Without prejudice/ Settlement agreements/ Constructive dismissal

grumpfish

Thanks pmlindyloo,

The solicitor advised to allude to discrimination but not to cite it unless I was definitely prepared to take them to a tribunal over it and her words were pretty much don't bring up things that you aren't willing to claim for or have reasonable prospect of success, which I think may have been her way of saying I don't have a great case for it. I do have evidence of maternity/ preg discrimination going back to my first pregnancy (no risk assessment was ever performed despite a number of requests by myself and my GP. In the end, I had to go on the sick until mat leave at around 33 weeks as I was still being subjected to dire working conditions) but I didn't take any formal action at the time. The most recent instance of discrimination is their refusal to rearrange the disciplinary despite me being a new mother unable to find adequate care for tiny ones and the outcome of disciplinary. There are many instances in between the two I have mentioned, but other than the lack of risk assessment, I'm not sure the other instances are bad enough. When I returned from mat leave I was told by a very senior manager 'this job may not be for you' at a meeting to discuss flexible working hours. I didn't expect them to accept any request but HR encouraged me to submit one just in case. I have an email of a veiled threat of disciplinary action from the same manager after I had to take an unpaid day off to care for my little one when she was sick due to the impact that day had on business needs. There are more examples but i'm assuming i'd need cast iron proof that things were said but often they were said to me in one to ones. I can't imagine there are many employers that will say outright 'we want rid of you because you're pregnant/ a mum!'.

Savvy_Sue

Do you have this kind of cover on your home insurance? Check!

grumpfish

Unfortunately, I don't have home insurance. I'm learning some valuable lessons as a result of this fiasco! I have access to a legal advice helpline through my bank account, but it's so hard to explain the whole thing and I've been through it so many times I feel like my brain is totally addled!

grumpfish

Hi,

Would anyone be able to offer advice regarding redundancy and mat leave? My employers also intend to make a number of redundancies in the next few months. I'm the longest serving member of staff in my team and being on mat leave I understand that I have some form of protection. However, due to this first warning, if they choose to use disciplinary record as a criteria for selection as i'm sure they will, would this mean that they could legitimately make me redundant despite my length of service and my being on mat leave?

Also, they changed the job title of my role when they took the new staff on earlier in the year. My job title remains the same and the two roles are effectively identical. Can they some how make me redundant under the guise that my role has been made obsolete? I really wouldn't put anything past them

tizerbelle

For some reason site won't let me include links but try
www. maternityaction. org. uk
Select "Your Rights"
Then "More detailed information for parents who are working"
And about halfway down that page are factsheets about maternity and redundancy.

ETA: Its letting me add links again so here it is
http://www.maternityaction.org.uk/workingparents.html