Where do I go from here..

[deathbycrayons]

Subbing. Hope it goes well for you.

[mz_pink]

Well at 5 on the dot i received a reply, and it was good news, a job offer to start on monday, email following it with my offer letter. Which is subject to satisfactory references that they are obtaining now.

I know from previous job offers that the company in question, my last employer, is ignoring any approach from other companies.

I did tell them I am taking ET acction against them so wonder if they will realise the prob with obtaining a ref or should I kinda spell it out to them?

Past employers excl them have given fab ref in the past so hopefully they will be happy with them.

[mz_pink]

Good news I'd think on the job front. Might have been better to keep the ET thing under your hat tho, since at the moment it isn't actually in process. Besides you may not actually be the only one considering action so you aren't necessarily embelishing

The tax rebate link suggests to me even more that director A and his fraud are very much central to the issue.

I'd pursue the unpaid monies at the ET without claiming dismissal yet, with any luck director B will get hacked off at this as well and dismiss you for being pregnant, easy from then on.

The good thing is your prepared to put it behind you and move on to bigger and better things. I trust all went and is going well with the baby!!!!!! far more important than petty employers:D

 

Thanks cynic, yes everything is going fab with the new bub, just a pity I dont have that extra time with him at home and not going to the agreed flexi time as I had been lead to believe I was going to do at last company.

 

Have now got to try and arrange wrap around care for my 5 yr old by monday, but where theres a will theres a way.

 

I am moving on to hopefully better things but there is no way I am going to sit back and put my experience I have suffered down to a bad experience. I will fight with both hands as I worked hard before having children to pay my taxes and want what is funamentally my right.

I would hate for this to happen to someone else who finds them self pregnant at that company and experience what I have as to be honest all this uncertanty has marred my maternity time, when it should have been the most happpy and enjoyable experiences of life. ot to mention that the sickness I suffered whilst pregnant is hugely related to stress. And that is something that they caused me to the extreme!

 

Anyway, I feel so lucky to atleast have this job offer now, just in time for christmas. I was beginning to feel really down to the point I was put on antidepressants and will never let anyone, any company, anything get me that down again!

 

Will be onto the ACAS concilator tomorrow and see what he says.

[deathbycrayons]

I'm so pleased that you got the job

[mz_pink]

I'm so pleased that you got the job

 

Thank you so much.

 

Was following your thread, will go back for an update. I can totally appreciate your position with having kids and just before Christmas. x

[cynic09]

Just a passing thought. Did your problematic employer conduct a risk assessment when you notified them of your pregnancy?

More ammo for the ET if they didn't

[mz_pink]

Goodmorning,

 

No there was never a risk assessment made. in fact when I did get back to work in between sickkness bouts they had ordered new office furniture that had been claimed by other staff members. I was left to sit in an old broken chair and use a laptop as my pc had been moved elsewhere. Very uncomfy as I also had a problem with my pelvis splitting and on crutches..that was also preg related.

[cynic09]

More ammo for constructive dismissal, it's a legal requirement to assess any additional risks during pregnancy. the government web site should point you to the relevant act

[mz_pink]

I thought this was wrong at the time and looked into this when i was querying if i was protected whilst sick though preg, but at the time didnt want to rock the boat.

I have no proof that this was not done. Would they have had to sign some sort of form when the assessment was done? would it have had to be done by someone within tthe comp or external body?

[andie_303]

Sorry I can't offer much in the way of help but just wanted to say this is shocking treatment - I hope you get it sorted

[mz_pink]

Cheers andie!

 

Just a wee thought..I have an appt with cab to begin my ET claim on monday.

Going to have to contact my new employment and say that I cant start til the tuesday!

feck

[teaboy2]

Hi Mz_pink,

 

sorry i been away a few days, so havent been on much. Congrats on the new job, i hope they treat you better. with regards to the office furniture that you were forced to use in order to do your job when you returned from sickness. You could class that as victimization, as you would have been singled out by having you sit on out dated chair and use an outdated desk and by having to use an laptop to do your work, when the rest of the staff had new chairs, desks and desktop computers to use. But i wouldnt add that to your list though as it will be difficult for you to prove now, so will just be a distraction from your main points in your claim.

[cynic09]

The burden of proof doesn't rest with you. In any job there are potentially risks that only apply to pregnant women that are not covered by the standard risk assessment. I don't remember chapter and verse of the legislation, however the law requires employers to keep records on safety aspects, including additional risk assessments for pregnant women.

More info here Health and safety for new and expectant mothers

[cynic09]

Oh I'd also rearrange that CAB appointment, the clock isn't even running on the tribunal yet since they haven't established your status

[mz_pink]

nice to have you back teaboy, hope you had a nice few days.

