Raising a Grievance and Redundancy - what should I do?

greenflamingo_2

I am 30 weeks pregnant and have had some time off work with pregnancy related illness caused in part by ongoing bullying, victimisation and harrassment. I did report this to my union and was advised to keep a record. Whilst off sick I was accused of abuse of company property and sent a letter which asked me to sign it to admit this - obviously I did not sign it. Nowhere in the letter did it mention this was a discplinary matter and was written by my manager, no copies to HR. I successfully defended this accusation as I had a witness, to disprove the accusations. When I requested further information from my manager he did not respond - despite me asking twice. All fell silent. Two weeks after this I was contacted by the Inland Revenue, who said they had had a tipoff, and although not disclosing the source were very helpful! I now know this has come from my manager as the Inland Revenue cited the same info as my employer!

One month later I have been contacted to say that my department is at risk of redundancies (1 needed out of 6). I will attend a meeting to discuss this with HR and the same manager behind the bullying. I feel that the previous incidents were carried out in order to try and blacken my name so I wouldnt be able to put up much of a fight if made redundant. I dont think HR are aware of these events though.

I would like to raise a grievance re. the above behaviour but am wondering at what stage this should be mentioned - i.e. should I wait until I am actually chosen, or should I bring it up at the consultation process or should I go through the appeal process after I am chosen for redundancy?

The irony is that I am interested in redundancy (depending on the figures) but think they may feel that I wouldnt come back anyway after the pregnancy so no need to make me redundant and they could then pick on another person - basically getting rid of 2 people for the price of one. But then again if it went to Employment Tribunal it may be asked why I didnt raise a grievance immediately? Also I feel that someone who is pregnant should not be treated in this fashion.

Can someone pse advise at what stage it would be advisable to raise a Grievance?

Liz_the_Whizz

Hi greenflamingo,

Isn't life complicated?

On the plus side, you may get redundancy pay out of it, if that's what you want. Problem is that you need to know now what you might get financially to help decide how to play this. You can easily work out what you will get if it's compulsory redundancy as it's statutory - there is a handy ready reckoner here on the BERR website:

http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

But if it's voluntary, it's up to your employer what they offer. Your union may have an idea of what has been the "going rate" in any past cases.

Certainly, it sounds as if your manager would not be sorry to see you go. However, HR will be keen to ensure that if you are the one selected for redundancy, it is not seen as being related to your pregnancy. Again, if it's voluntary, this is not a problem.

In your position, I would hold off on the grievance for now while you see how the meeting with your manager and HR goes. Delaying does not necessarily make the grievance less valid, you just need to be able to explain why you delayed (could be very real concerns about not adding to your stress levels when you are at week 30 of your pregnancy and already been off with pregnancy related illness).

But if you really think you want all the hassle of an Employment Tribunal, you would need to exhaust the company grievance procedures at some stage before an ET would even look at it.

One possible tactic would be to speak to HR separately about the issues with your manager rather than let the consultation meeting descend into a mud-slinger.

Have you been given the right to be accompanied by your TU rep at the meeting? You should ensure you are and speak to your rep in advance to get their advice too. Someone on the ground is usually far better placed to give advice than someone on a forum.

Good luck!

greenflamingo_2

Thanks Liz
No all the redundancies are compulsory. If I were to raise a grievance, bearing in mind that all redundant persons officially leave in 3 weeks, would this prolong my employment (I am entitled to full contractual maternity leave for 26 weeks but obviously am not now going to get this)i.e. have they got to delay your redundancy whilst a grievance is being investigated? It is a very complicated area!

Liz_the_Whizz

greenflamingo wrote: »

Thanks Liz
No all the redundancies are compulsory. If I were to raise a grievance, bearing in mind that all redundant persons officially leave in 3 weeks, would this prolong my employment (I am entitled to full contractual maternity leave for 26 weeks but obviously am not now going to get this)i.e. have they got to delay your redundancy whilst a grievance is being investigated? It is a very complicated area!

Grievance procedures are often geared around a 5 day turnaround at each stage (ie Stage 1 - consider grievance and Stage 2 - appeal), so it could probably be fairly completed in a 3 week timescale.

It is also possible for grievances to be considered after the employee has left employment so raising it at the last minute would not necessarily prolong your employment.

Just a thought on money - I would have thought that your 26 weeks' contractual maternity leave must be worth more to you than statutory redundancy pay @ 1 week per completed year of service - unless you are a very late starter babywise or have been working for your employer man and boy .

You may not have the option, but it might tip the scales back in favour of "fight rather than flight" even if you have no real intention of returning to work after your maternity leave.

Presumably under your employer's scheme you have to return for 4 weeks or so to prevent clawback of contractual maternity pay?

greenflamingo_2

Liz
I am assuming that because I am being made redundant 3 weeks into my Statutory Maternity Leave I will get 6 week at 90% and then the remaining 30+ weeks at £117 per week. Can someone clarify for me what the situation is ie. if you are made redundant whilst on SML and your contract states you are entitled to Contractual Maternity Pay at Full pay do you lose the Contractual Maternity Pay as you are no longer an employee?