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Has anyone challenged their work for gender descrimination?(10 Posts)
Hi I'm currently challenging my work for gender descrimination and wrongful dismissal.
I'd be really interested to hear if anyone else has done a similar thing and how it went? Or if there are any solicitors on here that have a good idea that would be great too.
Basically I got made "redundant" although they haven't used this term 2 days before Christmas. I'm 7 months into my maternity leave and they are refusing to pay me the rest after a 4 weeks notice period (paid SMP) as a gesture of good will. They owe me 4 weeks SMP, my outstanding holidays and I think a weeks full pay paid notice period? They are refusing to pay this.
In summary they hired 2 members of staff perminately to cover me whilst I was on mat leave. They are now saying I am not needed in the business, but are keeping the other two on. They haven't even tried to justify it with a redundancy process ie a pool, a scoring system. They never gave me any prior warning or right of appeal, just literally a letter saying you are no longer needed and your job will be terminated 2 days from now.
I have sent a grievance in and it is now going to acas to attempt an early concilliation. What I want to know is what are the chances of me winning? And if so what is a likely payout?
Have they provided you with written reasons for dismissal?
What is your length of service?
Did they advise you of any alternative vacancies?
Sounds pretty appalling
It sounds like its automatically unfair dismissal (assuming you've been there more than 2 years). Are the other 2 males?
I've been with the company just under 2 years so cannot claim unfair dismissal, but acas have advised me that maternity descrimination and wrongful dismissal are good claims. They sent a one page letter saying that my needs are no longer surplus to requirements and they have considered alternative roles and cannot offer me one. There are currently three members of staff doing my role (women).
If you want advice, BDBF solicitors in London are fabulous. I used them after a friend's recommendation (they were great for her too) when I had trouble at work. Ended up leaving with a very good deal on what was a disappointing and upsetting situation.
Good luck, don't let it get you down, these things are tough, but you'll get through it and come out stronger. The best advice I had (which was horrid to hear) was to "accept the beginning of my divorce". I adored my job, was bloody good at and loved the company I worked for. When I accepted things and got hard nosed (with the help of BDBF), removed the emotion and treated it as a business deal I felt a lot better and walked away with a very fair amount of money.
It sounds absolutely bloody awful OP. Cold comfort but you’re better off in the long run without people who treat you like this. I think it might be worth taking professional advice on any potential claim rather than via here, if you can x
As well as discrimination and wrongful dismissal claims you may also have claims for unlawful deduction from pay in respect of the non payment of SMP and automatically unfair dismissal due to having taken maternity leave.
You don't have to be employed for 2 years if you have been unfairly dismissed because of pregnancy/maternity leave. You can file an employment tribunal claim for your outstanding maternity leave and your holiday pay.
However, if you phone ACAS, they can give you advice on the best approach. I would think they will advise that you first write a letter, raising a grievance against the dismissal, and asking on what grounds you are dismissed. Also, against the failure to pay the remaining Maternity Leave in the event that they maintain that you are dismissed. (I don't think you would be owed a full week's pay as notice, btw, the four weeks notice is your notice, and the fact that it's at SMP is irrelevant). Thirdly, why are they failing to pay the accrued and outstanding holiday pay? Finally, that you consider this to be unfair dismissal due to the fact that you have asserted your right to take maternity leave. But they will be able to give you proper guidance.
If that doesn't fix things, you'll have to get an Early Conciliation certificate from ACAS. You can choose whether you want ACAS to try and mediate with your employer or not, but in any event, you have to get a certificate to show that you've considered it and told ACAS you're going to tribunal.
Finally, if all else fails, you go to tribunal.
Thanks guys I've spoken to citizens advice, ACAS and a friend who is a HR manager who have helped me to form a grievance letter stating my case. I followed ACAS suggestions and will need to see their response. I got a snotty acknowledgment basically calling me a liar and trying to intimidate me. I'm not looking forward to the real response. I will keep you informed.
The notice pay depends on the provisions of her contract. If she’s only entitled to statutory notice she’ll be entitled to a week’s full notice pay as well as her SMP. If she was entitled to more than a week over statutory notice they’d be entitled just to pay the SMP. As per (I think) s87 of the employment rights act