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Legal matters

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Original poster

Help, gross misconduct on maternity leave after fighting for same job back

21 replies

TreeHuggerMum1 · 08/01/2010 21:56

I am on maternity leave at present and was due to return on 18th jan. In Nov my boss told me I could not have my job back and offered me a really crappie substitute which involved more hours. I told him he could not do it and he said yes he can and told me to go away and think about it and let him know in person. He said do not write to me or email me.
I spoke to ACAS and they said he was out of order and to write to him to say he was wrong. I was then suspended pending an investiagtion into cash theft 4 weeks ago and now have been asked to attend a meeting as they have found evidence I have stolen cash in 2008. Small amounts of for example 14.28 were stolen, bear in mind we dealt with thousands of pound daily. These are obviously minor mistakes which he is trying to pin on me.
He has someone who used to work there that does not like me say that she always thought I was doing this.
I am in no doubt he will sack me on Tues.
I am happy to go to a tribunal but dont know what to expect or how much it will cost etc...

OP posts:

lambanana · 08/01/2010 22:25

Sorry no advice but I have to say that is truly shit for you.

lambanana · 08/01/2010 22:25

Sorry no advice but I have to say that is truly shit for you.

wingandprayer · 08/01/2010 22:30

Do you have legal cover via your household insurance? If do, call it.

If not, I think is seriously worth finding solicitor on Monday or delaying meeting. You need to have your legal position crystal clear before you go anywhere near employer if possible. If you can't write down everything you remember so far and keep notes at meeting and then see lawyer.

IsItMeOr · 08/01/2010 22:31

Are you in a union TreeHuggerMum?

Otherwise, I would get down to the Citizens Advice Bureau asap.

mrmellors · 08/01/2010 22:34

You MUST get advice on this, either from a solicitor or CAB. You have a right to be accompanied to the meeting by a lawyer or trade union rep, and even if you're dismissed you have a right of appeal. Dismissals while on mat leave are extremely difficult for employers to justify, especially where there is a whiff of trumped up charges.

Make sure you take all the paperwork with you, take notes, and ask for a copy of any notes that your employer makes. Put EVERYTHING in writing. If you end up at a tribunal this will be helpful.

Finally, even IF you're dismissed you would normally continue to be employed pending an appeal. It's really important that you put in writing your intention to return on the 18th and follow through with it. Physically turn up at your place of work so there is NO dispute about your intentions.

PLEASE get advice on this - or at least check out the sections of the ACAS website on fairness of dismissal and pregnancy dismissals - these will tell you all about fair reasons and fair procedures.

Finally, do you have legal expenses insurance - some people have it on their buildings and contents insurance and don't even realise it. You can handle a tribunal case yourself but always nice to hand the stress over to someone else.

Original poster

TreeHuggerMum1 · 08/01/2010 22:34

Not in a Union and if I joined one they couldnt do anything for 4 weeks so not really got the time.

OP posts:

mrmellors · 08/01/2010 22:37

Also try the Commission for Equality and Human Rights - they have a website. They can also provide advice I think by 'phone.

mrmellors · 08/01/2010 22:38

Phone number is 0845 604 6610.

Original poster

TreeHuggerMum1 · 08/01/2010 23:00

At present I cannot take my solicitor to the meeting as it is still considered an internal process even though they are taking theirs. It is the employers decision who you an take and they say a co-worker or union official. I am taking someone on mat leave with me but it will make things awkward for her to return in March.
The EHRC have said same as ACAS until he actually sacks me they can't do anything. I either quite or allow myself to be sacked.

OP posts:

mrmellors · 08/01/2010 23:30

Sorry that is right - your legal right is a co-worker or union rep.

callmeovercautious · 08/01/2010 23:37

treehugger -I think I posted on a thread recently about this - you were suspended for accompanying a friend to their disciplinary over cash loss???

I think you need to write out the whole story as I am confused now.

Monty100 · 08/01/2010 23:52

What would happen if you said you couldn't attend that meeting because of childcare and appoint a date yourself? (Asking others as well as op). If he insists on date you could possible get him for sex discrimination as well.

