Pregnant and made redundant - HELP

[RJH]

Re: Pregnant and made redundant - HELP

Apart from trying to restrict the points of the grievance, no not really, well not more than they already have done anyway. But they have still to produce the documents requested yet, so lets wait and see!

Everyone knows these documents have never been produced, but what happens if (as I suspect they might) they produce some and make it look out like she has signed them?

[teaboy2]

Re: Pregnant and made redundant - HELP

Everyone knows these documents have never been produced, but what happens if (as I suspect they might) they produce some and make it look out like she has signed them?

She would not have signed anything related to the selection matrix. I wouldn't worry to much about it and just wait and see what they come up with.

[RJH]

Re: Pregnant and made redundant - HELP

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

Further update today - a letter with her wage slip saying they won't pay her until the uniform is back (has to be before the 28th supoosedly). They have paid her 14.70 hours holiday pay totaling £95.55, plus SSP of £265.35 then had £66.62 deducted off her for being ill on 26th June (when she went to the doctors) as they had already paid her that apparently.

1. Can I email the owner to advise him of this letter (he won't be aware it has been sent I'm sure) and that I'm aware it is unlawful and breach of contract? Also, what about getting a letter sent back to them ASAP to advise them of the unlawfulness? Can this be used against them in a tribunal too?

2. How do I send it back via the post office and make them pay the postage?

Thanks,

- Rob

[matt3942]

Re: Pregnant and made redundant - HELP

Thanks for the update [MENTION=59438]RJH[/MENTION]

Perhaps I'm missing something but what part of the letter do you consider to be unlawful?

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

The bit where they are saying until the uniform is returned they won't pay her the wages? Unlawful might be the wrong word, but surely they can't do that?

[matt3942]

Re: Pregnant and made redundant - HELP

Hi [MENTION=59438]RJH[/MENTION] - It's not uncommon but it should be referred to in the contract or employee handbook (or elsewhere), in which case it is lawful.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] - thanks for the info - as far as I know, there was no mention in the contract of this, and my OH never received a copy of any handbook to take home, although the nursery claim she would have signed something similar when she first started.

[matt3942]

Re: Pregnant and made redundant - HELP

[MENTION=59438]RJH[/MENTION] - No, it wasn't referred to in the contract. It might be in the employee handbook though. It doesn't necessarily matter that your OH wasn't given a copy to take home if she knew it existed and how to access it.

In any case it's not really an issue as there's no reason why you can't return the uniform.

- Matt

[RJH]

Re: Pregnant and made redundant - HELP

I will have it sent back tomorrow so they can't say anything then.

[Amethyst]

Re: Pregnant and made redundant - HELP

Did she claim tax relief on washing her uniform ?

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=6]Amethyst[/MENTION]

No, but she could so that couldn't she? Where is best to do that online?

[Amethyst]

Re: Pregnant and made redundant - HELP

https://www.gov.uk/government/public...employment-p87 ( think it'd be about £60 ) - there's a step by step on MSE http://www.moneysavingexpert.com/rec...orm-tax-rebate

Claiming for first time? You need to do it by post

Fill in the P87 form online, print it out and send it to Pay As You Earn, HM Revenue and Customs, BX9 1AS. Write 'Repayment Claim' on the envelope to speed things up. You'll need to fill in one form for each year you're claiming for.

I don't know if she would be eligible but worth having a look at, every little helps

[RJH]

Re: Pregnant and made redundant - HELP

Cheers, appreciate the tip-off

[teaboy2]

Re: Pregnant and made redundant - HELP

Had they definitely paid her for the 26th June? If you look back at her last payslip it should say the dates as to the pay period, check that payslip tallies up and if they hadn't paid her for the 26th then that would be an unauthorized deduction. Because if she wasn't paid previously for the 26th, and they then deducted £66 for the 26th under the assumption she was paid it as part of her last pay package, then they will have actually deducted an extra days pay that should not have been deducted - Basically deducted the amount twice!

I find it odd that given there is an appeal going on they have felt the need to withhold wages for the return of the uniform? (Clearly states the pay can not be sent til uniform returned, that sounds like her wages won't be paid till uniform returned) - maybe its a sign they have pre-decided the outcome of the appeal? Did she have to pay for the uniform or was it given to her for free? If she paid for it, then she doesn't have to return it and they should not be deducting anything from her wages!

If you can manage without her wages for a few days after the 28th July, then i would be tempted to not return the uniform just to see if they pay her wages in part or withhold the full amount, which would amount to an unauthorised deduction if they withheld her wages in full.

[RJH]

Re: Pregnant and made redundant - HELP

Had they definitely paid her for the 26th June? If you look back at her last payslip it should say the dates as to the pay period, check that payslip tallies up and if they hadn't paid her for the 26th then that would be an unauthorized deduction. Because if she wasn't paid previously for the 26th, and they then deducted £66 for the 26th under the assumption she was paid it as part of her last pay package, then they will have actually deducted an extra days pay that should not have been deducted - Basically deducted the amount twice!

I find it odd that given there is an appeal going on they have felt the need to withhold wages for the return of the uniform? (Clearly states the pay can not be sent til uniform returned, that sounds like her wages won't be paid till uniform returned) - maybe its a sign they have pre-decided the outcome of the appeal? Did she have to pay for the uniform or was it given to her for free? If she paid for it, then she doesn't have to return it and they should not be deducting anything from her wages!

If you can manage without her wages for a few days after the 28th July, then i would be tempted to not return the uniform just to see if they pay her wages in part or withhold the full amount, which would amount to an unauthorised deduction if they withheld her wages in full.

Hi [MENTION=19071]teaboy2[/MENTION] - she has been off sick for the past 4 weeks, and I the 26th was the first day off she had where she went to her doctors. She has never received her payslip for June (I just text her asking her to find the payslip and send it, and she is adamant she hasn't ever had that one).

Interesting point that you bring up too about them having already decided the outcome of the appeal as can be clearly interpreted from the letter - how will this stand in a tribunal considering that they haven't actually responded back to the grievance yet?