Pregnant and made redundant - HELP

[teaboy2]

Re: Pregnant and made redundant - HELP

Well all contracts have a probationary period, the fact is their is nothing on the letter to suggest the contract was fixed term, such as the second contract she was forced to sign!

[RJH]

Re: Pregnant and made redundant - HELP

Still haven't heard anything back from the grievance meeting, makes me think they are finding things a bit tough perhaps?!

[teaboy2]

Re: Pregnant and made redundant - HELP

They may well be. If i remember correctly they said 10 days did they not?

[RJH]

Re: Pregnant and made redundant - HELP

Yeah they did say 10 days, but I know they haven't got most of the things we asked for, if any at all.

[teaboy2]

Re: Pregnant and made redundant - HELP

Yep thats true, and i honestly doubted they would even have a selection matrix to be honest, so i expect that will be a amateur mash up of a job when and if they send you a copy! - Hence why i said to ask for one!

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION] grievance response received.

I'm at work so haven't got time to write everything I feel about it but a couple of points:

- none of the documents we requested have been sent
- Point 8 - Surely the manager should have notified other staff, as they were aware of the emergency hospital visit.
- my OH has told me today that the girl who started after her had 'temporary' on her contract from the start, whereas she didn't.
- It was never advertised as temporary and what's more is that my OH was already working for a nursery in a FT position and would never apply for temporary work.
- She's just text the following - 'Half of that is crap, I wasn't put on light duties, they did know I was at the hospital and I've never been told I'm temporary ever.'
- Why would they take her on if she didn't have the so-called required qualifications? She told them that she would do the qualification once she had settled into the role, then she fell pregnant, so she wouldn't be able to complete in any case now.

She definitely hasn't had a risk assessment either!

Fuming to be honest although I didn't expect anything more.

Thoughts, comments and assistance required please.

Can someone knock up a grievance appeal letter please? It is clearly going to ACAS in the end.

- - - Updated - - -
[MENTION=67649]matt3942[/MENTION] [MENTION=19071]teaboy2[/MENTION] grievance response received.

I'm at work so haven't got time to write everything I feel about it but a couple of points:

- none of the documents we requested have been sent
- Point 8 - Surely the manager should have notified other staff, as they were aware of the emergency hospital visit.
- my OH has told me today that the girl who started after her had 'temporary' on her contract from the start, whereas she didn't.
- It was never advertised as temporary and what's more is that my OH was already working for a nursery in a FT position and would never apply for temporary work.
- She's just text the following - 'Half of that is crap, I wasn't put on light duties, they did know I was at the hospital and I've never been told I'm temporary ever.'
- Why would they take her on if she didn't have the so-called required qualifications? She told them that she would do the qualification once she had settled into the role, then she fell pregnant, so she wouldn't be able to complete in any case now.

She definitely hasn't had a risk assessment either!

Fuming to be honest although I didn't expect anything more.

Thoughts, comments and assistance required please.

Can someone knock up a grievance appeal letter please? It is clearly going to ACAS in the end.

[teaboy2]

Re: Pregnant and made redundant - HELP

What a load of crap, so convenient to name the criteria but not provide documented evidence and to give her 0 out of 3 despite saying and therefore saying that your OH failed on Team work, flexibility, communication, adaptability and potential.

As for saying your OH signed a probationary contract - Funny thing is, it doesn't say its a probationary contract and no company i have ever heard of offer probationary contract that do not turn into full time contracts. Probationary period is a term in a full time or fixed term contract, they are rarely if never used as contracts in their own right!

And what is this about text message evidence?

Also if they truly believed your OH was contract ended 31st July, then why make her redundant or subject her to the selection matrix, which they must still supply, when all they had to do was simply not renew her contract - Perhaps because her original contract was full time, its irrelevant if the employer give her a full time one instead of a 3 month probationary period one. Also the fact she was given a full time one, casts absolute doubt on their claim all employees are given six month fixed term contracts with 3 month probationary period, because if that was the case, they how can they possibly have printed templates for 3 month fixed term contracts when the standard contract is 6 months fixed term which included 3 months probation! So their claim that she was given a 3 month one makes so sense when you take into account they do not offer 3 months contracts and the minimum term for fixed term contracts is 6 months! Not to mention that fact the original contract failed to state it was fixed term either for 3 months or 6 months or fixed to any duration at all - So the original contract proves they have lied in there response about that, and therefore casts doubts on everything else they have said!

So @matt3942 doesn't have to trawl through the thread heres the post with the original contract - http://www.legalbeagles.info/forums/...110#post554110

It clearly states - "The employee started work of the 21st of Janaury 2015. This position is subject to a satisfactory 3 month probabtionary period which will be reviewed on or before 21st April 2015" This review resulted in them adding and additional 3 months after the manager (not the same manager as one that took her on) said the original manager had made a mistake and it should have been 6 months probation. After that, it was only when she told the employer on 19th May 2015 that she was pregnant did they force her to sign a temporary contract - If thats not a coincidence i don't know what is.

