Dismissed while on Maternity Leave

[NK1]

Re: Dismissed while on Maternity Leave

Thanks very much Kati. Much appreciated.

[judgemental24]

Re: Dismissed while on Maternity Leave

I will blow them up when i get home

Bad eyesight ime afraid

[mariefab]

Re: Dismissed while on Maternity Leave

The new manager acknowledges that they were mistaken and has rescinded the automatically unfair dismissal, so that's a good sign if jobs are hard to come by in your area and you wanted to return after your maternity leave. But it's entirely up to you.

However, based on the email evidence in your first post, you have a pretty ironclad case of maternity-related discrimination.
Regardless of whether,or not, you return.

[mariefab]

Re: Dismissed while on Maternity Leave

In section 8.1 of your ET1, did you tick the boxes 'I was discriminated on the grounds of' and 'pregnancy or maternity'?

[matt3942]

Re: Dismissed while on Maternity Leave

Sadly I can't see the attachments on my smartphone; however, you cannot use the Agency Worker Regulations if you are an employee of the agency and, as I understand it, agency workers are not entitled to maternity leave.

- Matt

[NK1]

Re: Dismissed while on Maternity Leave

Thanks very much mariefab.


I am very hesitant to go back and work through the same agency for very obvious reasons. It's a shame as I loved working at the host company and had a great relationship with all my colleagues.

Yes, I did tick the box for Maternity/Pregnancy discrimination in section 8.1 on ET1 form.

The Preliminary hearing went well and the only thing the respondent came back with was questioning about the time bar issue as the initial discrimination happened in November 2014 around the meeting with the Manager. Any suggestions of how to overcome this issue? Or how does this affect my case?

[mariefab]

Re: Dismissed while on Maternity Leave

I don't see any discrimination in your description of the November meeting.
The discrimination started in May and you seem to have submitted your claim in good time.

[NK1]

Re: Dismissed while on Maternity Leave

I don't see any discrimination in your description of the November meeting.
The discrimination started in May and you seem to have submitted your claim in good time.

Apologies Mariefab. Just realised I haven't mentioned in detail about Victimisation which started in October/ November 2014 when I informed the AM about my pregnancy.

End of September 2014- I questioned my holiday pay which was being unfairly deducted and I also expressed a few queries I had regarding my maternity leave via e-mail to AC. I then met with AM, in branch, on 17 October 2014, where he was still unable to answer my queries.


As the agency had failed to answer or resolve these queries in over 6 weeks, on 3rd November 2014, I was forced to seek assistance from Acas, to begin the Early Conciliation Process for unfair deduction of holiday pay. I informed AM of my intentions to go to Acas, as after numerous e-mails, he had not answered my queries nor given any explanation as to why they could not be answered. Because I had complained, AM sent me an e-mail finally calling me in for a meeting sending a confirmed date and time after cancelling a few times (November 2014** mentioned in my original post). He concludes the same e-mail stating “we will discuss your continued employment”. Only then on 5th of November 2014, after I had contacted Acas did AM attempt to resolve my queries saying it was system error and they will repay me the difference as a "good gesture" . Therefore, I requested Acas to close the conciliation process as the agency paid it back to me shortly after this meeting. (There were around 20 employees working in my office through the same agency and none of them had any issues regarding holiday pay and even if any of them did it was resolved immediately. Including my husband as he worked through the same agency for the same host company but in a different department/office).

Then in Feb 2015 the lady who was brought in was not employed to cover my maternity but replace me as neither the employer (Agency) nor the host company I worked for informed her it's maternity cover. Which was again discussed and confirmed during the meeting in November 2014.



Prior to raising these questions, and informing about my pregnancy there had been no issues and my continued employment had not been in doubt. I was then subsequently dismissed in May 2015, whilst on maternity leave.

Hope this makes sense.

