Employment Tribunal Case HELP!!!!!

[mrsfoot]

We have a case with the tribunal regarding unfai dismissal through bbeing pregnant.

 

In short i was interviewed and then employed by Jayne. I was then dismised by her as she felt i had been wrong not to tell her i was prganant as soon as i was aware I was. This was 4 weeks into my employment.

 

I was then sent my wages and p45..which stated my employer was XXXXXX plc and not Jayne. All the tribunal papers have been issued to Jayne but now we have a hearing to assert whether the defendant should be Jayne or XXXXXX plc.

 

Can anyone give me any advice and case law on determining the correct person. FYI I was never made aware of XXXXXX plc or anything different than Jayne being my manager / employer.

[knowlegeispower]

were you issued with a contract / offer of employment - who did it say your employer was

 

was you given written reasons for dismissal - as a pregnant worker you are legally entitled to this irrespective of length of service

 

if you can proove this dismissal was soley due to you being pregnant you have an open and shut case

 

unfair dismissal / sex discrimination / failure to follow statutory dismissal procedures

 

without knowing the ins and outs it is hard to give definitive answers - please contact me if you wish to provide more details

[mrsfoot]

Hi KIP

 

I was not given any contract of employment.

 

The employment was ended within 4weeks of my start date.

 

When I was dimissed Jayne then called my father to inform him of my dismissal (not sure why)

 

Jayne also spoke to my mother in law and told her i had been decietful about wanting to start a family and being pregnant when i took the job (I didnt know I was pregnant till 3 weeks into the employment)

Only written explanation of dissmisal has been the response to the ET1 form from Jayne and from XXXXXX plc who have each sent a response in.

XXXXXX plc are saying I was not dismissed by them (which is true but I was not informed they were my actual employer) and other from Jayne saying I was not an employee of hers (even though she interviewed me, offered me the position and was who i had to repost to on my first day)

 

XXXXXX plc is now saying there is still a job open for me as I was not dissmissed (although they sent my P45 along with my final wage which were both dated the last day i worked there)

 

Confused!!!!!

 

Thanks for any help you can offer

[godpikachu]

Hi KIP

 

I was not given any contract of employment.

 

you should have been.

 

The employment was ended within 4weeks of my start date.

 

and?, it makes no difference whatsoever.

 

When I was dimissed Jayne then called my father to inform him of my dismissal (not sure why)

 

Jayne also spoke to my mother in law and told her i had been decietful about wanting to start a family and being pregnant when i took the job (I didnt know I was pregnant till 3 weeks into the employment)

lets see here...

1. breach of confidentiality x2, its no ones business but yours if you have been dismissed from a job.

2. breach of data protection act.

3. slander

 

 

Only written explanation of dissmisal has been the response to the ET1 form from Jayne and from XXXXXX plc who have each sent a response in.

XXXXXX plc are saying I was not dismissed by them (which is true but I was not informed they were my actual employer) and other from Jayne saying I was not an employee of hers (even though she interviewed me, offered me the position and was who i had to repost to on my first day)

they should inform you in writing as per the reason of your dismissal, however they know theyve dropped a bollock with this one as they cant sack you for becoming pregnant, should they wish to contest this, its up to them to prove you knew you were pregnant at the time of taking your job.

 

XXXXXX plc is now saying there is still a job open for me as I was not dissmissed (although they sent my P45 along with my final wage which were both dated the last day i worked there)

this is their way of trying to hide the fact that they have acted improperly in this matter.

 

Confused!!!!!

 

Thanks for any help you can offer

[ErikaPNP]

Just to add to what godpickachu has already posted,

 

I was then dismised by her as she felt i had been wrong not to tell her i was prganant as soon as i was aware I was.

 

It is your right to inform your employer of your pregnancy when YOU see fit, and how they feel about it doesn't come into it. Many ladies like to wait till the 12 week mark before they tell anyone they are pregnant. It is not up to an employer to dictate when they should be told. As long as they are goven 28 days notice of your wish to take maternity leave, when you tell them is up to you.

