UNfair Dismissal????

[Kas]

I wasnt too sure where to post this, but has anyone been through this situation, i was on maternity leave after having my son, 6 months paid and 6 months unpaid, as christmas was drawing nearer money was gettin a bit tight and my OH just lost his job too so I thought id contact my work and go back part time. My OH got a new job unsocialble hours etc, so i managed to get my MIL to watch my son 2 days per week so i could go back to work until we get him into a nursery (theres a shortage of spaces at the mo). Well I had my back to work interview, explained in order to do my job 100% i could only work tue, and thu, days due to child care problems. The told me i would have to resign, told them no way so they sacked me due to me not being able to do nightshift etc. Ive been trying for days to get hold of my Union rep, I decided that my job was flexable enough and worked gettin pregnant round it and they were flexable with a guy who has his daughter set days, can they sack me like that im bloody raging, ive worked so hard for the company for 4 years and they do this, surely I have some rights, advise please ladies? XkelX

 

[cassi]

No they cant do that! get onto you're TU asap that is disgusting..they obviously dont think you realise there is laws!

Im really sorry they have done that hun its horrible

cas xxxx

 

[Sarah&Braydon]

they cant do that hun
they have to try and give u the hours that help u out with LO not sack u

 

[hels]

No Hun, they cant do that. They have to by law have to be seen to take your requests in to consideration, within reason. This is until your child is 4/5 i believe.
Keep trying to contact your union. What a shit situation hun, its the last thing you need isnt it. Your work are obviously not up on the law!

 

[Kas]

I know i was suprized to say the least, My work has been taken over by a new bigger company, but im a protected for 2 years on a toupe clause. The offered me sessional, with no sick pay, holiday pay etc, but said with that they cant guarentee any hours what goods that when you have a growing baby. Gonna go down to the social security today, ive got a few jobs in the pipeline, but my sister mentioned if i sign on for a week, and tell them I have a job opportunity and no child care, then they can help get a que jump at the nursery?? My lawyer called and said its not as if they are a small company with limited hours and staff and because im not a managing director they should accomodate me. I was sacked over the fone as well LOL whats that all about she said shel send a letter in the post in the next few days. I had a real bad accident at work whilst pregnant due to the incompetence of the manager not doing risk asessments I missplaced my pelvis at 13 wks pregnant, now I wish i had sued them, get them back for being so bloody unfair, thanks for your advise all xkelx

 

[hels]

Kas Hun, It is not too late to sue them! This company obviously dont know their arse from their elbow. The way they have treated you is awful, dont let them get away with it...like you have said, they are a large company, sooner or later another woman will get PG and end up with the problems you have.
Isnt it gross neglegence if they fail to do a risk assessment an an injury occurs?
Id get back in touch with your solicitor and tell him/her everything, and id even get in touch with some of these 'Had and accident, theat wasnt your fault......we can get you 100% of the compensation......blah blah' companies!!
Grrrrrrrr Id have the usless *******s i swear....good luck and dont give in!

 

[Beany]

That is terrible!!!

I am glad you are taking it further - otherwise these companies will continue to walk over peeps! A company called A.C.A.S. could advise you too. I have found the link. Looks like if your company cant find you a suitable replacement job you are entitled to redundancy pay (which should help the finance situation!)

http://www.acas.org.uk/index.aspx?articleid=1154 (maternity info)

http://www.acas.org.uk/index.aspx?articleid=301 (home page)

I hope this helps and that you get it sorted soon hun.

 

[Lindsay]

Hello Kas

There is a member called Helen on the forum who is a Human Resource Manager, I am sure she wouldn't mind giving you some advice as to what to do next - why don't you PM her.

Xxx

 

[Kas]

Thanks Ladies, yeah i got a meeting with my Union Rep 2morro at his office, he couldnt believe that they had sacked me, The last meeting I had with my line manager she said I have to resign, till i found out i didnt so i called her told her I wasnt resigning and if she couldnt work me into one of her rotas then shed have to sack me, well she did on the blooy phone said the letters in the post. My UR advised not to contact them as hel take over from here, hes looking through my previous employers policies and procedures 2night, as the new company that has taken over has to go with their rules over the next 2 yrs, ive also found out their pay is almost £2 an hour lower than what im on already. The allow people time for studying etc, ive known a few people who cant work weekend as they have their kids and their males that have rights to their kids at weekends, as far as my work know im the sole carer for kaiden ans thats all their going to know. I dont mind having to go to a new job but im sticking up for people who get pregnant at my work and their sole income is their wage, id be up S*** creek without a paddle if it wernt for my OH, what about single mothers in the company. I should really sue them for that fall, it never was sorted properly as I went on sick then mat. leave no one even called me to see if i had my son or even how I was after it their a bunch of idiots XkelX

 

[Helen]

Hi Kas

Glad to hear you have your Union Rep on side. He needs to lodge a formal grievance for you following your company's grievance procedure. They should call a hearing and you have the right to bring him along with you.

What days/hours were you doing before? You have the right to return to work following maternity leave to the same job you left (which means the same hours). Are you in your Additional Maternity Leave period? If so, they can make some changes to it, but it essentially has to be same status, pay and hours etc.

You also have the right to make a flexible working request or in other words ask to work part-time. I'm assuming that you worked full-time before and now want to work part-time. There is quite a strict procedure that has to be followed by them in order to deal with that request, but your Rep should be able to advise on the detail. Needless to say, from what you've said, they haven't followed it!

Good luck with everything. Let us know how you get on.

H

xx

 

[Kas]

Thanks Helen, Ive had the meeting with the union rep, well there was two as one admitted he didnt know much about womens rights at work, I told them the whole story. Basically they said call up and ask for the letter stating that ive been sacked, so i did, and was greeted by a very panicked Regional manager, he said there must have been crossed wires with me and the general manager. I said eh NO im fully aware of what was said, i wasnt given the option of part time work or flexi hours. He apologised and gave me some options on the fone, as ive already called the nursery and told them Kaiden didnt need the space as Ive been sacked, now ive missed out on the space and hes again at the end of the que AAGGGGHHH!! I told them that i could only work 2 shifts per week 9-5 Mon to Fri, and they agreed, after bein treated like this i didnt want to job back, but moneys money at the end of the day, I went to the Union so these people couldnt do it to anyone else. Basically he was trying to say the GM must have thought i wanted sessional work instead of contracted a load of crap really. At least il have some extra money for xmas their gonna send me out a new contract when he finds me a position that accomodates a 9-5 shift in day services XkelX