Employment Tribunal Questions

IAmWales

I'm unclear if an employer is obliged to pay for to pay for nursing registration - I would assume yes, but it could be dependant upon contract.

It's normal for a nurse to pay this themselves in the private sector, unless their contract states otherwise.

matlof, how much are you claiming for and how much was she offered initially?

Undervalued

matlof wrote: »

Hi undervalued.
You wrote that it is easy to bogged down my points. Can you write how?
I know that my english is not very well byt in tribunal I will hace interpreter.
In my opinion what they did is legally unfair. Can you for example put preasure on pregnant wooman, described situation that she will think that will be unable come back to work and after that propose her setlement if she will resign?

Matt

Well that all depends on what form the "pressure" took!

Generally an employer can offer any employee a settlement to resign. That is not in itself unlawful.

Obviously the employee doesn't have to accept but if they do accept then the law requires that they receive independent legal advice before signing. That is called a "settlement agreement" (used to be called a "compromise agreement").

The law gives a pregnant woman a lot of protection but it doesn't mean they can't be dismissed. The fact that she is claiming constructive dismissal presumably means she resigned? That makes it much harder as you now have to prove that she had no viable alternative. Did she fully follow the firms grievance procedure before resigning? If not it has just got harder still.

Has she received proper legal advice on all this?

matlof

Employer met with my wife and said to her that she doesn't meet NMC requirements to renew her nurse registration. Manager said that she didn't work enought hours, she didn't have enought trainings and NMC will ask for employer to support her renewal and his massage is that employer due to safety issues can not support that and if she will not renew her registration they may have no place for her after matternity leave. It was all not tru, my wife easly renew nurse registration, and during grievance manager denied that he said somethinh like that. But like I wrote I made recordnig of meeting and can prove that he is lying.
They didn't treat other employees like that, and I consider that they treat my wife worst because befor pregnancy she made greiavance about race discrimination.
Yes my wife follow the grievance procedure, but employer to avoid employment tribunal answear to grievance in without prejudice way and she didn't agree for that.
Yes she wrote e-mail that due to employer behavior she is not able to come back as she has depresion and Employer treated that as resignation.

No she did't have legal advice

Comms69

matlof wrote: »

Employer met with my wife and said to her that she doesn't meet NMC requirements to renew her nurse registration. Manager said that she didn't work enought hours, she didn't have enought trainings and NMC will ask for employer to support her renewal and his massage is that employer due to safety issues can not support that and if she will not renew her registration they may have no place for her after matternity leave. - Well that so far is perfectly reasonable. It was all not tru, my wife easly renew nurse registration, and during grievance manager denied that he said somethinh like that. But like I wrote I made recordnig of meeting and can prove that he is lying. - that doesn't matter. If he said what he believed to be true, and you cannot prove that he didn't.
They didn't treat other employees like that, and I consider that they treat my wife worst because befor pregnancy she made greiavance about race discrimination. - What race discrimination? You haven't explained it at all
Yes my wife follow the grievance procedure, but employer to avoid employment tribunal answear to grievance in without prejudice way and she didn't agree for that.
Yes she wrote e-mail that due to employer behavior she is not able to come back as she has depresion and Employer treated that as resignation.

No she did't have legal advice

I think you have a very low chance of success. You are basing this on some very minor things. If there's more, now is the time to say it

matlof

But I don't think it is true with victimisation. And mostly I think that my wife was treating worse because she earlier before pregnany made grievance that she was discriminated because race.
Also I don't think that employer was luing to other employees or made false testimony or false documents against them.

Comms69

matlof wrote: »

But I don't think it is true with victimisation. And mostly I think that my wife was treating worse because she earlier before pregnany made grievance that she was discriminated because race.
Also I don't think that employer was luing to other employees or made false testimony or false documents against them.

What racial discrimination?? - explain it.

matlof

In the past before pregnancy she made grievance that she was discriminated agains her race. That other employees were tease her because of that. I think that since that time employer behaviour chnged. Before she was praised.
So she complained twice before pragnancy first time , and second time when she should come back to work

Undervalued

matlof wrote: »

Employer met with my wife and said to her that she doesn't meet NMC requirements to renew her nurse registration. Manager said that she didn't work enought hours, she didn't have enought trainings and NMC will ask for employer to support her renewal and his massage is that employer due to safety issues can not support that and if she will not renew her registration they may have no place for her after matternity leave. It was all not tru, my wife easly renew nurse registration, and during grievance manager denied that he said somethinh like that. But like I wrote I made recordnig of meeting and can prove that he is lying.
They didn't treat other employees like that, and I consider that they treat my wife worst because befor pregnancy she made greiavance about race discrimination.
Yes my wife follow the grievance procedure, but employer to avoid employment tribunal answear to grievance in without prejudice way and she didn't agree for that.
Yes she wrote e-mail that due to employer behavior she is not able to come back as she has depresion and Employer treated that as resignation.

No she did't have legal advice

Sorry but you need proper legal advice before this goes badly wrong!

What you "consider" is irrelevant. Either it is unlawful or it is not, that is all that matters.

If she "doesn't meet NMC requirements to renew her nurse registration" it would be illegal for them to employ her as a nurse so that would be a valid reason to dismiss.

Have the tribunal agreed to accept a written transcript of this recording as evidence? It is far from certain that they will. The employer's lawyer will do all they can to get this excluded. Whilst such recordings can be accepted in some circumstances they are frequently not allowed. It is for the judge to rule on this.

I repeat, get proper advice.

IAmWales

Does your wife require an interpreter? Is this part of the reason they can no longer support her registration? If so, that's not discrimination, it's a lack of capability.

Cheeky_Monkey

Private hospitals have all the money they need for top notch lawyers to defend their position and, personally, I imagine that they will wipe the floor with you (not literally of course).

You don't even seem able to state your case on an internet forum let alone in a Court where you will be nervous and totally inexperienced.

I also think that there's a chance that the hospital's lawyers will claim that your case is vexatious and may well apply for costs against you.