On top of that section two is titled - Started Date and continuous employment (continuous is not fixed term, its full time - Unless their is a term elsewhere to state its fixed term and give an end date) If this was a mistake, then they committed contractual misrepresentation, which resulted in the RJH's OH giving up a full time job that she would have never have given up if she had known it was temporary. But its not temporary, it wasn't advertised as such either! (RJH where was the job advertised in news paper or job centre! - Try and get a copy if you can)

Also reference qualifications, there is no term in the contract about qualifications being required or training to achieve said qualifications! Neither does the second contract dated 21st April but RJH OH was forced to sign and backdate on the 12th June - Notified them she was pregnant on the 19th may - So why was she given a new contract and forced to sign it, if her probationary period had been extended under her original contract to 6 months (ending at end of July)? Doesn't make any sense as they are clearly messing her about here due purely to the fact she told them she was pregnant and they do not want to cost of pay maternity pay.

Therefore the original contract was never terminated by way of notice (Breach of contract) - Plus the hours in the second contract are 19 where as the hours in the original are 18, a minor point i know.

So the contracts (neither) rely on her having qualifications or being willing to train towards said qualifications!

I think you should send a SAR requested all company documents where here name is reference or that relate to her employment, including electronic documents (i.e. text messages and emails), Copy of selection matrix, copy of directors/board meeting for the dates mentioned in the grievance outcome, copy of original contract and one signed in may! See if the contracts come up stating different terms to what the copies you already have state!

Also how can they not be aware your partner was in hospital, when you called in for her, or your OH called in. Break down in communication on their part is their responsibility and therefore they can not deny they did not act unreasonably on the basis the person making the calls wasn't aware you or you partner had called id to say your OH wouldn't be there! And they gave members of staff scores of 3 when clearly they failed shockingly when it comes to communication, team work etc etc themselves!

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] I'm on my phone so probably won't be able to reply to your whole message, although I have read it and I'm grateful for your input and thoughts.

I'm working on getting the text messages as my OH may still have them, and from what she says it was about signing the additional probation period possibly, but with no mention of it being temporary now!

If the SARS is the request for all info that they have relating to my OH that they should provide within 40 days then she handed this request over at the meeting already?

We requested the selection matrix amongst other things at the meeting and they haven't provided any of that stuff either? This includes the job advert too.

With regards to the staff they were aware because they knew she was bleeding and the doctor called her several times at work trying to get the emergency scan arranged. I know that manager referred to as Z earlier in the thread even answered the phone to the doctor!

There was never a risk assessment done for her pregnancy and there has been no consulation period for the 'redundancy'.

With regards to the hours, there was a discussion where they were actually looking to increasing her hours, so how they can say they have none in September is strange!

[teaboy2]

Re: Pregnant and made redundant - HELP

Ok get a statement from her doctor confirming he called her work on to arrange the emergency scan, thereby confirming the staff did know about it!

You then have to write an appeal letter whereby you counter the points they made one by one, though request the appeal be held after they have complied fully with your subject access request!

Though you need to look at contacting ACAS and arranging early conciliation too! but you still got 3 months, up to 21st October.

[RJH]

Re: Pregnant and made redundant - HELP

Ok get a statement from her doctor confirming he called her work on to arrange the emergency scan, thereby confirming the staff did know about it!

You then have to write an appeal letter whereby you counter the points they made one by one, though request the appeal be held after they have complied fully with your subject access request!

Though you need to look at contacting ACAS and arranging early conciliation too! but you still got 3 months, up to 21st October.

[MENTION=67649]matt3942[/MENTION] - can you help with the letter because I have no idea where to start?
[MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] - Text message from June 11th - surely this indicated she has been made to backdate any signed contract?

[teaboy2]

Re: Pregnant and made redundant - HELP

Yes it does given the date of the text where she replies to your OH saying "no that was just your review, i shall print another off and we shall do it tomorrow" being June 11th 2015 The fact they print them off means the contracts are based on a template stored on the computer, so i doubt they have 3 month probationary contract only templates fixed to 3 months only. Just the full time one with 3 month probation and a 6 month fixed term ones probably exist!

Is the messages about the scan and them calling from the time of the emergency scan and about all the calls from work when OH had time of for the emergency scan? If so, can you bang them up for us too!

[RJH]

Re: Pregnant and made redundant - HELP

Yes it does given the date of the text where she replies to your OH saying "no that was just your review, i shall print another off and we shall do it tomorrow" being June 11th 2015 The fact they print them off means the contracts are based on a template stored on the computer, so i doubt they have 3 month probationary contract only templates fixed to 3 months only. Just the full time one with 3 month probation and a 6 month fixed term ones probably exist!

Is the messages about the scan and them calling from the time of the emergency scan and about all the calls from work when OH had time of for the emergency scan? If so, can you bang them up for us too!

Yeah the messages are about that, I've asked her to send me them when she gets to where she's driving now. Funny that the evidence they have is the message I've shown you with the date on!

Also, the doctor is providing a letter today that should be getting collected this afternoon so I'll post that up later.

[RJH]

Re: Pregnant and made redundant - HELP

[MENTION=19071]teaboy2[/MENTION] text message attached. Pertains to the day of the hospital scan. The way the text reads as '....lost it' reads as though Z is clearly aware of the situation.

[RJH]

Re: Pregnant and made redundant - HELP

Doctors letter attached now too.

- Rob

Edit - I've just realised too that we have 7 days to appeal and he's out the date as the 24th where we didn't receive it until yesterday! So I need an appeal letter back on or before the 31st?

[RJH]

Re: Pregnant and made redundant - HELP

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

Sorry to keep pestering, do we need to get that grievance back by tomorrow? Or at least dated tomorrow?