Legal Advice Pls?

tonimills

Hi, Im after some legal advise about how to take my employer to court without having to foot the bill?

Here's my situation...

Im currently on maternity leave due to go back at the end of next month. I met with my employer the other day and he has told me he has given my job to someone else and he has no alternative position which is suitable for me. I have this all in writing when i asked him to confirm this in an email (silly man!) I have spoken to Maternity Action who have confirmed that this is illegal under sex discrimination. I, obviously, have no funds for legal fees as I have just been made unemployed! So I wanted to know if there is any help i could get, or a no win no fee company?

Also, I'm not quite sure where i stand with this company as I have not quit and he has not physically sacked me. He just left it as "I will call you if anything comes up immediately" So what now? Shall I just wait for my P45?!?

Emmzi

if you have it in writing I'd think a no won no fee would snap your hand off.

tonimills

Not really, not now I no how dispensable i am. Plus, whilst I was on maternity leave my husband was made redundant so it would make sense for me to now look for full time rather than going back part time.

ohreally

tonimills wrote: »

I met with my employer the other day and he has told me he has given my job to someone else and he has no alternative position which is suitable for me.

Is the employer stating there are no suitable alternatives or are you saying alternatives are unsuitable?

kingfisherblue

Your household insurance might have legal cover included - worth checking.

SarEl

tonimills wrote: »

Hi, Im after some legal advise about how to take my employer to court without having to foot the bill?

Here's my situation...

Im currently on maternity leave due to go back at the end of next month. I met with my employer the other day and he has told me he has given my job to someone else and he has no alternative position which is suitable for me. I have this all in writing when i asked him to confirm this in an email (silly man!) I have spoken to Maternity Action who have confirmed that this is illegal under sex discrimination. I, obviously, have no funds for legal fees as I have just been made unemployed! So I wanted to know if there is any help i could get, or a no win no fee company?

Also, I'm not quite sure where i stand with this company as I have not quit and he has not physically sacked me. He just left it as "I will call you if anything comes up immediately" So what now? Shall I just wait for my P45?!?

Are you on ordinary maternity leave or extended maternity leave? It matters. Your rights are more limited on the latter. The employer does not have to guarantee that you return to your own job - only to a suitable alternative. And since you appear not to have completed your maternity leave - he may not have broken any laws yet!

tonimills

My job was reservations receptionist in a hotel, working in the daytime. He has offered me work on the function bar 'as and when' he needs me. This is a completely different department and unsociable hours which will prove a problem when my husband returns to work at nights and I have no childcare. I need regular work aswell.

I'm on ordinary maternity leave and I'm just taking the regular leave, no extension.

kingfisherblue

Just a thought - if your username is your real name, you might want to change it and ask the moderators if it can be changed throughout the thread, including wherever you have been quoted. You might not want your employer or any colleagues knowing your business, and you never know who is reading MSE.

SarEl

tonimills wrote: »

My job was reservations receptionist in a hotel, working in the daytime. He has offered me work on the function bar 'as and when' he needs me. This is a completely different department and unsociable hours which will prove a problem when my husband returns to work at nights and I have no childcare. I need regular work aswell.

I'm on ordinary maternity leave and I'm just taking the regular leave, no extension.

In that case, if you have no legal insurance then represent yourself. Since this is a period of ordinary maternity leave the argument is relatively simple (which it woudn't have been if it was extended maternity leave). You have the right to return to your job. That job still exists. It has been given to somebody else and the employer refuses to allow you to return to your job. You have evidence to rpove this.

Your claim should be for unfair dismissal, sex discrimination and detriment for having taken a period of maternity leave - all three, not just one of them!

jobbingmusician

This sounds fun. Here is my prediction of what will happen

You raise Employment Tribunal (you can do this online, and it's pretty simple). I would stress YOU REALLY DO NOT NEED REPRESENTATION.
Employer receives ET.

At this point, one of three things can happen
- employer ignores ET totally. Most likely outcome, in fact virtually guaranteed on the facts as you have presented them - you win.
- employer turns up at ET, having not got legal advice. Same outcome as above.
- employer gets legal advice. At this point he will realise what a fool he's been, and either backpedal furiously, and offer you your job back, or offer you money to go away. His solicitor is quite likely to write you a letter pointing out that if you go to tribunal and lose, you might be liable for costs. My experience (and I am hoping someone like Sar El might comment) is that costs are never awarded against an employee unless an employee brings a malicious case, which on the facts you have provided you have not done. I'm simply writing this post to warn you that this letter might come, so that when it arrives you can look at it without panicking and say to yourself 'Aha, here it is The good folk on MSE warned me this might happen' rather than worrying about it.

SarEl

jobbingmusician wrote: »

This sounds fun. Here is my prediction of what will happen

You raise Employment Tribunal (you can do this online, and it's pretty simple). I would stress YOU REALLY DO NOT NEED REPRESENTATION.
Employer receives ET.

At this point, one of three things can happen
- employer ignores ET totally. Most likely outcome, in fact virtually guaranteed on the facts as you have presented them - you win.
- employer turns up at ET, having not got legal advice. Same outcome as above.
- employer gets legal advice. At this point he will realise what a fool he's been, and either backpedal furiously, and offer you your job back, or offer you money to go away. His solicitor is quite likely to write you a letter pointing out that if you go to tribunal and lose, you might be liable for costs. My experience (and I am hoping someone like Sar El might comment) is that costs are never awarded against an employee unless an employee brings a malicious case, which on the facts you have provided you have not done. I'm simply writing this post to warn you that this letter might come, so that when it arrives you can look at it without panicking and say to yourself 'Aha, here it is The good folk on MSE warned me this might happen' rather than worrying about it.

Yes, with two additions. One - You won't get costs awarded against you if everything you have said on here (in fact if only half of it) is true. Having you job removed from you on ordinary maternity leave for any other reason than a clear and genuine redundancy is not "done". Two - you won't be foolish enough to accept your job back because you know that your employer will then just find a way of doing it right!