Cynic, I have already contacted my new job and they are absolutely fine with me pushing back my start day til Tues.

 

Thats us now at the point where we are now less than two weeks before I was due to go back to the comp in question.

 

I cant just turn up on day i was due to go back as will be at new employment, then they will just say they sacked me for no show.

Should I now hand in my resignation?

That way they I will be giving the required two weeks notice.

[cynic09]

If you don't intend going back then resigning would be the thing to do, this doesn't preclude pursuing them in ET for money as yet unpaid, or even going down the constructive dismissal route which is always a lottery. Letting them sack you should be avoided as it would incline the tribunal to favour the employer since you in effect walked away from your job

[mz_pink]

This is what really gets to me, of course I originally wanted to go back to work I was really looking forward to it. But because of all this I feel I have no respect for my employer. They have not supported me whatsoever. I feel the business is a sham and would feel that I would be ostriscised upon my return.

I know this is a huge gamble and my inclination is that this is the position they wanted me in knowing how difficult itt would be to prove constructive dismissal. And now that I have stopped my mat leave and now on hols (supposedly) it could not be seen as wrongful dismissal.

[mz_pink]

Evening Folks,

 

Well my insurance company will not pay out for any solicitor that I wish to appoint. I have to use Irwin Mitchell solicitors.

I have had to send in a claim form and supporting letter for them to make an initial assesment as to whether it wil be worth while them taking on the case. It has to have a more than 51% chance of winning for them to consider taking it on.

Would any of you mind reading through the following and tell me if it sounds convincing enough for them to take it on?

Also if you have any other points that you feel I should add or delete, that would be so much appreeciated.

 

Thanks in advance... It is a long one!

 

Dear Whom it may concern,

 

Started employment June 11th 08. With x Ltd.

Fell pregnant (accidentally) in the July.

 

Was signed off work in Aug and Sept due to Hyperemis (Extreme sickness due to pregnancy and stress) and hospitalised due to dehydration. I have evidence from the hospital of this as well as sickness certificates from the doctor which were given into work. I stayed in touch at frequent occasions, keeping them informed of my progress/condition.

Returned to work month of Oct and worked so well I gained a 350 bonus for sales amounts made. There was never a risk assessment made for pregnant workers and I was forced to work at a work station with an old broken chair, no desk top pc, just a laptop which was not very comfortable. This made me feel further victimised as there had been a load of new furniture bought whilst I was ill and everyone else had ‘claimed’ the new seats and equipment.

Hyperemisis returned Nov and Dec.2008 All sickness pregnancy related and covered by doctors certificate.

All SSP payments were late and on occasion paid by cheques, one that bounced resulting in non payment for Sept. I have an emailing conversation from Director (x) aplogising for this.

Started my mat leave at earliest time(Dec 28) after much deliberation and conversations about when I could take holidays accrued and what the amounts were going to be.

There was a lot of confusion regarding the test period that was used for calculations due to the earlier SSP payments being paid at the wrong times. I have emails that can detail this more.

From 1st Jan I started my Maternity Pay which was to be paid in arrears, 90% for six weeks then SMP which I had to beg for each month as it was never paid on time. I have emails relating to these requests which were mostly answered however some were.

I requested several times copies of statements of earnings SSP and SMP breakdowns, a copy of my contract but these were all ignored and as I was not in the office I was pretty much ignored. There were some conversations which my emails can show during my maternity leave.

Finally my Director (x) and his assistant ( x‘s assistant) met me in June to discuss my return to work and give me my P6o and contract. They met me out of office but I have emails relating to us making the plans to meet, dates/times/location.

We met on 26th June and was given an envelope which I was told contained all I had requested. Upon them leaving I opened this up and found a contract which was signed in the wrong place and upon further reading my contract it states I should have been paid 13 weeks full pay whilst sick, I only received SSP and was not aware of the extra contractual sick pay schemes in place as had never been given a copy of my contract until then, and as mentioned one months pay bounced. Also contained in the envelope was a printed out form of P60. Which was written on and then photocopied. I needed a tax rebate therefore forwarded this to Inland Revenue. The Inland Revenue did not accept this as an original document and I queried this with x. The Inland Revenue do not have any evidence of tax I have paid from company at all from the last pay year 2008/09. X’s assistant had been instructed to let me know they were going to get another P60 to me ASAP.

It was agreed I could take my hols that I accrued whilst on mat leave at the back end of my maternity leave, so maternity leave ended 30 Sept 2009 and accrued holidays were to be taken til 6th Nov and I was to go back to work 9th November.

It was also agreed that my pay from last year would be paid to me in August’s pay along with my SMP for August.

