Constructive dismassal due to pregnancy??? Please help!
Discussion
V8 Fettler said:
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....
Jasandjules said:
hondansx said:
She is not protected for unfair dismissal in her probation period.
But she is protected for discrimination on grounds of sex....ETA if you want OP I can send you a document setting out quite a lot about maternity law...
Edited by Jasandjules on Tuesday 29th July 17:18
Jasandjules said:
hondansx said:
She is not protected for unfair dismissal in her probation period.
But she is protected for discrimination on grounds of sex....ETA if you want OP I can send you a document setting out quite a lot about maternity law...
Edited by Jasandjules on Tuesday 29th July 17:18
There is a case law whereby it was found that a woman who discovered she was pregnant between accepting a job and starting was unfairly dismissed even though she never even started the job.
I'll leave the real advice up to you and Breadvan however, as I don't get paid for my expertise in employment law, and Breadvan is rather more well qualified than myself!
cossy400 said:
KNOBS,
How can people drop an email on your deski and expect it to be signed.
ha its her signature they want to force her out, from what BV etc has said they must clearly know they are in the s
t if they just send her on her way.
LOVE PH for this st.
Yep that's what I'm thinking, the company are trying to build up a portfolio of "evidence" to build up a reason (other than being pregnant) to dismiss her, this signed document forming the foundation of their reasons..... How can people drop an email on your deski and expect it to be signed.
ha its her signature they want to force her out, from what BV etc has said they must clearly know they are in the s
t if they just send her on her way. LOVE PH for this s
t. Edited by SickFish on Tuesday 29th July 18:54
jkh112 said:
In my earlier haste to respond about SMP entitlement I forgot to congratulate the OP and his wife on the pregnancy. Congratulations.
This ^^^. Don't jeopardise the 'miracle' pregnancy with the stress of fighting an employer. I do assure you that the joy of any successful pregnancy will far outweigh any financial issues although they may seem important right now.Priorities...
caiss4 said:
jkh112 said:
In my earlier haste to respond about SMP entitlement I forgot to congratulate the OP and his wife on the pregnancy. Congratulations.
This ^^^. Don't jeopardise the 'miracle' pregnancy with the stress of fighting an employer. I do assure you that the joy of any successful pregnancy will far outweigh any financial issues although they may seem important right now.Priorities...
Vaud said:
SickFish said:
Trust me..... Having suffered a miscarriage 3 years ago, NOTHING in my life is more important right now than mum and mini fish
One fish or might there be 2 fish?Apologies to Dr. Seuss.
Sounds like a prizewinningly s
tty attitude from the employer.hidetheelephants said:
Vaud said:
SickFish said:
Trust me..... Having suffered a miscarriage 3 years ago, NOTHING in my life is more important right now than mum and mini fish
One fish or might there be 2 fish?Apologies to Dr. Seuss.
Sounds like a prizewinningly s
tty attitude from the employer.Never really been a softie, but the thought of being a father is definitely turning me into a massively ghey marshmallow!
caiss4 said:
This ^^^. Don't jeopardise the 'miracle' pregnancy with the stress of fighting an employer. I do assure you that the joy of any successful pregnancy will far outweigh any financial issues although they may seem important right now.
Priorities...
+1Priorities...
Probably not the best advice in terms of "justice", but if your missus is susceptible to pressure and the company she is working for is applying it quite mercilessly (one could make the argument that them knowingly doing this to a woman in the early stages of a pregnancy is pretty nasty in it of itself) then it might be worth "losing" this battle to win the war (a successful pregnancy).
Regardless of the outcome unless you can get some serious compensation it sounds like she is best out of that company anyway and could be minded to avoid the stress from tribunals & legal wranglings, etc. This sort of battle would take it out of people at the best of times, let alone a pregnant woman who has had a miscarriage in the past and is presumably already having to deal with a non-trivial amount of stress anyway.
Edited by Durzel on Tuesday 29th July 21:06
Durzel said:
+1
Probably not the best advice in terms of "justice", but if your missus is susceptible to pressure and the company she is working for is applying it quite mercilessly (one could make the argument that them knowingly doing this to a woman in the early stages of a pregnancy is pretty nasty in it of itself) then it might be worth "losing" this battle to win the war (a successful pregnancy).
