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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Im currently on maternity leave until the 8t Jan. I have been

Customer Question

Im currently on maternity leave until the 8t Jan. I have been under consultation for a month n find out if I have a job on the 20th Dec. Out of 15 people work have to choose 2 people. hey have done a selection criteria scoring, I have been in today and found my scoring to be unfair.They have based mine on my work in 2012 when I was in pregnant, everyone else is last year. I have been told I am high risk due to my points however I feel my points are very unfair with no proof and fabricated lies from a Manager that is known for lying.Where do I stand on this if I am to be on for the chop?
Deanna
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill :

Hello my name is Jenny and I am happy to help you today.

taratill :

If you are pregnant and have been selected for redundancy it is unfair.

taratill :

You can claim unfair dismissal on the basis that the seletction for redundancy was unfair. You can also claim sex discrimination

taratill :

You should first write a letter of appeal. Then you should submit a claim using the claim form you will find at www.employmenttribunals.gov.uk

taratill :

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-073xglim- :

Thank you but why sex discrimination too on what basis? Do they have to have full proof of their allegations in regard to my scoring eg: I got a 3/5 for punctuality yet we don't have a clock machine, some days I would open up wit no one in work then I agreed to go on late shift 10-6 where I don't recal ever being late. End of day surely its not fair choosing o base mine 2012 when everyone else is this year, I wasn't there but that's no my fault if n maternity?

JACUSTOMER-073xglim- :

deanna

taratill :

If you are pregnant or are on maternity leave you have a special status in a redundancy situation under UK law which means that you must be offered available work come what may. They cannot take into account other aspects. If you are not offered the right to return you have a claim, as I have already stated.

taratill : Hello is there anything further you would like to know about this?
JACUSTOMER-073xglim- :

ive not been offered available work but been offered the vacancy list within the company none at my unit only in other areas?

JACUSTOMER-073xglim- :

if I was offered a new role a demoted role can they drop my wage too?

taratill :

Hi if there are people still doing your role then your company has acted unlawfully. It is not reasonable for you to have been offered a demoted role at a reduced wage. You should appeal and raise a claim as I have suggested.

taratill :

I would be grateful if you would now take the time to rate my answer. Thank you and all the best.

Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola
Customer: replied 2 years ago.

i have been made redundant. Which form is it i need to fill in.

Expert:  taratill replied 2 years ago.
It's the ET1 form at www.employmenttribunals.gov.uk.

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