Constructive dismassal due to pregnancy??? Please help!

[SickFish]

Breadvan72 said:

SickFish said:

Breadvan72 said:

Generally speaking, the advice to an employer is to steer clear of any adverse action directed towards a pregnant employee, save in the clearest cases of misconduct, as the risks of a finding that the action is related to the pregnancy are too high. It would be a bold (or ill informed) employer that dismissed a pregnant employee on grounds of alleged under performance. Perhaps the employer has been taking advice from well intentioned but misinformed punters such as some featured above!

For the employee, the best advice is to politely stand your ground, avoiding confrontation if possible but being assertive of pregnancy rights if need be.

Thank you.

So far I have said:
- Ask for 24 hours to review the document before signing and returning.
- log/ document daily activity as this is what is being brought into question.
- Continue to make her local line manager aware that the amount of workload in unmanageable and is causing undue stress (which has been made clear in the past verbally but I have said to put it in writing).

Agree? disagree? What are your thoughts?

Sounds sensible enough. Obviously, respond as the situation develops. No plan survives contact with the enemy.

Thanks.... I hope the Mrs is getting bent out of shape over nothing and this turns out to be a storm in a tea cup, but, I like to always prepare for the worst.....

[HereBeMonsters]

Did you not think it was a bit of a risk for her to change jobs while trying for a baby?

[SickFish]

HereBeMonsters said:

Did you not think it was a bit of a risk for her to change jobs while trying for a baby?

We weren't trying for a baby..... we were told we couldn't have kids....!

[V8 Fettler]

What is the document that might be signed within 24 hours? Should this not be placed in front of your legal rep? Which could take a lot longer than 24 hours...

[SickFish]

V8 Fettler said:

What is the document that might be signed within 24 hours? Should this not be placed in front of your legal rep? Which could take a lot longer than 24 hours...

I have a copy of it, it is a "performance improvement note"....

Basically she needs to sign that she accepts:

- System not being updated with correct information... (etc)
- Agreed "targets" to improve performance
- Agreed review date of above

My concern is that if she signs this document she is making a rod for her own back, she adamantly denies that she is underperforming and if she was to sign this it basically accepts guilt putting her in a very weak position come the review date.

But..... if she refuses to sign this document what are the consequences of this? The email was sent to her C.C.ing in the company solicitor so I think they are in this for the long haul....

[anonymous-user]

SickFish said:

I have a copy of it, it is a "performance improvement note"....

Basically she needs to sign that she accepts:

- System not being updated with correct information... (etc)
- Agreed "targets" to improve performance
- Agreed review date of above

My concern is that if she signs this document she is making a rod for her own back, she adamantly denies that she is underperforming and if she was to sign this it basically accepts guilt putting her in a very weak position come the review date.

But..... if she refuses to sign this document what are the consequences of this? The email was sent to her C.C.ing in the company solicitor so I think they are in this for the long haul....

I wouldn't be signing anything and I would take BV up on his offer of a recommendation of a GOOD employment lawyer and consulting them ASAP.

[SickFish]

desolate said:

SickFish said:

I have a copy of it, it is a "performance improvement note"....

Basically she needs to sign that she accepts:

- System not being updated with correct information... (etc)
- Agreed "targets" to improve performance
- Agreed review date of above

My concern is that if she signs this document she is making a rod for her own back, she adamantly denies that she is underperforming and if she was to sign this it basically accepts guilt putting her in a very weak position come the review date.

But..... if she refuses to sign this document what are the consequences of this? The email was sent to her C.C.ing in the company solicitor so I think they are in this for the long haul....

I wouldn't be signing anything and I would take BV up on his offer of a recommendation of a GOOD employment lawyer and consulting them ASAP.

I have PMed him.

I think they have sent her this to force her to agree to underperforming so they can then use this as leverage to dismiss her.

[pork911]

SickFish said:

We weren't trying for a baby.....

puts me in mind of a jimmy carr joke

totally inappropriate and of no use of course, just raised a childish giggle

anyway, best of luck

[Halmyre]

SickFish said:

No, large national company involved in insurance.

To be perfectly honest, we didn't know she was pregnant when she started, we were told we couldn't have kids.....

You've probably thought of it already, but if you have that in writing it might be useful if it gets to the legal stage - i.e. no intention of deceit, or something like that.

[SickFish]

UPDATE:

The company, in response to her asking for 24hrs to review the email, have asked her to sign it today....

This just smacks of underhandedness and not giving her the opportunity to seek proper advice.

