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I have been working for a company through an agency since August 2014. I informed them I was pregnant in October 2014 as soon as I was aware of it.
During my maternity leave beginning March 2015, I received my P45 in the post in May 2015. This was sent without any explanation or contact from the employer. Please see below, break down of email correspondence regarding receipt of my P45:
May 2015 - Myself (NK) > Agency Consultant (AC) - Querying receipt of P45
May 2015 - AC > NK
- Stated that I am no longer a registered employee of the agency as I am not receiving SMP from them and I will need to re-register at the completion of my maternity leave.
May 2015 - NK > AC
- Querying dismissal, maternity leave and Holiday accrual, as per meeting on Nov 2014**
** A meeting between myself and- The Manager (AM) was arranged to resolve issues regarding holiday pay. I was having my wages unfairly deducted, when taking a paid holiday and also to discuss my maternity leave. It took over 6 weeks from me raising my concerns regarding holiday pay, to arrange this meeting. During which time I was forced to contact Acas as the agency refused to pay me what I was owed, or respond to me with a legitimate reason for this deduction. In addition, I had also received an email from (AM) threatening continuation of my employment with them, as a result of me querying my statutory rights. During the meeting I informed AM that I had already started the early conciliation process with ACAS and therefore AM confirmed that he would repay me my owed monies, "as a gesture of good-will". He was not able to provide a satisfactory reason for this deduction, and sited system error. He also confirmed, I would not receive SMP from the agency but whist I was on maternity leave, I would still accrue holiday entitlement as usual .
May 2015 - AM > NK
- Confirmed dismissal was valid, and re-registration was required.
- Also said that it was a standard procedure to receive P45, due to a period of inactivity.
- Stated that as I was not receiving SMP from the agency, I would not accrue holiday entitlement and my employment had been terminated.
- Claimed he was under the assumption that I WOULD be receiving SMP from the agency (although he had confirmed in the above mentioned meeting, the opposite - post meeting email from Agency also confirms this).
May 2015 - NK > AM
- Challenged his reasoning for dismissal and requested for a statement of reasons for dismissal (as per my statutory right).
- Reminded him of his previous statements made in November meeting, contrary to reasons for dismissal stated in his email. (Also provided copy of the meeting minutes, provided by them, to evident this).
- In addition, I made it clear that these actions by Agency were clear sex/ maternity discrimination and automatic unfair dismissal.
May 2015 - AM > NK
- Apologised for misleading information, blamed his colleague AC for the error.
- Re-confirmed that I would no longer accrue holidays or be employed by Agency.
After taking legal advice I have learnt that I have been a victim of sex/maternity discrimination. Which has resulted in automatic unfair dismissal, as my contract clearly states I am an employee and NOT an agency worker and they have breached my statutory rights to take maternity leave and hence I contacted Acas.
Only after the completion of early conciliation process, I was contacted by the New Manager (July 2015). I was offered the opportunity to return to work upon completion of my maternity leave, on the grounds that AM had mis-interpretated the company policy.
I am reluctant to accept this outcome as there has been a clear pattern of discrimination shown towards me by the agency whilst I was pregnant and now whilst I am on maternity leave. In addition, whenever there has been an issue, they do not attempt to come to a resolution, until the matter is escalated to at least Acas. Because of this, I am also wary of the possibility that management's attitude towards me may become harassing and more discriminatory. Therefore, I have decided to continue with my original claim of automatic unfair dismissal, victimisation and sex/maternity discrimination and have a hearing soon.
Recently I have also learnt that the employee who was hired to cover me in Feb 2015 was not employed to cover my maternity but replace me as neither the employer (Agency) nor the company I worked for informed her it's maternity cover, and again going back to that job is my legal right as I have the same rights as the company's employees.
Due to the treatment I have been subject to by the agency I have been left in a state of depression and anxiety. Not only was I subject to unnecessary stress whilst I was heavily pregnant, I have been inflicted with this same treatment during the time which should be the most enjoyable period of my life. An experience that can only be lived once, the birth of my first child, has been overshadowed and ruined by Agency's behaviour towards me. My baby was only two months old when I was informed that I had been dismissed. I have lost the precious months of my life with my new born daughter, as I have been flawed with the stress about what the future may hold not only for myself, but that of my daughter's. I have completely lost all confidence in my ability as a professional, and a mother due to the insult I have been subject to by the Agency.
The fight I have had to go through for my statutory rights, the unnecessary stress I have been subject to, being stripped of all my confidence and has also resulted in depression.
I am currently representing myself in the tribunal and have been through preliminary hearing already. I would like to have your suggestions and opinion about this.