 

They won't have a leg to stand on at the tribunal - sounds to me like they know this which is why they are pushing you from pillar to post re who your actual employer was, and are now saying the job is there for you. My guess is XXXXplc are your actual employers and Jayne was your manager/supervisor. Both Jayne and XXXXplc are in the deep stuff and they both know it.

[version302003]

To clear up a fact, who ever paid you and sent you your p45 was your employer.

 

As you have sent an ET1 form im pretty sure you know the process of the tribunal.

 

As you are pregnant and a tribunal case can be very stressful, are you pursuing this yourself or have you got outside help, solicitor etc?

 

Either way, the most important part is that you are clear where you want to go with the info from the ET1 they have sent, you have alimited time to file if you want to pursue.

 

If you are pursuing and on your own doing this then post up details you have (minus personal details and the defendants details), ie dismissal date, et1 form deate recieved date etc, then we can start to look at the particulars after that.

[knowlegeispower]

as previous posts have said - you are in a strong position and your previous employer knows it

 

You did not have to tell them you were pregnant - this is exactly what the Sex Discrimination Act was set up to prevent - if you had told them, they would not have employed you, they dismissed you when they found out that you were pregnant - therefore they have directly discriminated against you - laughing all the way to the bank

 

I take it you have told your GP that you are very stressed, cant sleep, worried, scared etc, and are very tearful, and have records of this to back up your injury to feelings claim that goes hand in hand with your sex discrimination compensation!!

 

They didnt dismiss you in the correct manner - laughing all the way to the bank number 2

 

Did they ever write and tell you you were dismissed - they are probably going on the lines that you resigned??

 

on your ET1 form - what did you say you wanted - your old job back, and compensation - or compensation alone

 

The cards are all in your hands - as the previous person said goign to an ET1 is stressful - so consider this, but also consider that it is very unlikely that they will risk going to tribunal - so have in mind what you wish to settle for;)

[Zamzara]

Make sure you claim sex discrimination as well as unfair dismissal. If Jayne has any connection to the company, it will be the company who is the employer if it is a plc or ltd company.

[mrsfoot]

This si a copy of the ET1 form I have sent:

 

I was offered the job and was given the start date of 1st May 2008. In the week beginning 12th May I asked about holiday / sickness and maternity entitlements as I suspected I was pregnant and I had not been told any information on holidays etc before I began employment. I had an appointment and asked Jayne if it was possible for me to have the afternoon of the 16th off in order to attend a Dr. appointment. She let me leave work and I attended the appointment where it was confirmed I was pregnant. On Saturday 16th May I had booked the day off before I had began employment. Around 2pm I received a phone call from Jayne informing me I was not to return to work. The reasons she gave were I had been decietful over my pregnancy and that alarm bells had rang when I had asked about holiday / sickness proceudres and entitlement. I asked when I could collect the outstanding wages and she asked me to call in. When I went Jayne informed me the wages were not ready and said she would send them on. I asked my partners mum to call and ask for them to be paid on the Saturday as I was expecting my wages but Jayne became irate and said she would send them in the week as the wages needed to be adjusted. I hen had to wait a week for the money to arrive.

In the phone call with my partners mum Jayne said she felt I was deceitful because I had not told her I was pregnant or that I was planning to become pregnant when I took the job. She then went on to state she felt I took too many breaks although this was not something Jayne had told me about. Jayne also told my partners mum alarm bells rang when all I was interested in was holiday information and sickness procedures. Jayne also called my father and told him I had been sacked even though she knew I was not at home at that time. Jayne made claims to my father stating I had entered the salon on the Friday demanding my wages, when in fact I was in work Friday and only knew I was being dismissed on the following day and that was when I asked when I would be able to collect the wages owed to me.

