ARRGH! (Sorry, bit of a rant!)
Discussion
Just before Christmas, my girlfriend and I discovered we were expecting a baby...
Nothing unusual there, arrangements have to be made re selling cars and bikes and moving house etc all groovy.
However, on Monday of this week my other half e:mailed her employers enquiring about their policy on maternity leave for when the time comes. They are a fairly young company and she will have been the first employee to require such time off.
Her directors responded at the time that they would discuss the maternity question at the end of this week. That meeting happened this morning and they have made her redundant (
) without offering her any more options within the company. As she has been there for less than 2 years she is entitled to nothing in the way of redundancy pay and as she is 3 months pregnant her chances of getting another job, in this economic climate, are at best, slim. So thats us buggered really! To top it all off, the offending firm are only a bloody nanny agency (oh what a tabloid story this would make!).
Sorry for the complete off topicness of this post but this has riled me beyond belief and I needed to get it off my chest.
Ahh, thats better...
Matt.
Edited as I have now calmed down a bit...
>>> Edited by plotloss on Friday 10th January 11:28
Speak to a lawyer who knows about employment law very quickly. Citizens Advice will also be a good source of info. Without knowing the full story my first impression is that the company is on very dodgy ground.
Have they given written reasons for the redundany, if not request them immediatley. Any mention of pregnancy, and you are quids in.
Keep a very close eye on the company, if they recruit someone to take your wifes place, then they are also on dodgy ground. Why did they need to make her redundant if they have recruited a replacement.
If we tried this at our place of work, a University, we would be hung from the highest building by our private parts.
Hope this is of someuse and bad luck.
Have they given written reasons for the redundany, if not request them immediatley. Any mention of pregnancy, and you are quids in.
Keep a very close eye on the company, if they recruit someone to take your wifes place, then they are also on dodgy ground. Why did they need to make her redundant if they have recruited a replacement.
If we tried this at our place of work, a University, we would be hung from the highest building by our private parts.
Hope this is of someuse and bad luck.
Hmm! wonder what their clients would make of it - Just a thought 
Umm.. it's not right is it.. I'm sure the new family law stuff prohibits this sort of thing.. and even if it doesn't, it's really not on..
Citizens Advice Bureaux are right on the ball with this sort of thing..or look for a wimmins rights officer at the council..
barstewards... I'd be mad as hell too!
Citizens Advice Bureaux are right on the ball with this sort of thing..or look for a wimmins rights officer at the council..
barstewards... I'd be mad as hell too!
They can't fire her for being in the club, but for another cause during the pregnancy. I'd certainly take it up with a lawyer or legal advice bod as this certainly seems very suspect....
Congrats anyway on the up and coming event, hope all arrives in good shape and the better half will be healthy as well........
Congrats anyway on the up and coming event, hope all arrives in good shape and the better half will be healthy as well........
Matt.
I am disgusted to hear about this. Its an absolute disgrace. As a Director of a small company myself I am ashamed that a similar sized business would treat an employee so poorly.
As a small firm they will, of course, have financial pressures that mean maternity leave may be problematic for them...but the least they could have done would be to discuss the issue with your GLW to understand what compromise could be achieved.
To make her redundant with no explanation or discussion. Ohhh. Makes me seethe.
I do hope everything works out for you...
I am disgusted to hear about this. Its an absolute disgrace. As a Director of a small company myself I am ashamed that a similar sized business would treat an employee so poorly.
As a small firm they will, of course, have financial pressures that mean maternity leave may be problematic for them...but the least they could have done would be to discuss the issue with your GLW to understand what compromise could be achieved.
To make her redundant with no explanation or discussion. Ohhh. Makes me seethe.
I do hope everything works out for you...
Well congratulations 
Re your other half, there are a number of points..
Did they offer her the chance to have a third party at the meeting? If not then I think they are braking the law.
Did they give her a reason?
Do they have a staff handbook or company policy document which states what happens when women get up the duff?
As others have said I'd get in touch with Citizens advice ASAP. I know an HR expert who knows all about this sort of thing, unfortunatelly whe is very unwell so I cannot really call her and ask, however I suspect she might call me later in which case if she is up to it I'll ask her opinion and pass on the info.
Good luck
Cheers
D.
Re your other half, there are a number of points..
