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Original poster

what can i do if anything?

31 replies

nightowl · 22/05/2004 19:45

ive worked for the same company for 10 years. five years ago they employed another girl to help with my job. there are only the two of us that do this job, which i trained her for. i went on maternity leave in january and they had agreed to me going back part time. the company has just gone under and weve all been made redundant but theyve given this girl a job with the new company and not me. can they do this?

OP posts:
Piffleoffagus · 22/05/2004 19:58

bump up
and I think this might warrant a call to the citizens advice unless any mumsnetters are lega beagle eagles...
Sure someone is....
Good luck
xx

sis · 22/05/2004 20:15

Nightowl, I am sorry that this has happened to you - just what you don't need when you are on maternity leave. I am not really sure but you may have some protection under the Transfer of Undertakings (Protection of Employment/Employees??) Regulations - TUPE for short. This is specifically to protect the rights of employees when ownership of an undertaking transfers from one party to another and I believe that it can apply in some cases where companies have been bought after going into receivership. I agree with Piffleoffagus, get to the nearest CAB with an employment law specialist, or, even better, a law centre as soon as possible.

twiglett · 22/05/2004 20:31

message withdrawn

Original poster
nightowl · 23/05/2004 23:37

bump, anyone else?

OP posts:
essbee · 23/05/2004 23:53

Message withdrawn

colinsmommy · 25/05/2004 00:49

Sorry, nightowl, I was hoping for better news.

Original poster
nightowl · 25/05/2004 01:02

oh it gets even worse but i dont feel strong enough to post about it. thanks everyone for the advice xx

OP posts:
Freckle · 25/05/2004 03:49

If the other girl has been taken on by the new company in the same capacity as previously, then she hasn't been made redundant (redundancy means that your job no longer exists). You might be able to argue that you should have been taken on instead as you have more experience, etc. and that they didn't choose you because of your situation (i.e. on maternity leave). Tbh, they might be on a bit of a sticky wicket on this one. It doesn't look as though the company has gone under, but has been taken over by another one, in which case redundancy seems a bit of a ruse to get rid of certain employees.

Hali · 25/05/2004 12:22

Exact same thing happened to me while on mat. leave with baby no.2. I got some legal advice and threatened new employer with sex discrimination tribunal (on basis that I would have got the job at the new company if I hadn't been on maternity leave at time that company changed ownership and only able to work part-time). Fact is they were so terrified of being taken to court that they made me a financial offer, which I accepted. Apparently very few such cases actually get to court - the presentaion of a strong enough case to your employer is usually enough to scare them into settling out of court. Don't forget that the onus is on them to justify their actions and that is very difficult. I found CAB no use at all, and would advise getting some good legal advice, as it really gives you confidence and scares your employer! www.maternityalliance.org.uk is also FABULOUS source of rights for parents. Good luck and keep your chin up - I know how horrible this is. (But on the bright side - I ended up with 3 months salary gross, an extra few months off with my baby and am now in a new and better job )

Soulfly · 27/05/2004 10:05

i think thats terrible. No advice for you so sorry but i would go to the cab too. Hope you can sort it out.

Seems they are discriminating against you because you've got a child/s. Which is wrong isn't it?

Toothache · 27/05/2004 10:10

This happened to a PA at my work too. She threatened to take them all the way and was offered a rather substantial out of court settlement (20k approx). Definitely get onto the CAB and the Union too if you have one. Good luck, that is awful.

Blu · 27/05/2004 10:25

Nightowl - are you 0k? What's happening?

Original poster
nightowl · 28/05/2004 00:46

nothing yet thanks, been to cab and got an appointment with someone who specialises in this kind of thing...not for two weeks though.

OP posts:
sis · 28/05/2004 10:33

Nightowl, how about contacting local solicitors to see if they have an employment specialist for half an hours free advice (I think they usually do that).

Ixel · 28/05/2004 10:42

I was in a very similar position, but as my managing director was a lawyer, it was hopeless! The whole company was dodgy from the start eg they deducted my PAYE but didn't give it to the inland rev, had me on emergency tax, had illegal workers etc etc. They gave me a redundancy letter in September, when I'd been on leave since August, but it was dated July. Jesus! I reaaly hpoe you get things sorted. It made my blood boil to see my company just trading under a different name, to avoid paying creditors (including me), hiring new staff when they'd just got rid of us all.

LadyMuck · 28/05/2004 10:55

How many other employees of the old company have been taken on by the new company? And can you give any more info on the "new company"? Is it for example a previously existing company which is now doing some or all of the work done by your old company? Or has it just been set up by the management/owners of your old company who are tyring to start again? Are they doing the same thing in the same place?

Sis is right - you may have some rights, and you will need some specific legal advice as to which route to go. It does go without saying though that Employment Tribunals will be very reluctant to force the new company to employ you. The cases usually end up in settlement (again often out of court).

colinsmommy · 29/05/2004 00:37

How are you doing, nightowl?

Original poster
nightowl · 29/05/2004 02:21

its a new company, same people, same place, slightly different name and as for my job....i never want to see those people again. any of them. i thought i had friends there...i was wrong. the minute i was out the door they have all been running around like playground children stabbing me in the back. its not even about money because i can claim it back...i dont want them to ever be able to treat employees like rubbish again. theyve gotten away with it too many times...theyre dodgy as hell.

OP posts:
colinsmommy · 29/05/2004 03:07

Sorry to hear that. I'll stop asking from now on. I want to hear good news for you. Hugs((()))

Original poster
nightowl · 29/05/2004 03:19

you dont have to stop asking i like it, makes me feel like someone cares! just that i wont really have any news for a couple of weeks so not much to tell!

OP posts:
colinsmommy · 29/05/2004 03:27

I am mostly asking to see how YOU are doing apart from the job. Must be difficult. Just making sure your are ok. I do care. Do I sound goopy?

Original poster
nightowl · 29/05/2004 04:18

its people like you who are keeping me afloat right now. the majority of my friends have stabbed me in the back yet people i hardly know, on websites and real life have been very kind. its been a real eye opener these last few months!! and i will return the favour if theres ever anything i can help you with

OP posts:
sis · 29/05/2004 20:55

Nightowl, I am sorry that you have not had the support from people you had considered to be friends.

I'm also sorry that it is going to take so long to get any progress, from what you have said in your posts since my initial post, I think you may have a case to claim that it is an automatic unfair dismissal because it was related to the 'tranfer of the business'. Obviously, that is just an initial opinion and strength of a claim will be based on a number of issues, including many that I don't know the details of, but definately get some legal advice as soon as possible.

Original poster
nightowl · 05/06/2004 22:39

im going to see someone else on tuesday so ill let you know the outcome, thanks to all xx

OP posts:
bambi06 · 05/06/2004 23:00

its time s like this that make you realise who youre real friends are ! hope all goes well ..