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To request she's fired.

(118 Posts)
Twocatsonebaby Wed 07-Mar-18 10:22:52

So I'm 37 weeks pregnant. Came off maternity last November and took holiday which I was entitled to until early December. I was 24 weeks pregnant when I found out I was carrying ds. As soon as I had my midwife appointment I handed in my matb1. In which my HR manager lost it. Not once. Not twice. But today I'm picking up my third to send it off as an emergency to my main head office.
Filled in my paperwork, it's not been sent off.
I've been underpaid during the SMP qualifying period and there's no evidence of the backdated pay I got on my payslips. Which I'm now worried could put me in trouble in terms of tax.
She wouldn't give me my backdated pay for months and each month I was underpaid I had to pay my bills off a credit card. It's mounted up and I'm in trouble.
My pay came in January thankfully.
So I told her at 33 weeks I wanted to take holiday until 35 weeks and then start maternity leave. This covers me to be entitled to SMP again. But wait, she underpaid me! So I won't be getting SMP!

I phoned head office today to try and sort it to find out they didn't even know I'm pregnant! I won't be getting paid at all next week. I'm struggling enough as it is. So I can't pay my rent etc. An ds is due at the end of the month. I'm fucked.

Ive been told to write it down, send off another matb1 directly to them and write down all my greivences. Which includes forcing me to take an antenatal appointment unpaid (I couldn't rebook my gtt and they refused me on it several times). Which I'm now told by my midwife it is illegal.

Should I also request some sort of compensation for this? I'm with a union. But this isn't the first time I've been screwed around and HR should've sent off the paperwork months ago. It's discrimination. Could I also request for her to be let go?
If I can't be paid I'm going to have to ask to be let go as I'd get jsa. Which is better than £0.
I'm so worried because I'm in trouble with my credit card due to being underpaid and unexpectant bills came out. I can't pay my rent. I don't know how they expect me to live.
Is it also worth me phoning acas?

Mammyloveswine Wed 07-Mar-18 10:27:01

I would seek advice from the CAB in the first instance. They will be able to advise about a lot of your worries and questions and will no doubt advide you contact Acas also but in the meantime they can help you claim any benefits you will be entitled tom

I really feel for you op, sounds extremely stressful!

morningrunner Wed 07-Mar-18 10:27:07

Message withdrawn at poster's request.

carnassials Wed 07-Mar-18 10:28:38

Sounds like gross incompetence to me, definitely phone ACAS, they can be very helpful.

gingerfoxcub Wed 07-Mar-18 10:30:56

Don't comment on her employment. Lay out all your issues, keep it impersonal, and request they sort it so you are not adversely impacted financially. I'd give HO the chance to act and fix it first but talk to your union etc as well.

They should investigate and discipline her accordingly, but her employment isn't any of your concern.

Twocatsonebaby Wed 07-Mar-18 10:32:36

Thank you! I've got no clue where to start. My rent is due next Wednesday so I need the money for then. My birthday is next week and family are giving me money so I'll use it to bail myself out thank god. I don't even know how to go about using the union I know who our rep is, but no clue how to go about it in the first place sad

Twocatsonebaby Wed 07-Mar-18 10:34:40

@mammy what is CAB?

Twocatsonebaby Wed 07-Mar-18 10:37:41

Oh! Okay citizens advice. Thank you smile

katmarie Wed 07-Mar-18 10:38:21

Cab is citizens advice bureau

With the union if you know who your rep is, call them directly, or go into see them. Tell them you need some help, and give them a copy of all of the evidence you have. Emphasise how urgent it is. Be clear about what you want the resolution to be, keeping in mind getting her fired might be very satisfying, but it isn't going to pay your bills.

LivLemler Wed 07-Mar-18 10:46:51

Perhaps it's naive of me, but I imagine head office will be doing all they can to make sure the situation is rectified for you as soon as possible - it's the smartest thing they can do.

Contact CAB absolutely, but send head office as much factual info as you can as quickly as you can, to enable them to help you asap.

TestingTestingWonTooFree Wed 07-Mar-18 10:51:08

Asking for her to be fired is spiteful. I suppose you’re a perfect employee in every way? hmm It’s not your business how she’s disciplined for ballsing up your Maternity pay. Focus on getting that sorted out.

SeniorRita Wed 07-Mar-18 10:52:02

Sort out your pay, ignore her - you can't request that someone gets fired anyway. You can raise a grievance.

I doubt it is discrimination, I expect she is this incompetent with everyone. Or someone is, it may not actually be her you know (but that's not for you to know really).

Just raise the grievance, get your back pay, get your SMP based on the right pay (were you in work at the qualifying dates - it actually sounds like you were, if no SMP then you can apply to the govt for maternity allowance) and get the pay back for the unpaid times you took ante natal appointments.

enjoyingscience Wed 07-Mar-18 10:53:09

Your union should be all over this for you - but reps can be rubbish so maybe look on their website as there may be a phone line? I agree with what others have said - how she is dealt with is a matter for management, you just need your issues addressing.

