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Help! Sacked from post whilst on Maternity Leave

Discussion in 'Pay and conditions' started by StarsForEyes, Apr 21, 2011.

  1. Can anyone recommend a good solicitor in London/Kent? HT called meeting whilst still on leave and said that I would no longer be in post from Sept. HT also said that School would honour pay but expected me to leave. HT couldn't guarantee a job for me and I would have to apply like everybody else as school was planning on applying for acadmey status. NUT haven't been helpful. Have left messages but no one has really returned call, Due to go back shortly in May but to what I don't know.

    Anyone else been in this position?
     
  2. coppull

    coppull New commenter

    Please speak to your Regional Office/ Head Office of the NUT to-day ! These numbers will be on the NUT web site. You have paid your fees and this is what the paid people of your Union should be helping you out with. Clearly no reprsentation from the Union at your meeting
    HT sacking people so that they will get a big pay rise,when the school becomes an Academy.[​IMG]
     
  3. Crowbob

    Crowbob Established commenter

    What do you mean by sacked? How long have you worked there? What kind of contract are you on? What was the reason given for dismissal? All things your Union will ask when contacted.
     
  4. DaisysLot

    DaisysLot Senior commenter

    Union first stop... but if you can afford it www.matchsolicitors.com - London based specialist in education employment law and issues.
     
  5. Middlemarch

    Middlemarch Star commenter

    That's great advice from autismuk. Do follow it, won't you?
     
  6. Thanks. 2 Additions.
    1) IANAL
    2) All these notes, calls etc. KEEP RECORDS OF EVERYTHING.
     
  7. NUT havent been helpful- haven't heard back from them despite contatcing the HO several times. I've worked there 7+ years and a solicitor said it as constructive dismissal, sex discrim but I've got to fund it which I am in no positon to do.
    I've started looking for other jobs but it is a pay drop of £15k and I'm not 'equipped' to apply for more enior posts.... Just feel so let down.
    Thanks for advice everyone.


     
  8. Oh and I should add HT expects me to return to 44 period TT from the date of return and has completely changed terms of employment. In order to sue for constructive dismissal- I have to resign.... Will I get paid over July/Aug?
     
  9. Do you have home insurance? If so the legal cover generally covers expenses in employment related matters. It's worth checking just in case. X
     
  10. snowstorm

    snowstorm New commenter

    Contact the Equality Human Rights Commission; they offer excellent advise and support for discrimination cases. If your case justifies it, and meets the discrimination criteria, they will also refer you to the Free Representive Unit (FRU) where a volunteer barrister may take on your case for FREE and represent you at Tribunal.There are strict guidelines eg you will need to provide written proof that your Union will not represent you, and you will need to prepare the casework yourself. If you go for constructive dismissal or are dismissed, you will need to apply to the ET within 3 months less one day. There is a legal organisation called ProBonoUK that will provide free legal advise and support, possibly representation too, at tribunal.
    As someone has advised above, check out your household insurance; you may be covered for legal expenses for employment disputes.
    If you are strong enough, I would say not to go down the constructive dismissal route, but follow your employer's internal grievance process; you will just go through the motions of meetings etc, and your grievance will probably fail (from what you have posted, and also my experience) but then you will have all the written proof of why you were dismissed/chose to leave to present to an ET.
    If you are applying to an ET you will need to go through the internal grievance process anyway, before applying, unless you go for constructive dismissal.
    There is a wealth of information on the net; do use it;
    and, good luck.
    SSx
     
  11. Thank you very much for being so helpful! I can't cope with the stress of staying plus I've got to think of my family and five month old baby so I am job hunting. I will chase NUT but the solicitor I spoke to seems to think this is quite usual for them to be reluctant to be involved.
     
  12. snowstorm

    snowstorm New commenter

    It's true; think they have too much interest invested in the employer. I went down the route of getting a free barrister, and was succesful in doing so, but cant talk about it on here.
     
  13. The more I read the more I think the Unions are useless at providing representation and just want to do as little as possible.
    Unless you are not being honest about your position I cannot see any reason why they could sack you (in fact they aren't, you are being 'encouraged not to come back') and there appears to be no reason for this other than you are on maternity leave !
    Is there a possibility of taking you on under CFA (no-win-no-fee) or Insurance ? On the face of it you have a good case.

     
  14. Good advice. On my (one) venture into Employment Tribunals I did the case myself - my solicitor said he could do it but I wouldn't get the money back win or lose and he would advise me.
    The solicitor opposing me was a generalist, and I got the impression she knew less than I did. She was certainly following me lead in the court !

     

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