RE: Made Redundant but with a twist

[grantboy]

Good Morning All,

I trust everyone is ok?

The question goes as follows.

My partner who is 4 months pregnant was made redundant yesterday from a job which she has held for over 18 months. She happily made her way to work and when she arrived there was a letter waiting for her informing her of her redundancy however the following issues standout.

1. Redundancies where never discussed at all by any employee or managerial staff.
2. She has been made redundant with effect immediately. No 1 week notice.
3. She works in a fish and chip shop and therefore her working slots (Tuesday, Thursday and Friday Nights) i now open. Can these be filled?
4. The owner of the shop has decided to keep the younger staff who are paid minimum wage even though there has been stealing from the till.
5. He owns several business where some of the staff work cash in hand.

6 and he has also been known to give out loans without declaring them to the HMRC.

1. He has not followed the last in last out theory. I know this is not to be done by law but what are people's thought's.

My partner is consulting her solicitor today who is excellent but I just wanted to get an opinion from another source.

Kind Regards
Grantboy

Take care all you pregnant mums.
and remember if you have been falesly accused by the social services then contact www.fassit.co.uk

Sounds suspicious to me!

from me too

Kyte is right. It's not the person which sparks redundancy, it's that the post is redundant. Unless the boss can show there are fewer shifts now on offer it sounds like unfair dismissal.

Have a look on the Acas website.

Hi,

There is a clause about redundancy that says they cannot employ another person to do your job for 6 months after they have made you redundant - however to get round this some unscrupulous employers change the terms of a contract from say a cashier to a cashier/merchandiser to get around the law. Keep an eye out if someone else gets the job she should take them to industrial tribunal - my guess is that one whiff of this and he will settle out of court. He is on dodgy ground making a pregnant woman redundant without the necessary consultation periods and notice etc.

Hi there,

Sounds like your girlfriend has a very good case for unfair dismissal.

I don't think there is a minimum consultation period when making less than 20 employees redundant, however, the employee must be consulted about the process, and given the right to appeal.

The employer also has to show that he has tried to avoid making people redundant by changing shift patterns etc.

The last-in last-out criteria for selection is of less relevance here than the fact that your girlfriend is pregnant and therefore her selection is automatically unfair.

Get thee to a tribunal asap...

Good luck.