That sounded fab and I was looking forward to returning.

Sept SMP never came and neither did my P60.

I raised a grievance on 4th Sept about this as well as the fact that the p60 I had been given was not a true doc. The inland rev didnt accept this p60 document

See actual Grievance raised below..

Dear x

 

I am writing to tell you that I wish to raise a grievance.

 

This action is being considered with regard to the following circumstances:

1) Whilst being on Sick leave during 2008 I did not receive my full entitlement to 13 weeks full pay less SSP. I only received SSP. It is now Sept 2009 and I have not received full payment.

2) Several times my SSP was paid late and sometimes by cheque which could not be cashed by the bank delaying payment further.

3)I have asked several times for a breakdown in my earnings for 2008 as well as a statement of earnings and payslips from July 2008 to present (Sept 2009) and have not received them.

4)During my time on maternity leave (since 28th Dec 2008) I have had to request payment of my maternity pay each month, which has been late on most occasions causing me to incur bank charges on several occasions.

5) I have asked several times for an original p60. I was given a photocopy and then told Graham would print out another for me, that was on Aug 20th 2009. To date I have not received this, despite sending an email regarding this matter on Aug 28th 2009.

6) I feel subject to discrimination as other employees currently working within the office have not had to put up with this kind of treatment. Just because I am not working in the office at this present time due to maternity leave, I have all of the same employment rights as all of the other employees.

7) I feel that these matters which are possibly being overlooked are making me feel extremely anxious about coming back to work and feel this might be gearing up to constructive dismissal.

As I have mentioned to you in the past I really want to return to my job as I really enjoy it. I get on well with the staff that I know and can do the job well. I do not want to take this down an official route which would cause disharmony within our working relationship, but I feel it is already breaking down and have gone through as many informal routes to get this sorted out as I can.

 

I would like some action taken on these matters immediately and to have an expected timescale as to when to expect All of the requested documentation and payments.

Original P60 document

Unpaid Sick Pay for 2008 13xFull pay - 13xSSP

Break down of Earnings, sick pay and maternity pay for last year and to present.

Payslips for each month from July 2008

A copy of the employee handbook which did not accompany the contract of employment as stated

For you to inform the Tax Office of my earnings for 2008/09 and correct my tax code as previously requested

To ensure that future SMP and wages are paid into my account on the last Thursday of the month as previously advised including this month of September 2009.

Please reply on receipt of this email

Kind regards

After several attempts at sending the above request, I was finally told on 28th Sept that the director that dealt with my pay had been suspended on fraud investigation and on the 4th October by another director x that she didn’t even know what job I intended to return to and that because of the fraud investigation my ’file’ had been handed to an external employment specialist and it would take a matter of weeks not days to sort out and that my contract was iffy due to it not being like everyone else’s and that they really didn’t know my position in being employed by them.

 

I have at no time received a verbal or written warning. Had my employment terminated or resigned.

They are now simply refusing to reply to me and I have now had to find another job which I start on Monday, to make ends meet. Therefore I cannot just show up to work on the 9th like previously arranged. This could then be seen as ammunition to sack me.

I am in possession of the original contract, one payslip for June 2008, my bank statements clearly show sporadic payments from the Company’s account for amounts expected for SSP and SMP

I have 152 emails back and forth between the employer and myself relation to sickness, SSP, Payments, contract, and expected return to work. Etc. as evidence.

I am keen to seek advice on whether to now resign. Bearing in mind I have to do so by 2 Nov 2009.

I am also keen to be awarded monies owed which is 5373.12 which is calculated from 316.00 SSP Sept 08..Bounced cheque,

468.00 SMP Sept 09..unpaid,

1116.00 Holiday pay for October 09...unpaid,

and 2473.12 ;13 weeks contractual full pay sick pay from last year less SSP that has already been paid, bearing in mind that this did not come to light until I received my contract in June this year and tried to raise the grievance from then until present without action being taken.

In addition to this I am seeking compensation for :

Hurt feelings, my pregnancy and maternity leave was completely marred with the treatment of my employer. I tried to stick to my side of the contract from what I could gather as I had never received a company handbook or contract to tell me exactly what procedures should be taken with a grievance.

Breach of Contract Not allowing me to return to my position after Mat Leave

Breach of employment law Not providing a risk assessment whilst I was pregnant, forcing me to use uncomfortable equipment.

Sex Discrimination Less favourable treatment than work colleagues who were not pregnant and on maternity leave, I.e. late wages, not keeping me informed, not giving me a contract for a year

Victimisation Singled out as the only one that received this treatment on numerous occasions.

Unlawful deductions of earnings As described before.