Need some help on some sort of response. I have told the Mrs to say she wants her legal rep to review it first but I don't think they will buy it and will try to force her hand.

[PurpleMoonlight]

Why do they want her to sign the email, to confirm receipt?

[SickFish]

PurpleMoonlight said:

Why do they want her to sign the email, to confirm receipt?

To confirm that she accepts that she has been underperforming and to agree to the remedial steps.....

[anonymous-user]

SickFish said:

UPDATE:

The company, in response to her asking for 24hrs to review the email, have asked her to sign it today....

This just smacks of underhandedness and not giving her the opportunity to seek proper advice.

Need some help on some sort of response. I have told the Mrs to say she wants her legal rep to review it first but I don't think they will buy it and will try to force her hand.

Don't sign anything you don't want to sign.
Make sure that you keep notes/copies of everything.

I don't want to say anything else as I am bit aggressive on stuff like this - I'd wait for BV to respond but if he doesn't I know someone who has handled a few matters very competently.

[SickFish]

desolate said:

SickFish said:

UPDATE:

The company, in response to her asking for 24hrs to review the email, have asked her to sign it today....

This just smacks of underhandedness and not giving her the opportunity to seek proper advice.

Need some help on some sort of response. I have told the Mrs to say she wants her legal rep to review it first but I don't think they will buy it and will try to force her hand.

Don't sign anything you don't want to sign.
Make sure that you keep notes/copies of everything.

I don't want to say anything else as I am bit aggressive on stuff like this - I'd wait for BV to respond but if he doesn't I know someone who has handled a few matters very competently.

Trust me.... I am getting very angry myself!

The Mrs isn't the strongest of characters and any sort of pressure exerted and she folds, I think this is known and they are using to their advantage.

I have to the Mrs to confirm receipt of the email and to advise that we will be having it reviewed prior to issuing a response.

[Vaud]

Don't sign anything. Await BV advice.

<24 hours to be forced too sign a performance improvement note is v poor management.

[PurpleMoonlight]

SickFish said:

To confirm that she accepts that she has been underperforming and to agree to the remedial steps.....

The she shouldn't sign it.

But that doesn't make sense, your initial post stated the email was to arrange a meeting to discuss their perceived underperformance. Now they want her to agree to their perception without a meeting?

What remedial steps have been proposed?

[ralphrj]

BV advice is what is needed but google found this article

http://careers.theguardian.com/careers-blog/perfor...

article said:

If you are being pressured to sign an acknowledgement of the Pip, you should make it clear either at the bottom of the Pip or in a separate email that your signature is under protest and that the terms of the Pip are not agreed, and why.

[SickFish]

PurpleMoonlight said:

SickFish said:

To confirm that she accepts that she has been underperforming and to agree to the remedial steps.....

The she shouldn't sign it.

But that doesn't make sense, your initial post stated the email was to arrange a meeting to discuss their perceived underperformance. Now they want her to agree to their perception without a meeting?

What remedial steps have been proposed?

That's what I thought, although it now looks like she has been issued with a notice of underperformance (without any notification), which they are trying to force her to agree to.

the remedial actions are rather wooly.... "Do this in accordance with that...." etc

Edited by SickFish on Tuesday 29th July 16:16

[SickFish]

ralphrj said:

BV advice is what is needed but google found this article

http://careers.theguardian.com/careers-blog/perfor...

article said:

If you are being pressured to sign an acknowledgement of the Pip, you should make it clear either at the bottom of the Pip or in a separate email that your signature is under protest and that the terms of the Pip are not agreed, and why.

Thank you, something to keep in the armoury

[V8 Fettler]

SickFish said:

V8 Fettler said:

What is the document that might be signed within 24 hours? Should this not be placed in front of your legal rep? Which could take a lot longer than 24 hours...

I have a copy of it, it is a "performance improvement note"....

Basically she needs to sign that she accepts:

- System not being updated with correct information... (etc)
- Agreed "targets" to improve performance
- Agreed review date of above

My concern is that if she signs this document she is making a rod for her own back, she adamantly denies that she is underperforming and if she was to sign this it basically accepts guilt putting her in a very weak position come the review date.

But..... if she refuses to sign this document what are the consequences of this? The email was sent to her C.C.ing in the company solicitor so I think they are in this for the long haul....

24 hours to review and accept?! That's very hard-nosed. 7 days perhaps, which could become 7 working days. I wouldn't mention the possibility that you're taking legal advice at this stage, at least until you've taken legal advice. Need to move that deadline though.