[matt3942]

Re: Dismissed while on Maternity Leave

Hi [MENTION=54654]NK1[/MENTION]

It does appear as though you are an employee of the agency. Therefore, the Agency Worker Regulations do not apply; however, you are entitled to the same rights as an employee.

In your case this includes the right to maternity leave but not statutory maternity pay (as you've said already). You may be eligible to claim Maternity Allowance (your employer should have given you an SMP1 form).

You also have the right to return to work in the same job (unless this is not reasonably practicable). As I understand it this means the agency does not have to offer you the same assignment; however, the assignment must be suitable and appropriate, and on the same terms and conditions (i.e. your pay must be at least the same).

IMO the agency has dismissed you unlawfully because of maternity/pregnancy. I can't see a description of a meeting in November 2014 (I've probably overlooked it) but it seems to me the discrimination did not occur until May 2015, when you received your P45.

I wish you all the best in your claim.

- Matt

[NK1]

Re: Dismissed while on Maternity Leave

Hi @NK1

It does appear as though you are an employee of the agency. Therefore, the Agency Worker Regulations do not apply; however, you are entitled to the same rights as an employee.

In your case this includes the right to maternity leave but not statutory maternity pay (as you've said already). You may be eligible to claim Maternity Allowance (your employer should have given you an SMP1 form).

You also have the right to return to work in the same job (unless this is not reasonably practicable). As I understand it this means the agency does not have to offer you the same assignment; however, the assignment must be suitable and appropriate, and on the same terms and conditions (i.e. your pay must be at least the same).

IMO the agency has dismissed you unlawfully because of maternity/pregnancy. I can't see a description of a meeting in November 2014 (I've probably overlooked it) but it seems to me the discrimination did not occur until May 2015, when you received your P45.

I wish you all the best in your claim.

- Matt

Thanks Matt

Yes, I am receiving Maternity allowance.

With regards to going back to the same job- I was told I will be going back to the same job when I returned unless the contract between the host company and the agency was to come to an end. Which is very unlikely at this stage as I am still in touch with my colleagues.

I have just detailed about my November meeting in the above post.

[matt3942]

Re: Dismissed while on Maternity Leave

Thanks [MENTION=54654]NK1[/MENTION] - we must have posted at the same time.

As far as I can make out the discrimination didn't occur until May 2015.

Who told you that you would be going back to the same job?

I could be wrong but my understanding is that your job, as per your contract, is non-specific - the work you've been doing is not the job specified in your contract - so your employer would simply need to offer you a similar assignment on your return, to satisfy their legal requirements.

- Matt

[mariefab]

Re: Dismissed while on Maternity Leave

OK, I think I see what you believe is the discrimination in November.
The 'we will discuss your continued employment' and that any other employees problems with holiday pay were quickly resolved.

The quoted phrase could be flipped as reassurance rather than a potential threat and employers can cock up holiday pay then correct it later, calling it whatever they please.
Absent any specific reference to pregnancy/maternity in relation to these matters, I don't see how a Tribunal could safely infer discrimination here.

[NK1]

Re: Dismissed while on Maternity Leave

Thanks Matt.

It was the AM who had confirmed that I would be going back to the same job. Unless, the contract between them and the host company would come to an end, they would then look to put me in a similar job.

[NK1]

Re: Dismissed while on Maternity Leave

Thanks mariefab.

I see what you mean. I shall stick to the strong points and just continue to focus on discrimination and automatic unfair dismissal.

The respondent has requested for the hearing to be held in January . So I shall keep my fingers crossed and keep you guys updated .

[NK1]

Re: Dismissed while on Maternity Leave

[MENTION=26290]mariefab[/MENTION]

[MENTION=67649]matt3942[/MENTION]

[MENTION=70488]judgemental[/MENTION]

The tribunal has requested for a schedule of loss to be submitted. Please can you suggest a template ?

I have been looking online and to be honest I am really confused.

Your suggestions will be most appreciated.

Many Thanks