Hi,
I am a full time nanny working 40 hours a week with a family in which I have been with for 9 months, I am currently 14 weeks pregnant and feel that I have been subjected to sex discrimination and now going to get a loss of earnings and smp as a result.
I will try to fit in as much as possible so you can get a good idea about the mistreatment I have received and now why I have felt the only option due to stress, intimidation and not wanting to cause harm to my baby I have felt the need to resign my position without notice.
Firstly I will outline the mistreatment, avoidance, and reduce in hours that I know is because of my pregnancy and them wanting to avoid paying any tax throughout my whole employment (I have proof as have been told by them they haven't got round to it each month) and also wanting to make me quit my job to avoid paying for my statutory maternity pay.
Firstly I will state roughly in order what's been going on:
I told my employer when I was 8 weeks pregnant, and she seemed ok with this then. I then went on to state that could she please sort my tax out asap as she would need to pay my smp which I advised she could claim in a lump sum as she was classed as a small business. During this conversation we talked about things like I would be wanting to work right up (if possible) until I was 8 months pregnant, she was happy with this and stated yes that is fine we will see how you feel and how your pregnancy goes.
Before telling her I was pregnant she was all for me, saying that she would want me until the children were at school and how I was such a lovely nanny etc. Also we often talked about how good I was for the children, how she loved having a nanny and how helpful I was and that the children loved me. She was happy with my performance and there was never an issue raised in regards to that.
First off there have been healthy and safety issues, having to climb in through windows to get into work, after telling her I was pregnant she suspiciously upped my workload I think on purpose to drive me out of job, and no health and safety risk assessment carried out. Avoided any meetings I requested with her and made it difficult for me to address the situations.
A few weeks after telling her this I started feeling that I was treated differently, she would ignore any requests I had, and I had late payment issues which she avoided resolving stating to talk to her partner as he deals with the money side and leaving me unsupported and alone. The partner was never there as he worked unsociable long shifts, I tried to telephone, and message him and leave messages with her to pass on, all in which I was ignored. After this I saw her ad on a childcare website stating that she was looking for a nanny for 20 hours a week (not the 40 that I work) and that she wanted them in the mornings and that the nanny would be dropping them to a nursery she is getting them into for the afternoons, and wanted someone to start asap (without even consulting with me whether firstly I wanted to leave, or the offer of change of hours - but I had a contract that states she has to give me 8 weeks notice!!) . I was appaled with this and could clearly see she was trying to drive me out of a job completely and know it's because she didn't want to pay my smp and deal with a pregnant nanny that may have sickness or any complications).
She told me on the 24th January (2 days after the childcare add) and contacting various nannies in which I saw their names on a pad she had accidently left around - that basically she wanted to get a nanny for 20 hours a week so when could I leave work by, and did it have to be the full 8 weeks notice!!?? I obviously stated of course it does and said to her I didn't say I wanted to leave yet, I may accept the 20 hours. When I said this her face dropped and she sort of looked at me and said well I thought you would have wanted full time but have a think and get back to me.
Now a bit after this during my pregnancy i've had some days off sick, often I have passed out in the morning and a friend/boyfriend has had to help me to bed and contact her to state I was sick. She has rang me up stating that she was in her words 'pissed off' with me and this couldn't keep happening otherwise she would have to get rid of me or reduce my hours down if I couldn't meet the requirements, and said that she was never ill in her pregnancy (isn't she supposed to realise that all pregnant women are different). I stated I didn't want to reduce my hours, and was happy to keep working and didn't want to lose my job or hours as this would be a loss of earnings and felt that I was capable of meeting the hours and work required, that wasn't the case. I said I cannot help it if I am ill, on 2 of those days I have a very painful UTI in which I was in hospital for due. she said it can't happen again otherwise she would have no choice and her partner agreed to not keep me on. I felt bullied, intimidated pressured and arkward whilst at work, and constantly in tears and stress and anxiety because of her remarks she was making. She started avoiding me, giving me blank looks, not speaking to me and just left for work and said bye to the children and not me, basically I was ignored and felt she was trying to make my work life impossible so I would leave.
After our conversation about the sickness I just mentioned in the previous paragraph she stated that she had made other arrangements for childcare for the next day as she did not trust my reliablity to come into work, I stated that I am no longer sick and could in fact come in, she stated it was too late and her father was to have them. I said well I still have to be paid for tommorow as I am ready and available for work, and have to work contractual hours. She was angry and insisted she did not want me in and that I would not be paid for it.
Since then I have been (everyday) giving her information, telephone numbers, reseach to state that infact she does have to pay and I only get ignored, or meetings cancelled that have been arranged and left to feel unsupported and alone. Finally yesturday I was at my last straw and decided with all this mistreatment, loss of earnings, constant grief, avoidance, ignorance, intimidation that I would have no option to walk out of the job with no notice due to stress, anxiety and me being in tears.
Now I sent her an email confirming all the information I feel I had been subjected too and she shows no compassion, and no apology just blame, stating she can't have someone sick, that she wants the best care for her children (when remember she said before my pregnancy care wasn't an issue and she was very happy with me) she confirmed that she wouldn't want to keep me on if I was sick again, basically ttrying to come up with every reason blaming me..
Now I stated I want my payment still owed for loss of earnings, also any accrued holiday as I would have still been in this job if it wasn't for my constant mistreatment. She is still denying me this. Also within the email she is saying that as you know you are in your 8 weeks notice (which by the way she hasn't bothered to give it in written notice) that we agreed that you would leave your job after this and we agreed it would be best for everyone (ABSOLOUTE RUBBISH) who would agree to be out of a job, she had to offer the 20 hours a week - this proves shes just trying to force me out!
My questions:
- what should I do concerning tribunal?
- Do you think I have a case?
- Would I still receive my accrued holiday if I felt I had no option but to leave because of this mistreatment, and constant stress which could harm me and my unborn child?
- Do you think I will win the case?
- What in this situation (if you know) sort of pay out and compensation/or loss of earnings as I would have still been in employment would I get?
- If she (which she has) tried to avoid smp would I get that too?
Thanks guys sorry so much.
N