Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. has you wife been in contact with the company HR for clarification of the situation
I think its clear what they intend. My point is that she feels harassed and rushed when she is about to have a bady. HR have not at any point handled her in a different way from someone who is 'not' pregnant
thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. If there are uncertainties over what is happening and the employer is trying to clear things up and explain what actually is going on, then it may be a good idea for her to attend the meeting just to be kept in the loop and have a better understanding of the circumstances. She cannot be forced to attend but ignoring the meeting and burying her head in the sand does not mean that the employer will not proceed with what they are planning on doing and if she knows first-hand what the next steps may be then she could be better prepared. But then again, as mentioned, she cannot be forced to attend so if she really does not feel up to it, she could get signed off (perhaps with stress) and ask that the employer deals with everything remotely, such as through letters/emails and that they keep up her up to date with all developments that way.
As you have pointed out, at this stage she has not been treated differently to others so there are no calls for potential discrimination if the reorganisation continues and she faces redundancy whilst she is already on her maternity leave then she will have some extra protection.
The Maternity and Parental Leave Regulations state that if "it is not practicable by reason of redundancy" for the employer to continue to employ an employee under her existing contract, the employee is entitled to be offered a suitable alternative vacancy (where one is available) to start immediately after her existing contract ends. This also includes a vacancy with an associated employer.
If the employee is offered a new contract so that redundancy is avoided, then it must meet the following criteria:
When a redundancy situation exists, the employer has a general duty to try and offer those who are at risk of redundancy any suitable alternative employment that is available at the time. However, the Regulations effectively give employees who are on maternity leave priority over other employees when such offers are made. If a suitable alternative position existed, it should be offered to the employee on maternity leave first, before being offered to others. Failure to do so would breach the statutory regulations and can also amount to discrimination because of pregnancy and/or maternity.
Finally, she can ask for you to be her point of contact but if the employer is unwilling to agree to that they do not have to deal with you and they can still request that they only deal with her. Of course that would mean she may not always be available to do so because she will have other engagements as a new mother but the employer should take that into account when making their decision.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?