AI Legalese Decoder: Uncovering Unfair Treatment in Maternity Leave – Exposing Hidden Discrimination in the Workplace
- October 20, 2023
- Posted by: legaleseblogger
- Category: Related News
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Does she have a case for unfair /constructive dismissal or whatever it’s called?
She’s worked there under 2 years Inc maternity leave.
Based in England
*Background*
The company initially claimed that they were downsizing, which coincided with the transfer of all the best clients to a new company with the same Director.
*Seeking Advice*
Although she is aware of Acas, she wanted to inquire if anyone has encountered a similar situation in the past, considering her potential case for unfair or constructive dismissal.
*How AI Legalese Decoder can help*
The AI Legalese Decoder can be a valuable tool in this situation. It is specifically designed to provide assistance and decode legal jargon, making it easier for individuals to understand their rights and determine whether they have a valid case for dismissal. By using the AI Legalese Decoder, she can receive reliable information and guidance on the next steps to take. For instance, it can explain the legal concepts of unfair and constructive dismissal, outlining the requirements and factors she needs to consider. Additionally, the AI Legalese Decoder can provide specific examples or similar cases that have occurred in the past, helping her gain insights into the potential outcomes of her situation. Ultimately, utilizing the AI Legalese Decoder can empower her with knowledge and enable her to make informed decisions regarding her employment dispute.
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ThereÔÇÖs a possibility of tupe however this sounds more like a phoenix.
If thatÔÇÖs the case, as your partner has worked less than two years has hasnt bee discriminated against a protected characteristic, I donÔÇÖt think you will have much luck unfortunately.
if the company shut down and they started a new one they dont have to offer positions to anyone they made redundent.
Contact the organisation Pregnant then screwed. They have an advice line and will be able to assist.
NAL – itÔÇÖs a new company so IÔÇÖm not sure if that would apply. Might have done if everyone has the same job titles, itÔÇÖs in the exact same building and they took over all employees but your wife.
IÔÇÖd like to add to all of these responses youÔÇÖve had, that you can claim maternity allowance without work and find a new job at the end of the 9 month term from when you started Maternity pay
I advise you to get free legal initial advice. As they can point your wife to the right path. Maybe can claim discrimination for under 2 years if I am correct, as the question is why they offered 5 of the 12 employers the role, did they offer a fair process when choosing the 5 employees? Also, cause your wife is on maternity leave why wasn’t she included. Definitely google and look up free initial advice, so many out there. Hope it helps.
Yeah, I was speaking more generally about the law that aims to protect people from discrimination. In this case they can most likely decide who they want to recruit for the new positions but I would definitely advise OP to get some professional advice after giving the specifics of this actual situation.
Agreed. Can argue TUPE should have applied and given that she is on mat leave she has the right to be offered a suitable alternative role as a priority (I.E. before the other non pregnant staff).
Speak to acas and try sort it with the employer for compensation or reinstatement.
If not, raise a claim in the employment tribunal(its free) for:
Unfair dismissal (if over two years)
Maternity discrimination
Failure to inform and consult (possibly, will depend on facts but can put it in the claim for anyway then withdraw it at a later date if need be)
Worked there less than 2 years is a grey area.
However, maternity law protects you and you must be offered a role on as favourable terms that you are suitable for, even if others are more suitable.
This carries over to adjacent companies, like partner companies or subsidiaries.
IF like a poster mentioned above, it’s a Phoenix company then there is no protection. It’s technically a brand new company with no connection other than the same director, who happens to hire the same staff.
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You are correct – your wife has/had special protection from redundancy while on maternity leave, but the fact that one company closed entirely & a new company appeared probably significantly alters that protection.
However, she is be able to claim her full 39weeks statutory maternity pay.
Sorry this happened to you both.
During a redundance process individuals who are pregnant or on maternity leave are prioritises and should be provided a role if one is available. This sounds as if TUPE should have taken place and the organisation is skirting to try and avoid it.
Seek professional legal advice and start early conciliation with ACAS as you have a 3 month window from the date of discrimination. This sounds like automatic unfair dismissal (due to protected characteristic – maternity – 2 years of qualifying service is not requested) as well as discrimination as well as failure to consult under TUPE regulations.
The companies failure to conduct a TUPE in this case holds liability against both companies (old and new). Seek full legal advice though – and good luck!