I'm sure I am about to be sacked, Currently on maternity leave.

[TerraNotSoFirma]

Colleague called yesterday to find out who my secret santa was for the Christmas party, Told her I hadn't been invited.
Then this evening I got an email from the boss asking me to call tomorrow as we 'need to talk about your job'
I have a very bad feeling about all this. Can they just sack me? Just like that?

wow nickelbabe, didn't know that! will go googling now, thank you (not attempting flowers again)

Right let's get the ball rolling on the biggest pay-off possible. It is definitely worth getting some legal advice but that is going to cost you so let's get that grievance letter in first and see what happens as you'll need to do that solicitor or not. If you have family legal protection on your home or motor insurance you should ring them now because you'll be covered from now as you've already been (illegally) dismissed.

I disagree with Nickel I'm afraid, no Union is going to be interested in supporting you through a case that's already in progress (so many of them aren't that good at supporting those who've been members for years) and as you've already been dismissed, the time for negotiation with the employer is past. Unless your employer makes you an offer you can't refuse, you will be going to tribunal to get compensation.

There are three parts to your case:

• Unfair dismissal - you have been dismissed without the correct processes being followed. You have more than the minimum of one year's service needed to make a claim.

• Maternity/pregnancy related discrimination. The argument is that had you not been on maternity leave you would not have been dismissed.

• Redundancy payment and payment for notice. This is a tricky one. When did your date of employment actually start? Well you were working in November so that would imply a start date of November 2009 which would mean you are entitled to a statutory redundancy payment (how much will depend on your age but as a guide is 1 week?s pay for each full year of service where your age was 22 or above, but under 41, capped at £400 per week) and statutory redundancy notice (one week?s notice for each year if employed between two and 12 years, or two weeks notice) even if your contract says different because you have two year's service. This is a weaker claim but no harm in making it any way.

There is potentially a further element to your case - you said you worked unpaid from November 2009 - February 2010. Did you receive any financial benefit for this? If not you may be entitled to make a claim under the National Minimum Wage Act 1998.

I will help you draft your grievance letter too.

Dear

I received a letter in the post today which stated I am made redundant with effect from 24th November 2011.

I have taken advice and I understand that this dismissal is unfair because you have failed to follow the correct redundancy processes including giving the required notice and consultation. I also do not believe the selection process has been fair.

Furthermore I believe that the reason I have been selected for redundancy is because I have taken maternity leave. This is direct discrimination as defined by the Equality Act 2010.

I would like to remind you that I have additional protection under Regulation 10 of the Maternity and Parental Leave Regulations 1999 which state that you as my employer must offer me a suitable alternative vacancy where possible instead of making me redundant. As I have no been consulted with in any way I can only assume that you have not followed due process in this matter either.

I also assert that my length of service is two years because I began working for you in November 2009, albeit unpaid.

I would like to add at this point, how disappointed, hurt and betrayed I feel by your actions. I have been a loyal employee and you have never raised any concerns regarding the quality of my work - it was only last June that you assured me I would be welcomed back to work.

Please respond to this grievance letter within 5 working days as if I do not hear from you within that period I will making a claim directly to an Employment Tribunal and all further communication will be made via my solicitor.

Your sincerely,

Kate, I officially love you. :) Thank you so so much.

I will get that typed up tomorrow and sent by recorded delivery first thing on Monday morning.

I'll have one more bash....

Would help if I read the instructions. oops

Just wondering now, Can they backtrack and form a selection pool/interview process or is it a case of they have made their bed?

And they can jolly well lie in it.

Wishing you the very best of luck Terra. :)

Loopy

(getting over-confident with the flowers now)

good luck Terra, its great that Katie in particular but others too can help you with this. I can only send best wishes that you get it sorted...

Nope they've already dismissed you so they have made their bed. The only things that would make a difference now would be if there were more redundancies than just you (ie they got rid of all admin staff for example) which would mean there probably wasn't a discrimination angle or if they offer you money and a compromise agreement. A compromise agreement and pay-off is not a bad outcome because Tribunal cases can take a while to be heard. Of course you may decide to allow them to persuade you to come back to work but that would be up to you.

Incidentally they don't need to have a selection pool or interview process, they can use whatever criteria they like so long as it can be argued it was fair. The old-fashioned way is LIFO (last in, first out). However, they have not consulted with you or told you what the process was so it is automatically unfair.

Oh, and apologies for the odd typo in letter. I have flu and a toddler who is just getting over it who was trying to help

Good luck Terra, your boss sounds an arse.

Star performance by Kate.

It's people like you that stop the bad guys winning!

Thanks Hermione, I didn't think so even though several people warned me against working for him, But he has shown his true colours now.

Should I get a payoff I am going to use it to learn to drive and set up my own bloody business. Don't know what kind of business yet but I'll think of something :)

Grievance letter is in guys!

:) please keep us informed if you feel comfortable doing so. Good luck ( not that it sounds like you need it)

Good for you - best of luck in holding this company to account.

I've just seen this Terra, good luck!

Good luck.

Stonkingly good letter, KM.

Just seen this and wanted to say what a shit thing to have happened and I really hope your old boss is quaking at the utterly brilliant letter written by KateM. I will be cheering you on in your battle with this unscrupulous bastard.

Good luck Terra I have a feeling this will be just the beginning of a long road but you have a huge amount of support here.

Thanks for complimentary comments about the letter Hopefully it won't be ignored

any update??

Update...

Met with my solicitor today and she thinks I have a VERY strong case and that he will offer to settle before it goes to tribunal.

I will be meeting with her again in the new year, she is preparing the case now.

I qualified for legal aid as well :)

Oh oh and there is an empty council house in the village :)

We maybe/might/possibly get it and won't have to go in the homeless unit after all, Keep all fingers and toes crossed please.

Kate Solicitor was most impressed with your letter :)