Many Thanks
During my maternity leave beginning March 2015, I received my P45 in the post in May 2015. This was sent without any explanation or contact from the employer. Please see below, break down of email correspondence regarding receipt of my P45:
May 2015 - Myself (NK) > Agency Consultant (AC) - Querying receipt of P45
May 2015 - AC > NK
- Stated that I am no longer a registered employee of the agency as I am not receiving SMP from them and I will need to re-register at the completion of my maternity leave.
May 2015 - NK > AC
- Querying dismissal, maternity leave and Holiday accrual, as per meeting on Nov 2014**
** A meeting between myself and- The Manager (AM) was arranged to resolve issues regarding holiday pay. I was having my wages unfairly deducted, when taking a paid holiday and also to discuss my maternity leave. It took over 6 weeks from me raising my concerns regarding holiday pay, to arrange this meeting. During which time I was forced to contact Acas as the agency refused to pay me what I was owed, or respond to me with a legitimate reason for this deduction. In addition, I had also received an email from (AM) threatening continuation of my employment with them, as a result of me querying my statutory rights. During the meeting I informed AM that I had already started the early conciliation process with ACAS and therefore AM confirmed that he would repay me my owed monies, "as a gesture of good-will". He was not able to provide a satisfactory reason for this deduction, and sited system error. He also confirmed, I would not receive SMP from the agency but whist I was on maternity leave, I would still accrue holiday entitlement as usual .
May 2015 - AM > NK
- Confirmed dismissal was valid, and re-registration was required.
- Also said that it was a standard procedure to receive P45, due to a period of inactivity.
- Stated that as I was not receiving SMP from the agency, I would not accrue holiday entitlement and my employment had been terminated.
- Claimed he was under the assumption that I WOULD be receiving SMP from the agency (although he had confirmed in the above mentioned meeting, the opposite - post meeting email from Agency also confirms this).
May 2015 - NK > AM
- Challenged his reasoning for dismissal and requested for a statement of reasons for dismissal (as per my statutory right).
- Reminded him of his previous statements made in November meeting, contrary to reasons for dismissal stated in his email. (Also provided copy of the meeting minutes, provided by them, to evident this).
- In addition, I made it clear that these actions by Agency were clear sex/ maternity discrimination and automatic unfair dismissal.
May 2015 - AM > NK
- Apologised for misleading information, blamed his colleague AC for the error.
- Re-confirmed that I would no longer accrue holidays or be employed by Agency.
After taking legal advice I have learnt that I have been a victim of sex/maternity discrimination. Which has resulted in automatic unfair dismissal, as my contract clearly states I am an employee and NOT an agency worker and they have breached my statutory rights to take maternity leave and hence I contacted Acas.
Only after the completion of early conciliation process, I was contacted by the New Manager (July 2015). I was offered the opportunity to return to work upon completion of my maternity leave, on the grounds that AM had mis-interpretated the company policy.
I am reluctant to accept this outcome as there has been a clear pattern of discrimination shown towards me by the agency whilst I was pregnant and now whilst I am on maternity leave. In addition, whenever there has been an issue, they do not attempt to come to a resolution, until the matter is escalated to at least Acas. Because of this, I am also wary of the possibility that management's attitude towards me may become harassing and more discriminatory. Therefore, I have decided to continue with my original claim of automatic unfair dismissal, victimisation and sex/maternity discrimination and have a hearing soon.
Recently I have also learnt that the employee who was hired to cover me in Feb 2015 was not employed to cover my maternity but replace me as neither the employer (Agency) nor the company I worked for informed her it's maternity cover, and again going back to that job is my legal right as I have the same rights as the company's employees.
Due to the treatment I have been subject to by the agency I have been left in a state of depression and anxiety. Not only was I subject to unnecessary stress whilst I was heavily pregnant, I have been inflicted with this same treatment during the time which should be the most enjoyable period of my life. An experience that can only be lived once, the birth of my first child, has been overshadowed and ruined by Agency's behaviour towards me. My baby was only two months old when I was informed that I had been dismissed. I have lost the precious months of my life with my new born daughter, as I have been flawed with the stress about what the future may hold not only for myself, but that of my daughter's. I have completely lost all confidence in my ability as a professional, and a mother due to the insult I have been subject to by the Agency.
The fight I have had to go through for my statutory rights, the unnecessary stress I have been subject to, being stripped of all my confidence and has also resulted in depression.
I am currently representing myself in the tribunal and have been through preliminary hearing already. I would like to have your suggestions and opinion about this.
Many Thanks
xx
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