Employment Discrimination

[legalwoes1]

Hi all,

I'm currently going through a legal case against former employers - they "made me redundant" whilst pregnant and I have a pretty solid case.

I've recently had their witness statement through and to say it's ludicrous is pretty generous. I just wondered about the following:

• They have literally admitted to not having a HR dept, not seeking HR or legal advice during the redundancy process and "not being HR professionals ourselves, tried to ensure a fair redundancy process was followed" - is this not just an admission of guilt?

Also,

• 3 people were in the selection pool for redundancy, 2 managers and a general staff member. One of the managers was involved in the selection process, despite being up for redundancy themselves. This is mental, no?

I'm just starting to doubt myself as this have been ongoing for years and we're near the end, I need reassurance that this is the beat course of action and am interested in other legal professionals opinions.

Thankyou for your help, apologies for the slightly garbled post, I'm a bag of nerves rn!!!

I am not a legal professional. just want to wish you good luck, stay strong. selecting the pregnant person for redundancy seems like an open and shut case of sexist discrimination to me.

@ElluesPichulobu Thankyou so much 💕

Hopeful bump

Try posting in employment issues. There are some real experts on that board who will have advice. Or ask MNHQ to move your post.

Good luck.

Perhaps they think ignorance of the law may get them off. That an genuine error is not discrimination?

Sometimes it is best to go with your gut feeling that they may have shot themselves in the foot than second guess yourself.

Lots of businesses don’t have a HR department or even a dedicated HR representative. I don’t see your point there.

@misspiggy19 yes my point wasn't too clear there. I didn't mean to put that they don't have a Hr dept, I'm aware a lot of places don't have a HR dept. It was mainly the bit about not seeking HR advice from an external source because they don't have a HR dept. Hope that clarifies.

Oops NC fail 🤦🏼‍♀️

Agree, your point about lack of HR and 'trying to follow a fair process' is both wrong and irrelevant.

Having the at-risk manager on the selection panel does sound a bit iffy. However, this on its own doesn't automatically mean your selection was unfair or discriminatory. That's for the ET to decide, based on having the full story.

Not seeking legal advice is foolish, but not something wrong / illegal in and of itself.

Hi

Not having a HR dept or consulting one isn't an issue as long as they followed the law regarding the process.

Having a manager also up for redundancy be involved in the selection process is also not an issue as redundancy is about the role not the people, so their role was different and as such they could make decisions around who in the other role was selected for redundancy. As long as they followed employment legislation while make that decision.

You advise that you were pregnant at the time of redundancy. You can be mapped redundant while pregnant but there are specific considerations the employer must make.

They must be able to demonstrate that you have not been treated less favourably because of your pregnancy. You also may be entitled to SMP from them alongside any redundancy payment if you meet the criteria.