Did they offer her the chance to have a third party at the meeting? If not then I think they are braking the law.
Did they give her a reason?
Do they have a staff handbook or company policy document which states what happens when women get up the duff?
As others have said I'd get in touch with Citizens advice ASAP. I know an HR expert who knows all about this sort of thing, unfortunatelly whe is very unwell so I cannot really call her and ask, however I suspect she might call me later in which case if she is up to it I'll ask her opinion and pass on the info.
Good luck
Cheers
D.
As she has been there for less than 2 years she is entitled to nothing in the way of redundancy pay and as she is 3 months pregnant her chances of getting another job, in this economic climate, are at best, slim. So thats us buggered really!
Employment law: www.hmso.gov.uk/acts/acts1996/1996018.htm
Section 92, Right to written statement of reasons for dismissal.
See part X, Unfair dismissal
Section 99, a,
"An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if-
(a) the reason (or, if more than one, the principal reason) for the dismissal is that she is pregnant or any other reason connected with her pregnancy,
So - go for it!
>> Edited by Size Nine Elm on Friday 10th January 11:32
Take them to tribunal for unfair dismisal. As has been said, go to CAB. They (her employers) haven't got a leg to stand on, even with the little information you have given us.
Use the fact that this meeting was intended to discuss the maternity provisions, and they have left themselves up the creek.
You WILL win this one.
And when you do, imagine the publicity that will be generated for them
and that might help you to feel better.
>> Edited by farmboy on Friday 10th January 11:39
Use the fact that this meeting was intended to discuss the maternity provisions, and they have left themselves up the creek.
You WILL win this one.
And when you do, imagine the publicity that will be generated for them
and that might help you to feel better. >> Edited by farmboy on Friday 10th January 11:39
This is blatently against employment law if what you have recounted is true.
Go to www.dti.gov.uk/er/regs.htm#e and click on Maternity Rights and read the resulting document. As long as your wife has more than 26 weeks service and notified them correctly they have to keep the job open and pay SMP.
As for using redundancy....
To quote...
"It is unlawful to dismiss a pregnant employee (or single her out for redundancy) for reasons connected with her pregnancy or maternity. Employees also have the right not to suffer any unfair treatment because of pregnancy, childbirth or maternity leave."
Redundancy is classed in law as a special case of dismissal - and so they are up creak without a paddle.
Firslty I would check with the CAB - it's free and they are very very good at this sort of thing. They will advise you on your next steps, but be heartend that most employees when contacted in the first place about them doing things wrong will cave in rather than face a legal case (you will be eligable for legal aid for this and so you will not have to pay for your legal advice).
Finally, your wife will need to think what she wants - her job back or compensation. Will she wish to continue working for the company now they have done this - probably not.
Good luck - the law is totally on your side, and congratulations on the baby.
J
>> Edited by joust on Friday 10th January 11:40
Go to www.dti.gov.uk/er/regs.htm#e and click on Maternity Rights and read the resulting document. As long as your wife has more than 26 weeks service and notified them correctly they have to keep the job open and pay SMP.
As for using redundancy....
To quote...
"It is unlawful to dismiss a pregnant employee (or single her out for redundancy) for reasons connected with her pregnancy or maternity. Employees also have the right not to suffer any unfair treatment because of pregnancy, childbirth or maternity leave."
Redundancy is classed in law as a special case of dismissal - and so they are up creak without a paddle.
Firslty I would check with the CAB - it's free and they are very very good at this sort of thing. They will advise you on your next steps, but be heartend that most employees when contacted in the first place about them doing things wrong will cave in rather than face a legal case (you will be eligable for legal aid for this and so you will not have to pay for your legal advice).
Finally, your wife will need to think what she wants - her job back or compensation. Will she wish to continue working for the company now they have done this - probably not.
Good luck - the law is totally on your side, and congratulations on the baby.
J
>> Edited by joust on Friday 10th January 11:40
They can't do it without severe consequences plotless . Have a look HERE.
Suggest you talk with CAB and subsequently a solicitor to ensure it's handled correctly. In the meantime your beloved should be very pleasant to her employers and act as if it doesn't matter (keep them off guard).
Congratulations on the sprog and very best of luck.
Gassing Station | General Gassing [Archive] | Top of Page | What's New | My Stuff