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Pregnant and made redundant - HELP

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  • RJH
    started a topic Pregnant and made redundant - HELP

    Pregnant and made redundant - HELP

    My fiancée has today received a letter telling her that her employer is making her redundant as of 21/07/15.

    Now I will post a full account of everything once I have all of the relevant details but there has been numerous incidents that have taken place which are a bit dubious, such as:
    1. The job was taken on the basis that it was permanent after 3 months, starting January 21st, to be reviewed on April 21st, and continuous employment being offered as a result of a satisfactory review - which it was. At this review, the previous manager who had employed her had left, and the new management had said that she had made an error and it should have been 6 months, so put an extra 3 months on there.
    2. Since notifying them that she is pregnant, the staff have become shifty, pretty much pressured her into a contract saying it was now a temporary contract - the comment made to her was you need to sign it as I need it back quickly as it should have been done a while ago. On top of that, they have started to move her out of her usual room (works in a nursery), into another one for no reason and didn't give her a reason.
    3. They have been fully aware that today was our 12-week scan, and as she was leaving the building, she was pulled to the side in the corridor and given a letter informing her of her redundancy - I am not happy with this either as this has put undue stress and worry on her on the day we have been for a scan.
    4. There was a staff meeting last night and it was mentioned that the managers were not looking at the hours until next week (i.e. w/c 22/06/15) so how come today she has a letter telling here there are no hours.
    5. No hours available in September, however one lady is retiring, another may be reducing her hours, so clearly there are hours available.
    6. The management have been covertly bullying her regarding her pregnancy - the scan date/time was decided by the hospital and the management have made comments, basically ordering her to ensure any further appointments were to their satisfaction. Further instances of covert bullying include being excluded from certain tasks, being made to do jobs others don't want to do.


    I am aware the unfair dismissal option can't be used as she has been there under 2 years, but what else would we be able to claim for?

    I'm not going to let them have an easy ride about this because it is clear that things have changed since she has said she is pregnant and it appears quite clearly that they are getting rid of her for this reason as they don't want to pay her on maternity.

    Advice would be most welcome, I was declared bankrupt a couple of years ago, so funds are hard to come by, and my fiancée is now 13 weeks pregnant and we are trying to run a house and take care of her 5 year old daughter too at the same time off what is now my one wage.

    Also, before I forget, is it worth sending the workplace a letter stating that she will not be completing the 4 week notice as she feels bullied and pressured and that we are looking to take action?

    Thanks
    Tags: None

  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    [MENTION=19071]teaboy2[/MENTION]

    Letter emailed over now anyway, will wait to see what happens

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    [MENTION=19071]teaboy2[/MENTION] - Email sent across with a letter for you to check. I will send this in the post and via email tomorrow too.

    Let me know your thoughts ASAP please

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    [MENTION=19071]teaboy2[/MENTION] email sent back to you mate, sorry for the delay. I think court might be better with this, easier to prove things? What timescales do I have for this route, is it the same as an ET?

    Leave a comment:


  • Trev1234
    replied
    Re: Pregnant and made redundant - HELP

    Sorry to hear - on for the long haul now! B********! Do you now have a month to submit ET1 and have they not yet ground the life out of you!

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    [MENTION=19071]teaboy2[/MENTION] [MENTION=67649]matt3942[/MENTION] - Certificate from ACAS issued. Nursery weren't prepared to negotiate. [MENTION=19071]teaboy2[/MENTION] email waiting for you mate.
    [MENTION=57704]Trev1234[/MENTION] - Looks like I'm ahead of you now

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    So 8 days ago, ACAS were going to get back in touch with me once the respondents had replied.

    Fast forward 8 days to today, last night I sent exact figures of what I want, and again I have another response saying that I will received correspondence once the respondents reply.

    Surely they are taking the pi$$ with how long they are taking to get back in touch?

    Leave a comment:


  • Trev1234
    replied
    Re: Pregnant and made redundant - HELP

    I got an email today suggesting ....

    "I have been informed by the Respondent's that they will not be making a decision as to whether they will use early conciliation until after your appeal hearing.

    This is quite common for employers to wish to exhaust the internal process, and is something we would actively endorse where possible."

    Whilst I agree with this and initiated ACAS process because of the deadline of 29th - it is I who have attempted to exhaust the process not the respondent!

    Good luck!

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    Haven't heard off ACAS for 7 days now, so I've sent an email back to the conciliator regarding what we want as a settlement!

    Leave a comment:


  • Trev1234
    replied
    Re: Pregnant and made redundant - HELP

    Rob - same here, they are coming back. I have an appeal 29th of this month (3 months after dismissal) so any feedback will be interesting!

    Judge - hear you loud and clear, though this person didn't really want the bare facts. I had drafted a short note to assist in the position for them to understand.

    I also agree they are simply sign-posting to seek a potential resolution.

    Leave a comment:


  • judgemental24
    replied
    Re: Pregnant and made redundant - HELP

    Contrary to popular belief ACAS conciliators are not under any statutory duty to give advice or evaluate the merits of any claim made. Section 18 Employment Tribunals Act states that they only have a duty to promote a settlement.

    iF I WERE YOU I WOULD DO A CONCISE WITNESS STATEMENT WHILE THINGS ARE JUST BEGINNING

    You can then Email THE ACAS Conciliator assigned that satement. If the employer instructs representation they will need it as well. You need to keep it to succinct paragraphs and in order of events as they happened. Keep it to one sheet of A4.

    You need to keep it objective on established facts, not opinions. I know it is hard being not legally minded but try and not to waffle. That is not the role of ACAS, they only require the bare minmum facts of the case.

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    Hi [MENTION=57704]Trev1234[/MENTION], my ACAS call lasted 33 minutes, but they couldn't wait to get off the phone and refused to listen to half the things I wanted to say.

    They are getting in touch with the nursery now, who are going to 'get back to them' apparently. I didn't find them very good to be honest.

    "I need to rush you as I have other calls to make" was one statement that was used a few times by the ACAS lady - I didn't think that was too 'nice' considering I need to put my facts across to them.
    [MENTION=19071]teaboy2[/MENTION] - I've sent you a couple of emails mate as they wanted to know about figures based on some kind of scale but I have no knowledge of said scale?

    Leave a comment:


  • Trev1234
    replied
    Re: Pregnant and made redundant - HELP

    Hey Rob how did your ACAS call go? Mine was ten minutes and though I had sent a short document outlining the position they didn't bother to read it. Next step talking to employer - though if they had wanted to listen I wouldn't be at ACAS now!

    Anyone any idea how effective ACAS can be with Councils?!

    T

    Leave a comment:


  • Trev1234
    replied
    Re: Pregnant and made redundant - HELP

    Let's swap notes I got my number this AM!

    Leave a comment:


  • RJH
    replied
    Re: Pregnant and made redundant - HELP

    ACAS reference number obtained, will be speaking to them in the next day or two to get early conciliation well underway!

    Leave a comment:

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