Viewing 35 posts - 121 through 155 (of 155 total)
  • Wife’s job being made redundant whilst she is pregnant – help needed…
  • Spongebob
    Free Member

    Sound advice tyke!

    Sandwich
    Full Member

    Don’t forget this is discrimination and the compensation award is now unrestricted in the event of a favourable tribunal decision. Start at a years money and go from there.
    Nail them to the wall and then back it up with screws and adhesive!

    FB-ATB
    Full Member

    How many weeks pregnant will your wife be when the 1 months notice period ends?

    When half my department was made redundant 2 years ago, one of my colleagues was pregnant. There was no issue of discrimination- we were all at risk & she didn’t apply for the few roles left. However, she found out that if you’re pregnant & made redundant x amount of weeks before your EDD you’re entitled to the mat pay you would have received had you continued in employment (and still get redundancy).

    I can’t remember the cut off number of weeks. It may have been at the earliest point when you can elect to got on mat leave. This wasn’t noted in her at risk letter & where they calculate the potential payoff. When she asked our local HR dept about the mat pay they said she wasn’t entitled, so she provided the relevant documents (probably from govt websites). They didn’t have a clue and had to get head office HR to confirm this was the case and I think they even had to do a lot of research rather than knew the answer outright. And this was at a large company (one of the ones saying sorry this week!)

    Hope it all gets resolved in your favour. My wife & are are in the same position- I was made redundant last year & she’s expecting, so we know what it’s like for you.

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    mastiles_fanylion
    Free Member

    FB-ATB…

    She is in her 22nd week on Monday which would have made her eligible for company mat pay as she would be working her 4 weeks notice up to the 26th week (the cut off point).

    So they got out of it (conveniently) by two working days.

    Also good advice Tyke – many thanks.

    ourmaninthenorth
    Full Member

    v good advice from tyke about the copy correspondence. It will certainly focus the decision making away from those who now find themselves in the sh*t, and may assist in altering future practices for the benefit of rewmaining workers.

    mastiles_fanylion
    Free Member

    I agree Ourmn – discussing this with my wife last night and her over-riding feeling was that her boss cannot be allowed to behave in such a manner and feelsshe needs to do something to bring it to the attention of the board of directors. She is seeing her solicitor again today to discuss our options. At the very least I think we will be writing a letter of appeal logging every comment made by her boss.

    The one thing she is really upset about is the colleague who scored the highest in the matrix (even though she shouldn’t have been able to see names but that is just another occk up by her ex-employers) is the one that they tried to demote before Christmas due to is ineptitude and he has (since then) also lost the company £30k due to a occk up entirely of his own making. So it just proves that the scoring was rigged (he scored higher in the areas outlined above).

    mastiles_fanylion
    Free Member

    Well, well, well… We have come back from a long-arranged holiday in Newquay to find out that following her appeal hearing (where she was gunning for a decent payout) they have offered her her job back and have asked her to return the slightly enhanced redundancy payment they gave her initially. They have also sacked her boss. Don’t know much more yet (ie what job she would return to, how the redundant position is suddenly available again etc)

    Thing is – she is now 29 weeks pregnant (with twins) so she would only be staying at work for a week or two more anyway.

    What a crock and what a mess.

    druidh
    Free Member

    Mibbe they’re gonna offer her the boss’s job?

    mastiles_fanylion
    Free Member

    LOL no such luck – there was another director who has been promoted.

    TandemJeremy
    Free Member

    Result!

    woffle
    Free Member

    excellent!

    0303062650
    Free Member

    Good to hear that things were ‘sorted’ … the f*ckers will try anything!

    jt

    theotherjonv
    Full Member

    Excellent. Get them for all you can while she’s on maternity and then don’t go back anyway!!

    akira
    Full Member

    Now just wait for the really tricky bit, twins………
    Glad it all worked out and sleep as much as you can before they pop out.

    mrsflash
    Free Member

    Great result!

    tyke
    Free Member

    Great news – hope that your wife’s happy with the result. So you’ll soon be having sleepless nights for the right reasons!

    matt_outandabout
    Full Member

    nice one.

    Sandwich
    Full Member

    Some good news. Good to know the system works.

    mastiles_fanylion
    Free Member

    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.

    RooleyMoor
    Free Member

    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.

    higgo
    Free Member

    … 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’?

    mastiles_fanylion
    Free Member

    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.

    theotherjonv
    Full Member

    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.

    mastiles_fanylion
    Free Member

    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.

    TandemJeremy
    Free Member

    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.

    TheLittlestHobo
    Free Member

    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.

    mastiles_fanylion
    Free Member

    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…

    VanHalen
    Full Member

    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.

    mastiles_fanylion
    Free Member

    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)

    VanHalen
    Full Member

    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.

    mudshark
    Free Member

    Maybe she could meet up with her colleagues before going back to find out how things are? Is she matey with at least one?

    mastiles_fanylion
    Free Member

    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…

    TheLittlestHobo
    Free Member

    Sorry my last post came across all wrong there.

    mastiles_fanylion
    Free Member

    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 🙂

    mrsflash
    Free Member

    Great outcome 🙂

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