Great news - hope that your wife's happy with the result. So you'll soon be having sleepless nights for the right reasons!
nice one.
Some good news. Good to know the system works.
Well it is good news, but she doesn't really want her job back now as she does't feel she can go back to such a small office (even thoug her boss has been sacked). There are only 3 other staff in that location (although part of a much bigger organisation) and they all know what went on and have seen all the email correspondence after the HR dept sent scoring results and email threads to the open system they all use - which would mean my wife working with people she has discussed on email and that have seen all the correspondence...
Ubgger.
Well it is good news, but she doesn't really want her job back now as she does't feel she can go back to such a small office (even thoug her boss has been sacked).
But surely in the current climate, it's a job. Could she ride it out and then look for another job once the economy has picked up?
It's good news.
... she doesn't really want her job back now ... after the HR dept sent scoring results and email threads to the open system they all use - which would mean my wife working with people she has discussed on email
I can completely understand why she wouldn't. That's awful. If she ends up deciding not to go back after maternity would it be 'constructive dismissal'?
But surely in the current climate, it's a job. Could she ride it out and then look for another job once the economy has picked up?It's good news.
It is, but the whole experience upset her greatly and she doesn't feel she can go back. I feel, on th faceof it, that it is a god result, but at the end of the day, she was terribly upset and can see why, 100%, she cannot face going back there.
I can completely understand why she wouldn't. That's awful. If she ends up deciding not to go back after maternity would it be 'constructive dismissal'?
Still looking into that one, but the solicitor isn't 100% that we would win a case based on those reasons somewhat surprisingly - but the view is that the emal event was an 'accident', not pre-meditated trick to force her out.
Unless you can negotiate a redundancy package based on what has gone before, I'd propose to stick it out for the couple of weeks needed to get onto maternity leave. After that she can express her intention to go back but doesn't need to make a firm decision until I think best part of a year after the birth. So she can see what's what then.
She is wanting to keep the redundancy they initially gave her (not great, but better than statutory) rtaher than drag it out as the financial benefit of going back (or pretending to) isn't that much better.
Still stinks a bit that they have managed to wriggle out of this with barely a financial penalty.
Hmmm - I think she needs to go back for the time up to her mat leave - then decide. Its only a couple of weeks after all
Of course she could go back then go off sick with stress after ten minutes if it is that bad.
Hmmm this is an interesting one.
Your wife was hard done by because of her pregnancy
Your wife got a better than basic redundancy payout but STILL went after unfair dismissal
You fought it and managed to get her piss taking boss sacked - Well done
Then you decide that you would rather keep the redundancy offered in the first place rather than take back her job. What exactly did you want to achieve?
I think you should have decided what outcome you wanted BEFORE you took steps.
So a better than basic redundancy is fair compensation for the unfair dismissal and sexual discrimination when it is clear she couldn't really be expected to be able to return to the position when her (ex)colleagues have had sight of all the correspondence regarding the redundancy...
unless she was stupid enough to slag off all her colleagues to save her own skin she should have nothing to worry about going back.
Certainly didn't slag anyone off, but to have to face colleagues who know exactly what went on and the things that were said about HER... (albeit by a b!tch boss)
the company have accepted one of their staff has acted wrongly, and essentially bought your wife off. they sacked the member of staff and reinstate you wife (as you wanted) but your wife wants to leave now. are you entitled to any payoff at all other than a 'goodwill' payment?
its not constructive dismissal any more as the company admitted being wrong and have reinstated her as requested.
you might have done yourself out of some cash.
Maybe she could meet up with her colleagues before going back to find out how things are? Is she matey with at least one?
you might have done yourself out of some cash.
Not quite done ourselves out of it (unless you look at it from an odd angle). Unfortunately they took the one course of action that we were advised by our solicitors was very unlikely. But clearly they wanted the boss out anyway and we know that the woman who has taken her place does rate my wife's work very highly and never wanted her to go.
Maybe she could meet up with her colleagues before going back to find out how things are? Is she matey with at least one?
The only person she is matey with is the one who has replaced her old boss - she is going to try to speak to her off the record.
Also - as I said before, she never wanted to go back and made that clear at the appeal - unfortunately they have made this decision for their own reasons...
Sorry my last post came across all wrong there.
Well it is all cleared up now - she has accepted the role back and has kept all of the redundancy payment in lieu of the salery she would have got (they have done some other financial jiggery-pokery to ensure she is no worse off as she now has to pay tax of course) but as it has been so protracted she has gone straight onto maternity leave!
Ahh well - at least it meant she effectively has had 4 months fully paid leave, gets maternity pay/work benefits and has a job to go back to!
Thanks for all the advice everyone 🙂
Great outcome 🙂