Employment Lawyers Can Answer Your Employment Law Questions
Hi sorry I was offline when you replied. What is happening here is hat you most likely the victim of discrimination on grounds of gender. You are basically being treated unfavourably because you are a woman and are potentially going to have a child. This is unlawful and the employer has no right to do this to you. Also they have no choice on whether they would pay you maternity or not - this is something you are entitled to by law and as long as you meet the necessary criteria then you are automatically entitled to maternity pay and the employer has no choice on whether to pay you or not. Also if they seek to do something to avoid having to pay you maternity, such as dismiss you, then they would certainly be discriminating against you and you would have a case against them.You have nothing to lose by allowing the conversation to be recorded. This will create a precise record of what was said and could become useful in the event of a dispute in the future. I would make sure that you ask for a transcript of the recording though so that at least you have something to refer to as well.As to hat you wish to get out of this, you could mention both options you discussed in your original question. It is up to you to decide whether you would like to stay there in the original job or just try and find a way out of this. You have nothing to lose by approaching them to try and negotiate a settlement and the worst they can do is say no. If that is the case and you believe that they have not resolved the ongoing issues, then you could consider making the claim for discrimination. You would then be directed to ACAS through which you would need to engage in early conciliation so that is inevitable if you are going to be making a claim. But before you get to that stage you could still try and negotiate directly with the employer if necessary.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Is the meeting with a HR person just for listen to my complain or it is for finding something against me ?
what about verbal contract, does it have any power ?
Because I don't have written contract , everything was verbal.
And I know I was entitle after2 months but he was just postponing it each time when I asked for contract .
Hi, from what you have said the meeting appears to be one where they will discuss your complaint - if they wanted to investigate you then they should have advised you it was going to be an investigatory hearing. A verbal contract can be just as legally binding as a written one, as long as it was clear what its terms were and that both parties were aware of them and had intended for them to apply in this situation.Hope this answers your query?
How long l should wait for the answer after the meeting , because I know it is time limit for that case to go to employment trubinal and the event happened on the 2.7.14.
Employment Tribunal , sorry
The HR person said in the letter that she gonna look for evidence in the practice and If I have any I should give her ahead of the meeting. Do I have to give it to her prior the meeting.
you can wait a week or two, the employer should keep you updated, but if you are getting close to the limit for claiming then you just have to make the claim, even if they have not finished
if you have been asked to submit any information that will help them, then if you have it you should do so
To get that straight if it takes to long for them to give me the answer I can
Contact ACAS and start the early conciliation process ?
I heard it could be difficult to prove discrimination because of my word against his ?
I don't have any factual poof . Is that enough to have a case ?
in the case of discrimination you need to show enough to convince the tribunal that discrimination was likely, for example provide evidence of the alleged discrimination, even if it is just your witness account of what happened. Once the tribunal is satisfied that discrimination has potentially occurred, it would be for the employer to then show that they had not discriminated against you. So it results in a shift of the burden of proof - it is not for you to fully convince the tribunal you were discriminated, rather it becomes for the employer to convince them that they had not discriminated.
So if he said those thinks to me without witness is good enough if I specified which date that situation accured?
Do u think my case is strong enough to go to employment tribunal if I need to?
you do have some evidence to at least challenge the employer's actions, but then it is really for the tribunal to decide how strong it is - I cannot say what they will decide unfortunately. Without witnesses it would just be your word against theirs so that make it a bit more difficult but not impossible
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? Thanks