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Original poster

Employment Advice please

88 replies

Jenswish · 29/10/2007 13:04

Work are calling me in for a disciplinary on Friday?!! Apparently I'm bullying?! Its a load of crap there, they're just trying to get rid of staff cos the market isn't too good at the moment and I think they are losing money with so many employees. They've already fired 7 people who were on probationary periods so now they're resorting to bullying the others out of their jobs (They've brought the same things against 2 others who have just handed their notices in instead) obviously I can't what with being pregnant.

What I want to know is, if I don't get fired on Friday can I legally ask to go on my mat leave straight away? Also if I do get fired have I got a case for unfair dismissal?

OP posts:

Wisteria · 29/10/2007 13:51

Jen, if that's the case then they're mad for even implicating you in this. You could make life very difficult for them indeed; I would consider going to my GP and getting a drs note from him, use your time off to contact ACAS and gen up on your rights.

Original poster

Jenswish · 30/10/2007 15:38

Went to Midwife today who says I've got dodgy blood pressure and the baby's heartbeat is slightly quicker than normal (which is apparently stress related)

OP posts:

Kewcumber · 01/11/2007 11:59

whats happening Jen?

Original poster

Jenswish · 01/11/2007 12:49

Got my meeting today at 2pm, will let you know then

OP posts:

Kewcumber · 01/11/2007 13:27

oh good luck

sis · 01/11/2007 13:46

Good luck. Can I also add to the great advice you have received so far that you consider joining a trade union. Although it is too late for you to take along a union rep to the disciplinary hearing, if the company do take any action against you, you will have the right to appeal against it and you can take along your union rep. to the appeal hearing. He or she may help you write an appeal letter if it is needed. Union presence usually makes employers much more carefull of what they do!

Original poster

Jenswish · 02/11/2007 11:43

Well I had my meeting where I basically got torn apart and made out to look like I was an evil caniving bitch.

I stuck up for myself and behaved but once it was over they had to discuss what they were going to do and the stress of waiting 3 weeks for this meeting worrying whether I was going to have a job got on top of me and I stressed out and ended up in hospital where they've told me the baby is fine but i'm not.

I was told to either get to my GP and signed off or start maternity leave now! So I'm not in work and I don't know whether I have a job (as they wouldn't tell me cos they didn't want to stress me out) I'm off to see docs on Monday to get a note and hopefully sort things out.

I've already decided I don't want to go back cos the atmosphere is horrible and the way I was painted yesterday to my immediate manager was horrid BUT if I start to feel better then I'll go back cos I'm determined not to let them bully me out of a job.

I've just had a phonecall from my boss' boss to say that we need to resolve this so I've said I'll pop up and finish the meeting next week once I've got my sick note.

OP posts:

Kewcumber · 02/11/2007 13:27

if you are signed off you do not need to go back and finish it. (unless you choose to).

Sorry it was so unpleasant, I think you should consider taking some advice depending on what action they take if you are signed off sick.

Wisteria · 04/11/2007 15:47

As soon as you know what the outcome is and you have something in writing, call ACAS and explain the situation, they are not allowed to give you advice as such but they can advise you on whether the actions being taken are legal or not I believe - and whether you have grounds for an IT.

Either way, try to keep calm, relax and concentrate on your lovely bump. Nothing is worth getting stressed over while pregnant and sometimes walking away is sensible, even if they are in the wrong IMO.

Original poster

Jenswish · 07/11/2007 13:10

well I've been fired!!

Going to jobcentre tomorrow to get either SSP or SMP.

Then citizens advice!

OP posts:

Original poster

Jenswish · 07/11/2007 13:34

I've just read that even though I've been fired they still have to pay me my mat pay? Does anyone know if this is true?

www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp says it here.