I have no idea about the amounts of compensation for the above I can hope to achieve and would be grateful for your input into this decision.

Many Thanks

[cynic09]

Take all the emails along to the lawyer:)

[mz_pink]

Thanks for reading cynic.

The lawyer wont accept anything other than the claim form and the covering additional letter before making their initial decision in whether they will take it on.

I really hope they do as I dont fancy doing this without representation.

That would be so intimidating

[cynic09]

it;s not as bad as you might think. Lawyers arent keen on constructives at the best of times

[teaboy2]

dont forget that if for some reason the solicitors dont take on the case (likley because your former employer was a lawyer herself) then you can still get representation through CAB if you still intend to go see CAB.

 

Oh and yes i had lovely few days of boring business meetings and exibitions specking to uptight, boring and posh idiots, that dont have any sense of fun what so ever . But the drink was good and so was the weekend when all the miserable ****s had left lol. hell they even complain about me and a couple of others for smoking in the smoking area outside the hotel, how bad is that? lol

 

shame theres no law called the smokers discrimination act!

[mz_pink]

dont forget that if for some reason the solicitors dont take on the case (likley because your former employer was a lawyer herself) then you can still get representation through CAB if you still intend to go see CAB.

 

Oh and yes i had lovely few days of boring business meetings and exibitions specking to uptight, boring and posh idiots, that dont have any sense of fun what so ever . But the drink was good and so was the weekend when all the miserable ****s had left lol. hell they even complain about me and a couple of others for smoking in the smoking area outside the hotel, how bad is that? lol

 

shame theres no law called the smokers discrimination act!

 

Hey Teaboy,

I didnt inform them about the fact she is a lawyer yet, still awaiting the response from the claim assessment.

Going down to CAB on Mon morning and will take all that info on above letter as well as all the other emails etc and try to get the ET claim started through her. Im sure if the insurance co want to take it on they can take it over from the CAB.

Still no word from ACAS conciliation and absolutely nothing from previous employer despite sending several emails for updates.

 

Im sitting here having 1st cig of the day as i type know what you mean about the discrimination thing, we pay enough tax on them lol.

[teaboy2]

Lol exactly we pay the goverment, and in return we get discriminated against. i feel like asking for a refund on all the cig tax ive paid as compensation for the discrimination, but then i buy mine of the back off a wagon, so dont pay UK Duty on them lol shhhhhh dont telll anyone will you lol?. i know its not good, but why pay shop price if you can get it for half the price. And if smoking is an addiction then its a medical condition and cigs are our medicine and we shouldnt have to pay tax for medication.

 

Yeah i dont reckon much to the goverment and nanny state laws that they have brought in. But i will say i do agree that non smokers shouldnt have to put up with inhaling our smoke, but all they have to do is ask politely for us not to smoke just like they would when a smoker was in their house, and like if i was in a non smokers house i would be just as happy to stand outside for one or in a different room when in public places. So why not just make it law for smokers to go outside or into a different room only, if asked not to smoke by someone.

 

which reminds me am an employer and am discriminated against for being a smoker at my own bloody company because even i have to go stand outside like a naghty little school boy just to have a cig lol

 

Anyway way of topic lol.

 

So back on topic. i hope everything works out for you with regards to the solicitors from the insurance company and that they do take on your case along with the employment tribunal (which if you ask me is in the bag with or without the solicitors). Either way keep us upto date on everything. oh and if as a result of any money issues caused by what has happened, and you find yourself being chased for payments from people like DCA's. just post on the debt collection selection of this forum about it, as youll get some sound advise how to get them off your back quite easily. and let me know too, cos i know exactly how to deal with them too.

 

P.s yes i believe you will beable to switch from cab to solicitor even though you have already started the claim. defendants in criminal courts are allowed to change their legal representatives, so i see no reason why you shouldnt beable to. besides am sure the Person at CAb will beable to confirm that for you.

Edited October 29, 2009 by teaboy2

[mz_pink]

lol teaboy, your right re the smoking.

 

Anyway, I strangely received an email from the director of company in question who is supposedly dealing with my case.

I have now been invited (by email at 3.05pm today) to attend a meeting with ANOTHER non-executive director on Monday.

Not exactly giving me much time.

I have told them I am available from 9.30-11am. This is because I have my CAB meeting at 11.30 on Monday and feel I should have something extra to take to the CAB meeting.

I know I have not been offered to take anyone with me and I wont be asking any of the other employees to sit in as quite frankly wouldnt trust them as far as I could throw them! Do you think it would be a bit excessive to take a tape recorder, bearing in mind I dont want to have to postpone this meeting as will be starting my new employment on the Tuesday.