Regardless of the outcome unless you can get some serious compensation it sounds like she is best out of that company anyway and could be minded to avoid the stress from tribunals & legal wranglings, etc. This sort of battle would take it out of people at the best of times, let alone a pregnant woman who has had a miscarriage in the past and is presumably already having to deal with a non-trivial amount of stress anyway.
^^^^^ agreed, if it gets too much we will cut our losses, but I refuse to stumble at the first hurdle. Probably not the best advice in terms of "justice", but if your missus is susceptible to pressure and the company she is working for is applying it quite mercilessly (one could make the argument that them knowingly doing this to a woman in the early stages of a pregnancy is pretty nasty in it of itself) then it might be worth "losing" this battle to win the war (a successful pregnancy).
Regardless of the outcome unless you can get some serious compensation it sounds like she is best out of that company anyway and could be minded to avoid the stress from tribunals & legal wranglings, etc. This sort of battle would take it out of people at the best of times, let alone a pregnant woman who has had a miscarriage in the past and is presumably already having to deal with a non-trivial amount of stress anyway.
Edited by Durzel on Tuesday 29th July 21:06
Hopefully this will all be a storm in a teacup and will blow over
Just to play devils advocate, could your missus be under performing?
Does she have any direct colleagues who have a similar workload?
I know you say it's suspicious that the performance review just before probation period is up, but we have a meeting with any new starter just before their three month probation is up. On the whole nothing in this meeting should be a surprise as their manager should be working on any performance issues beforehand, but if your wife's manager was waiting for this review meeting to bring up her underperformance then it may be less suspicious than you think.
Regardless of the above, as others have said, put mum and baby first. And congratulations!
Does she have any direct colleagues who have a similar workload?
I know you say it's suspicious that the performance review just before probation period is up, but we have a meeting with any new starter just before their three month probation is up. On the whole nothing in this meeting should be a surprise as their manager should be working on any performance issues beforehand, but if your wife's manager was waiting for this review meeting to bring up her underperformance then it may be less suspicious than you think.
Regardless of the above, as others have said, put mum and baby first. And congratulations!
Burrito said:
Just to play devils advocate, could your missus be under performing?
Does she have any direct colleagues who have a similar workload?
I know you say it's suspicious that the performance review just before probation period is up, but we have a meeting with any new starter just before their three month probation is up. On the whole nothing in this meeting should be a surprise as their manager should be working on any performance issues beforehand, but if your wife's manager was waiting for this review meeting to bring up her underperformance then it may be less suspicious than you think.
Regardless of the above, as others have said, put mum and baby first. And congratulations!
I hear what you're saying.....Does she have any direct colleagues who have a similar workload?
I know you say it's suspicious that the performance review just before probation period is up, but we have a meeting with any new starter just before their three month probation is up. On the whole nothing in this meeting should be a surprise as their manager should be working on any performance issues beforehand, but if your wife's manager was waiting for this review meeting to bring up her underperformance then it may be less suspicious than you think.
Regardless of the above, as others have said, put mum and baby first. And congratulations!
She is *technically* under performing due to the totally unmanageable workload. As already said, she hold 3x more accounts than her other colleagues. She goes into work an hour early every day and stays an extra half hour, just to try to get everything completed. She has voiced her concerns on numerous occasions to her direct manager, but unfortunately, nothing in writing, which I know isn't great.
Whilst I'd agree a review meeting at the end of a probationary period is standard practice, issuing a notice of underperformance 2 weeks prior is a little suspect to say the least.
And thank you
Jasandjules said:
Well, let's try a quick test.
Had any complaints been made about underperformance before informing them of the pregnancy?
Not a sausage..... Only praiseHad any complaints been made about underperformance before informing them of the pregnancy?
The usual "I know it's a tough job but you're doing great....." Etc.
Her direct manager comes across as a bit of a yes man and from what she tells me he's a wet blanket.
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