Hope it gets sorted for you quickly - it sounds terrible.

GinnyBaker Wed 07-Mar-18 10:54:24

My God this sounds so stressful.

I'd forget about her and getting her sacked etc.. its not something the company should be talking to you about. I'd concentrate on the fact that she was representing the company, and as such has made several discriminatory mistakes towards you that need to be rectified immediately. I'd send them a detailed but factual timeline of all interactions with this woman, as well as a list of what needs doing now. Absolutely refrain from any sarcasm etc even though it must be so so tempting. Remember anything and everything you send may end up in a legal process so be squeaky clean.

Namechange101110 Wed 07-Mar-18 10:55:46

Just phone your union, they'll talk you through what needs to be done. Good luck OP, my employers took a month of pay from me during maternity leave. It took me ages to sort it out myself so I think bringing the union in would make things at lot easier.

UpstartCrow Wed 07-Mar-18 10:57:42

Contact ACAS today.

0300 123 1100.
Monday 8am-8pm, Tuesday 8am-6pm, Wednesday to Thursday 8am-8pm, Friday 8am-6pm and Saturday 9am-1pm.

www.acas.org.uk/index.aspx?articleid=2042

thecatsthecats Wed 07-Mar-18 10:58:44

Testing - whilst I agree that asking that she be fired is not the right course of action, the 'I suppose you're perfect' comment is frankly ridiculous. This is a pretty significant breach of her responsibilities to provide legally and contractually enforceable rights to an employee, and as a company director I would take a pretty dim view of failing to either resolve the problem or raise the need for assistance if struggling.

Garmadonsmum Wed 07-Mar-18 10:58:48

You can contact your union directly, just look them up on google. I'm amazed you haven't already. Don't focus on sacking or compensation. You want it all sorted so you get what you are entitled to!
Obviously the late news about the pg has made things that normally happen over maybe six months are rushed - but that doesn't excuse the repeated underpaying (whats that about??).

f83mx Wed 07-Mar-18 10:59:41

You can't make a request she's fired thats down to the employer, get everything down in writing as priority - a full timeline with copies of any written correspondence and as best you can remember notes of any tel calls to any relevant parties. Request a meeting urgently with you union rep to discuss next steps. You can also seek advice from CAB or ACAS but i would prioritise your union at the moment.

fruitbrewhaha Wed 07-Mar-18 10:59:55

Definitely call your Union Rep. Ask for a meeting asap. Work out exactly what the company owes you, and how much you have paid out in credit card fees and ask to be reimbursed.
If they have input the incorrect figures into their payroll which means your SMP is incorrect they will have to make up the difference at their expense, if they are unable to claim the money back.
Outrageous incompetence but as suggested upthread, don't make this personal about that individual. Just state the fact. They can make their own mind up about her employment.

Twocatsonebaby Wed 07-Mar-18 11:00:02

I'm pissed off.
My brother committed suicide. They made me come in. Which I did as I needed to keep my job.
I've been pregnant and with dd I had severe spd to a point I was almost in a wheelchair still went in. Still did the overtime they put me down for. Cause I couldn't refuse. Never complained.
They've put me in for the wrong shifts since I've been back and not notified me. It's done around dd so her childcare and opened up a case against me for no reason. I was given times and told they'd stay. I had no notice of shift changes. I'm just so fed up of this bullshit. Surely it's too late for me to apply for maternity pay now? I don't know how long they can expect me to go on like this. Not to mention dp was let go from his job and we've been waiting since January for income based jsa to come through. Which doesn't seem to be happening. I have nothing. Literally nothing and I'm so scared it'll be months before I see the correct pay sad I'm so angry.

bostonkremekrazy Wed 07-Mar-18 11:01:39

Yes ACAS. They were brilliant with me when i had a similar problem.

Twocatsonebaby Wed 07-Mar-18 11:01:44

Thank you upstartcrow. My union rep is currently on a cruise apparently so no chance of that. Just go to them direct online?

bridgetreilly Wed 07-Mar-18 11:01:48

Write it all down, send copies to HR, head office and your union rep. And I agree, top priority is to meet with the union rep and explain the urgency of your current financial position due to the incompetence of your employer.

Snowyrange Wed 07-Mar-18 11:02:28

Appalling but focus on getting your pay.

Right an email to the HR director or head of HR , be very polite but do explain that you are 37 weeks pregnant and wish to receive

A letter specifying what you are entitled to and the workings that they have undertaken to do this,
Let them know that you have incurred bank charges due to mishandling of your pay,
Let them know that it is the third MAT1B form you have provided because previous ones have been lost,
As about whether keep in touch days will be paid for you having to sort out and chase up your pay and obtain further Mat1B forms,
A manual payment to rectify any underpayment (they should be able to do this within a day) should also be communicated to you in writing.

Good luck - no excuse but I have done loads of maternity payments and always get them checked out by someone else as they can be a bit tricky but it is rubbish that your employer is doing this to you at this time.

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