Employer is a twunt.

Original poster

TreeHuggerMum1 · 09/01/2010 07:57

Monthy27 - I can change it once but any more than that and he can ahead and have the meeting by proxy without me in which case he will absolutely find me guilty.

Callmeovercautious - yes thats right, I was suspended following agreeing to represent a friends sexual harassment grievance meeting but they did this exact same thing (gross misconduct) to her so she resigned and walked away. They deny that it has anything to do with this and so my solicitor has said it is a stronger case for me to class it as discrimination thru my maternity leave as he had already told me I could not do the same job with the same terms prior to me agreeing to the other womans meeting.

If my representative cant make it (she has a young baby) it will be me and my boss, my bosses brother and their (male) solicitor... The brother will apparently make the impartial decision (yeah right!!)

OP posts:

IsItMeOr · 09/01/2010 09:00

This is awful TreeHugger. Sounds like an awful place to work tbh, but that's not the point, a job is a job and you have legal rights while on mat leave.

Sorry if this is a daft/tactless question, but I'm assuming that you didn't do what they're accusing you of?

Have you seen this?

It sounds as if you are doing the right things in terms of putting your initial complaint in writing (which I think you have said you did) and then going through their process. The next step would seem to be to go to ACAS if he does dismiss you.

Very best of luck with this, it must be incredibly stressful for you.

HellBent · 09/01/2010 09:14

Hi treehugger sorry you are going through this, I went through a similar thing here got loads of advice from flowerybeanbag and others. Cash went missing that I was being blamed for along with 3 others but I didn't take it. I wasn't on maternity leave though so I'm not sure if same advice applies.

duchesse · 09/01/2010 09:27

I'm sorry but how can you possibly have taken cash 4 weeks ago if you were already on maternity leave? Surely that makes his whole case against you groundless. He is evidently trying to prune his workforce without cost to him by circumventing the legal redundancy requirements and will doubtless go under as a business very soon anyway. He is however a worthless shit for doing it this way and deserves to be taught a serious lesson about how (not) to treat people. I think you should do everything in your legal power that will not cost you anything to teach him this lesson. You sound feisty enough, but be gentle on yourself if you have just had a baby.

Monty100 · 09/01/2010 14:53

So you employment place is unionised but you aren't a member?

I hope your friend gets a lawyer and does them for constructive dismissal.

Tree - you must take a witness with you and if you could a lawyer, even one of those no win no fee ones if necessary. Try CAB? I know time is tight and this is a disgrace particularly when you have a young baby. May I ask what sector this is? Have you looked up the TUC website?

I'm really sorry you're going through this. When I was on maternity leave once my employers rang me at home to say someone else was taking my job and they'd relocate me when I got back. I stopped them right in their tracks there and then but I'm unionised. I really don't think they can do this legally unionised or not!

OldLadyKnowsNothing · 13/01/2010 18:18

You can take a union rep even if you're not a member - if the rep will agree.

gloomgirl · 13/01/2010 18:27

I was in a similar position some years ago and wasnt a union member. I joined on the morning of "the meeting" and the union rep came with me and wiped the floor with my boss.

Original poster

TreeHuggerMum1 · 15/01/2010 08:39

Monty27 - No we are not unionised so there is no union.
Duchesse - The money was taken in 2008, how stupid is that...
Gloomgirl - have looked into unions and apparently I needed to be a member for 4 weeks before they would attend. Which Union are you with?

I had the meeting though and I did manage to persuade the mum on mat leave to come with me.
It was awful, and hour and a half of accusations but I stood firm, said it was a joke that the incidents were in 2008 and that the only reason I was there was becuase I was due to return next week.
I asked for my solicitor to attend and they refused point blank.
They are now deciding and I am suspended (with pay) until they decide what to do with me. I hate the place now and just want out but I daren't resign until this is resolved.
I have said (in writing) that I think they should make me redundant because I will take them to a tribunal immediately if they sack me for theft from over a year ago.
Now I wait.

OP posts:

Monty100 · 27/01/2010 14:20

Tree

Have you taken any legal advice?

They are shocking.

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