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I know what you mean. I was told verbally that everything else was fine. My scan speeds and uniform etc. During the meeting we had I was also told that I could 'always come back and reapply'.. Kicking myself that I didn't answer, 'what? after I've had the baby do you mean?' :banghead:
If you were the only one released, then that's different.
Sounds like typical retail to me. Some supermarkets (*cough*Morrisons*cough*) are appalling.
I think they may try and fall back on that excuse but it will be nice seeing them squirm for that reason.
I received a copy of the minutes today from the meeting. Makes uncomfortable reading particularly for me but the reasons they outlined had nothing to do with not having enough positions available.
SS: Do you know your current absence rate?
Me: I'm on red form but unsure of actual percentage
SS: Okay, it stands at 7.14% on 2 occassions, which clearly exceeds company target of 3% 2 occassions. On your initial application form Rachael, you clearly stated your availability would be 7am-10pm 6 days a week and on Sunday 8am-10pm, it would be fair to say since joining the team you actually haven't been nearly as flexible and 0 flexibility- fair to say.
Me: Well before I found out I was pregnant, I was put down for overtime but was unfortunately sick on the shifts which has affected my flexibility.
SS: Looking at initial reason taken on was for amount of flexibility shown. Clearly isn't the case. Is that fair to say?
Me: Since medication I haven't called in sick.
SS: On just one shift a week. Anything else to ask?
Me: No
SS: Okay we'll adjourn now, please take a seat in the canteen.
Adjourn 14.20pm
Reconvene 14.28pm
SS: I believe we have been fair and reasonable adjusting your shifts to a later time, I believe neither your reliability or flexibility neither meet the needs of our business, so its my decision your contract will terminate on 17 August.
... that was a fun meeting
Oh and then 'adjourning'. Silly people
I sent a letter to the supermarket telling them that I wished to appeal. I sent it out on the 12th... No reply. So I sent out another letter on the 22nd this time recorded delivery.
I had a phonecall from the HR Manager telling me that they had received the letter and that she was waiting on another manager to get back to her who needed to be present at the meeting but would send out a letter once it had been arranged.
I still have heard nada and am aware that the employment tribunal have a certain time frame, so I rang them and told them I felt the employer were dragging their heels. He's sending me out an ET1 form and that would cover the deadline problem.
I also rang ACAS and she suggested waiting for the employer to get back to me as the deadline would be in 3 months time in November. Then after the appeal meeting possibly contacting ACAS again to do a 'conciliation service' which apparently is less formal and quicker than a tribunal.
I'm thinking about just sending the ET1 form anyway to cover my back but am unsure whether it would just be rejected as I havent been through the appeal yet
If you get closer to the 3 month limit then submit the form, for the time being, do what ACAS say.
Yeah it is 3 months. For some reason I thought it was less. I'm gonna hang onto the form and just wait on the supermarket. I'll give it a while longer
I had my appeal meeting finally today.. after they cancelled on me last minute 3 seperate times...
I could tell I was with a person who was obviously higher up. Made such a change from last time. 'Ooh be careful of the door handle' .. 'Have a seat here you'll be more comfortable'. Too little too late though.
Their arguement is now 'It was a temporary position. It was ended for no other reason'. Despite me having it in the minutes from the last meeting that it was for absence and flexibility. It just went round in circles with me saying that and them saying that I signed the contract for a temporary position.
I was getting sick of it so decided to throw in the details about my supervisor wanting me to stay at work and not go to a and e despite potentially miscarrying. Ahh he was fuming. Cue 'adjournment'
I got 'Why did you just bring this up now?'. So I said 'Well why not? Would it had made any difference? I think it shows that I have a pretty strong case for pregnancy discrimination'.
Anyway no other drama apart from that. They aren't going to overturn the appeal or anything so it's the last time I have to be in that crappy store, ever. Theyre sending me out the minutes again and then it's onto the employment tribunal. Fingers crossed.
I agree. I know that ultimately it's not right that you think they have dismissed you for pregnancy related illnesses but all that could happen in the end is that you get your job back, right? you won't be working for a while anyway because of baby unless you have childcare sorted and you already hated the job. if they were so unforgiving about letting you go when you thought you might be having a miscarriage then it sounds like an awful place to work. what if your little one is ill while you're there, it doesn't sound like they're going to be supportive at all. I would leave them to it but broadcast it loud and far what they did to you. you know the truth. you're just going to be going through unnecessary stress when you're already well into pregnancy.
why can you not use them as a reference?
But whatever, the reaction is pretty much what I expected to see.
I appreciate the concern but it's just filling in a form, sending it to the tribunal with evidence I already have and waiting to see what happens. And it's free
I would like to ask you to take 5 minutes out of your day to help support me & my family.
My work discriminated against me and I truly don't know if it I pregnancy discrimination or lesbian discrimination. I lost my job & was fired while suffering a miscarriage. I would be so grateful if you would read my petition and if possible help me promote it. Even just circulating it through your friends or companies via email would be helpful. My goal is to get 100,000 signatures and either push for my job back or a change in company policy.
http://www.change.org/petitions/startek-change-their-abseentism-policy-and-stop-discrimination
Thank you for any help or signatures you can provide!
Melinda
No, unfortunately I don't have any options to pursue my case other than this petition. The Family Medical Leave act doesn't take into effect until I have been employed for a year. I reached out to the labor board and they say I fall into a grey area. I have recently seen a trend in companies changing their policies due to high responses to petitions. At this point I'm pursuing every possible option or avenue to increase my chances in getting this decision reversed.
http://www.eeoc.gov/laws/statutes/pregnancy.cfm
You state that you don't know if the alleged discrimination took place because of pregnancy or being a lesbian? Have you any indications about why it might be either of those? I only ask because if you could bring some form of case, if you yourself can't decide which it is, how would you bring a case about it? I say this all whilst in the knowledge that I'm not an expert in UK law, never mind US law, so I would seek more legal advice because even if the petition gets a hell of a lot of responses, the company in question doesn't have to listen to it. Also, I don't think getting signatures from the UK will help.