I have sent 2 letters appealing against the decision to dismiss, the first being received 4th June 2008 and the second received 25th June and I have received no response from Jayne

I believe I did not have to inform Jayne of my pregnancy or the fact my partner and I were planning a baby. She would not expect a man to inform her of the fact he and his partner were planing a baby.

I believe Jayne had no legal right to inform my father of my dismissal as the contract of employment was with me and not him.

 

 

I have placed ticks next to unfair dismissal and discrimination.

 

I have to send bundle to other party and then witness statments. I opted to do this when spekaing with the employment Judge last week as I know I am in a better informed position t do this than the other party (having already gone through a court process for the mortgage charges)

 

However I am stuck as to what laws / cases to rely on as I have never had to use the SDA before.

Should I know include breach of data and how is it best to be added. I think i will have to write to Jayne and XXXXXXplc and give them 28 days to consider the breach of data before asking the tribunal to add it to my case.

Any advice will be fab!!!

 

MrsFoot

Edited December 4, 2008 by mrsfoot
Spelling!!

[mrsfoot]

Also can I claim costs at employment tribunal?? If so at what rate?

[LilyLou]

Subscribing

[Mrsmancmonkey]

Hi

 

Just curious..... Is this correct; 'It is your right to inform your employer of your pregnancy when YOU see fit',

 

Only reason I ask, we dont discriminate against anyone and have in the passed taken on a pregnant worker however we do work with adults with Learning Disabilities and with regards to our staff would want to know as soon as possible so that they are not put in any danger and risk assessments are in place and if need be either moved to a different home, sign off work or to the admin office.

 

Cheers

[mrsfoot]

Help please Caggers!!!!!!!

[godpikachu]

Help please Caggers!!!!!!!

 

 

hi there.

 

what do you need to know?

[Zamzara]

Also can I claim costs at employment tribunal?? If so at what rate?

 

You can ask for costs but they are rarely awarded.

[godpikachu]

if i were going for costs, id say the following:-

 

taking legal advice/research = 12 hours @ £9.50 p/h

travel costs = £25

[ErikaPNP]

Hi

 

Just curious..... Is this correct; 'It is your right to inform your employer of your pregnancy when YOU see fit',

 

Only reason I ask, we dont discriminate against anyone and have in the passed taken on a pregnant worker however we do work with adults with Learning Disabilities and with regards to our staff would want to know as soon as possible so that they are not put in any danger and risk assessments are in place and if need be either moved to a different home, sign off work or to the admin office.

 

Cheers

 

Yes it's absolutely correct, to a point. The rule is an employee is required to inform their employer of their pregnancy at least by the 15th week before the expectant week of confinement, providing at the very least 28 days notice of wishing to take Maternity Leave. This can only be overlooked if the employee did not know she was pregnant.

 

Although the sensible thing to do is to tell an employer when you're pregnant, to enable new risk assessments, it is up to the individual to choose when to tell the employer prior to the 15th week before the EWC. I had major problems at my old workplace with risk assessments when I was pregnant with second child. They refused to perform a new risk assessment when I asked for one in writing informing them of my pregnancy at 6 weeks gestation and I was continually allocated patients who were more prone to violent outbursts because no-one else could cope with them. In the end something did happen which could have been avoided had they performed a risk assessment in accordance with Health and Safety legislation.

 

I found this part out whilst I was researching my rights and the law in order to bring a grievance against my employer.

 

You can certainly ask an employee if they are pregnant, but they do not have to tell an employer the moment that they know and no case can be brought against an employee for failing to disclose it, unless of course the employee has requested maternity leave outwith the prescribed notice periods, or has failed to inform an employer by the 15th week before the expected week of confinement, without good cause.

[mrsfoot]

Small update

 

In the researching of info for this case I have found that Jayne is bankrupt, even though she is running a buisness. Her husband is supposed to be the owner of the business that employer me (even tho it was Jayne who interviewed me etc) and he is bankrupt too.

 

What would be a next step??

[godpikachu]

as far as i am aware bankrupts arent allowed to own/run a business, it could just be that she is working for the company??.