Leaked document outlining redundancies, paycuts

[Pod351]

Hi,

Long story short boss accidentally uploaded a document to shared folder outlining various redundancies, paycuts, demotions, alongside lots of lovely personal comments to justify why.

Let's focus on me alone. I am being demoted with a paycut but apparently "due to my "family situation" I might leave but also might accept a part time role?" baby due in a couple months. I am breadwinner and this is known.

I was quite irritated by this. Should my family situation come into this at all? Surely not legal to use this as leverage to try to achieve further "savings"????

Upon finding out their error and realising I and one other had opened the file (the title of the file was relating to my role and I genuinely mistook it for one of my own docs) I was sworn to silence and made to promise I didn't have any copies of the file...?

Maybe your boss was giving you a heads up that the company will be making people redundant and finding ways to reduce overheads. Maybe they don't want to lose you but realise that when you go on maternity leave, you may decide you want to return to work for less days/less hours. Maybe it was a way of letting you know that you are not on the at risk of redundancy list but that when you return to work that they may not be able to offer exactly the same job back due to changes in the business.

Accidentally uploaded, or deliberately uploaded... either way you now know that the company is restructuring soon, so you can make plans for that, rather than going on maternity leave thinking that when you come back you will walk in to exactly the same role as now.

I hope you have a printed copy and/or saved copy. Surely this is tribunal territory? If they are saying this before you've left on maternity leave I would not trust them after!

To clarify, at this point they had no idea I was taking any leave. I am not carrying...... it definitely wasn't done to give me a heads up! He nearly imploded with embarrassment and panic.

I am not taking enough leave to warrant any change in job legally. This is purely a cost saving exercise using my situation as leverage in my opinion. I do feel it's tribunal worthy but looking for other unbiased opinions.

I hope you have kept a screenshot because that document is absolute proof of illegal sex discrimination. Your family situation is totally irrelevant to your capacity to do your job and if you are selected for redundancy/demotion because of being pregnant you should take your employers to the cleaners. Consult a lawyer, and/or Pregnant Then Screwed.

Put in a Subject Access Request to your employers. They are then required to give you copies of every email and document that mentions you. You have a right to have this information. They do not have the right to withhold it from you.

Get yourself an employment lawyer

This might help-

www.mumandcareer.co.uk/author/claire/

Your boss (and HR) will be s*itting himself that some of his staff have seen this. It would be good evidence to support a claim if they do try to make you redundant or demote you.

I hope you did save a copy or take a photo?!

Get prepared now - read your company policies on redundancy and reorganisation (if they have them), find a copy of your contract of employment and read up on the relevant employment legislation (eg pregnancy, discrimination, redundancy).

Just to clarify again my wife is carrying. I am not pregnant but I do feel "family situation" is still crossing the line. Could also refer to my lifestyle if I wanted to be extremely sensitive.

His rationale for you and possibly others having the terms and conditions of their job changed is unlawful. Seek legal advice. I hope you got a copy the document! You would win in court, no doubt about it

If you don't have a copy, make sure you send emails (bcc a personal email address) stating what you have seen - as making you redundant on the grounds of pregnancy is utterly illegal. And as he knows you know, there's a chance that you could be on the receiving end of capability/accusations of misconduct/constructive dismissal to get you out in any case.

Thanks everyone. As it's a bit complex - I'm not carrying, but taking parental leave, I thought it best to go and see a solicitor to put it to bed one way or another. All booked in now!

@Anonnnnnnm

Just a heads up that you seem to have had a name change fail which is why your subsequent messages seem to be going unnoticed!

I hope you took a copy or screenshot shit as that is a sexual discrimination tribunal right there, whether they act on it or not.

I think that from that point on, if I didn’t get a pay rise, bonus, promotion I would wonder if it was due to my ‘family situation’ so potentially constructive dismissal too.

I work in HR so that’s my professional opinion. That would be going straight to director level of it came across my desk and I imagine there would be some pretty drastic damage limitation to avoid it getting to tribunal.

You're going to be a parent (congratulations!) - it's the same legal principle.

(2) An employee who is dismissed shall also be regarded for the purposes of Part X of the 1996 Act as unfairly dismissed if—
(a)the reason (or, if more than one, the principal reason) for the dismissal is that the employee was redundant;
(b)it is shown that the circumstances constituting the redundancy applied equally to one or more employees in the same undertaking who held positions similar to that held by the employee and who have not been dismissed by the employer, and
(c)it is shown that the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was a reason of a kind specified in paragraph (3).

<quick snip>

(3) The kinds of reason referred to in paragraphs (1) and (2) are reasons connected with—
(a)the pregnancy of the employee;
(b)the fact that the employee has given birth to a child;
(c)the application of a relevant requirement, or a relevant recommendation, as defined by section 66(2) of the 1996 Act;
(d)the fact that she took, sought to take or availed herself of the benefits of, ordinary maternity leave;
(e)the fact that she took or sought to take—
(i)additional maternity leave;
(ii)parental leave, or
(iii)time off under section 57A of the 1996 Act;

Legal advice is definitely a very good decision.

@Anonnnnnnm - please drop us a line if you would like some help :-)

@Anonnnnnnm you can reach us at [email protected]

Are you in a union, or is there any union presence at your work place?
If there is, even if you're not a member, you could give them a heads-up.
And if you are a member I'd let your union rep know straight away.

It was the CEO who did this......

Ahhhhh thank you!!

I hope you kept a copy and call ACAS.

Hey OP.

Have a look at Abbey Gabbapureddy.

I recommend you email HR, it’s important that you have this is writing, and ask them to clarify exactly what was meant on the document you saw.

Abbey Gannapureddy, even, phone does no good for my fingers!

@Littlegoth thanks, just read her story. Seems hers was a lot more clear cut. I'm not sure I would be successful in proving my demotion is directly related to my intention to take shared parental leave.

@Anonnnnnnm that’s not up to you to prove, it’s up to them to prove it wasn’t. Which they will struggle to do, given they’ve directly referred to your ‘family situation’. If they attempt to demote you or cut your pay, or treat you unfavourably in any way, get legal advice.

On a personal level though, I’d be looking to work elsewhere as soon as possible after SPL. Sorry again that this has happened.