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LilyLoo · 07/11/2007 13:49

Sorry Jenswish can't help on that one but have just been catching up. They really have no idea do they. I would go staright to a solicitor. I have been to a tribunal for constructive dismissal and i was effectively bullied out of a job and won. However the fact you are pg will massively put everything in your favour and i am sure amy solicitor would love to take on this case on a no win no fee. Give a few a call this is all very fishy. I didn't have to pay for any of my apts with the solicitor but it would be best to get the ball rolling whilst it's all still fresh in your mind.
Take some time out now to log absolutely everything you can remember.
Am completely at this but am sure that they will regret this decision.

Original poster

Jenswish · 07/11/2007 14:07

I was thinking of speaking to a solicitor. Do no win no fee people claim the money from the other side or will I have to pay them?

I'm knackered now from all of it, so im happy I know all about it.

I've just read that if I can do them for unfair dismissal on the grounds of being pregnant then I can also get them for Sex discrimination and I'll try to do something about the stress and the afternoon in hospital.

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LilyLoo · 07/11/2007 14:40

You only pay if you win your case which to me looks like a certainty. Just contact your local solicitor explain what happened then ask if they would take it on on a no win no fee. They will give you all the advice you need. I found mine brilliant and he also advised me what to say / do etc for any further meetings.
It's worth a try.

Original poster

Jenswish · 07/11/2007 14:43

Solicitor are pricey people though. I'm not sure if I want to pay someone to do what I could do (DP went through an unfair dismissal and did it all himself)

Might see if I can find a pro bono lawyer or one that recovers their cost from the other side.

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LilyLoo · 07/11/2007 14:50

might be worth asking on here if there are any solicitors get their take on it, or lawyers ?

LilyLoo · 07/11/2007 14:51

I had a friend who did it themself though and they lost even though it looked water tight so be careful and get lot's of advice.

Original poster

Jenswish · 07/11/2007 14:54

Will try speaking to no win no fee sols (I'm sounding all american aren't I with lawyer, lol)

Speak to Citizen's advice tomorrow and see if they know any. I'm pretty sure they let you see a sol for 1/2 hr free anyway.

OP posts:

Wisteria · 07/11/2007 15:05

Find a solicitor who specialises in Employment law rather than the 'no win no fee' outfits first, you should get an initial appointment for free. they will review your case and tell you whether you have a chance. The chances are that when threatened with a tribunal they will immediately settle out of court anyway; they are probably banking on the fact that due to being pregnant etc you will just disappear off and they will get out of it.

I must say it all seems very strange - to be fired with no previous on your records, it's hardly gross misconduct is it.....

What does your letter of termination say?

mixedmama · 07/11/2007 15:11

Appalled by the whole thing Jen... as I said on antenatal I have seen people who were actually doing all the things accused of win so i have no doubt that you will be successful.

Keep us posted.

Original poster

Jenswish · 07/11/2007 15:17

Hi wisteria,

I haven't had my letter yet. They're going to send it down.
I was told at my meeting its gross misconduct. I have however, just found my letter which told me about my meeting and it says the 4 reasons are:

1 - The misuse of company email to send inappropriate opinions and comments that undermine company management.
2 - The sending of emails that are regarded by the company as bullying which have had an adverse influence on new and existing members of staff.
3 - Your attitude to essential company re-structuring due to market forces
4 - Your general poor attitude and disloyalty towards the company.

Your actions in respect of the above cases have had an adverse impact on the company and are regarded as gross misconduct for which the outcome may be summary dismissal.

OP posts:

LuckySalem · 07/11/2007 15:34

It's still me "Jenswish" but I'm not wishing anymore so I thought I'd change the name

mixedmama · 07/11/2007 15:40

Have they elaborated on points 3 and 4... IMO they do constitute gross misconduct. But, i am no professional.

Even the first two only seem to warrant a warning.... and a verbal one at that.

LuckySalem · 07/11/2007 15:43

Point 3 is because they've cancelled the bonus system and I said I wasn't happy about it and that it was hard to get up in the mornings and do anything quicker or better when you're not getting paid for it.

Point 4 - Is because I said a couple of times that I couldn't be arsed.

mixedmama · 07/11/2007 16:00

You are entitled to air grievances with your employer tho. I think those points surely must be invalid. I hope somebody who knows what they are talking about comes along and says so.

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