ACAS code of practice says the process must be completed without unreasonable delay. I think we said the employer failed to follow its own grievance procedure by not inviting your OH to a grievance meeting after the grievance was raised. I would check the employer's grievance procedure for timescales.

IMO asking for a formal letter of apology is over the top and likely to incense the employer. I wouldn't do it.

As for the Subject Access Request letter - has your employer said the cost is £10? It not I wouldn't send anything. Employers don't have to charge for this so I would wait to see what they say.

- Matt

Hi [MENTION=67649]matt3942[/MENTION]

I've amended as per your suggestions.

The subject access letter - I'm aware they can charge up to £10, so is it best to take something just in case? I'll give them the letter in any case.

- - - Updated - - -

Thanks [MENTION=19071]teaboy2[/MENTION] I've added the matrix part in

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION] - You can take £10 along in case but I wouldn't include it in the envelope in case they don't open it there and then and later deny having received £10. It's a petty amount but still.

- Matt