What evidence would she have to show to a tribunal other than hearsay?
err the fact she was made redundant whilst on mat leave and someone is doing her job perhaps with the same role, oh and maybe a witness statement from OP
[TW]Fox;18275699 said:His point is that nothing has happened yet.
[TW]Fox;18275699 said:His point is that nothing has happened yet.
err the fact she was made redundant whilst on mat leave and someone is doing her job perhaps with the same role, oh and maybe a witness statement from OP
Witness statement is hearsay, he's simply reporting what someone else said. Without any validated copies of the email there's no reason to believe the whole thing wasn't made up to get back at her employer for making her redundant legitimately.
What evidence would she have to show to a tribunal other than hearsay?
Good luck to them, she would have a seriously strong case for unfair or constructive dismissal.
They can make her redundant if her job is no longer available, but then the other woman would not be able to continue in that role even if it is expanded because of her qualifications.
The problem also is that she is entitled to return to her old job, and if that job no longer exists then the company are obliged to find her a suitable alternative position.
This is an absolute minefield for the employer and frankly if they go ahead with this then any employment tribunal will tear them a new one.
1 yr Maternity is quite a lot, especially for a small business (as fox has said) bigger companies can absorb it a little better but probably still have a big burden to bear. Thats not taking into account all the time of that parents have after the birth.
Maybe if she hadn't taken the full time off the employer would not have had time to realise that there are better employees out there.
1 yr Maternity is quite a lot, especially for a small business (as fox has said) bigger companies can absorb it a little better but probably still have a big burden to bear. Thats not taking into account all the time of that parents have after the birth.
Maybe if she hadn't taken the full time off the employer would not have had time to realise that there are better employees out there.
1 yr Maternity is quite a lot, especially for a small business (as fox has said) bigger companies can absorb it a little better but probably still have a big burden to bear.
The fact that her job was replaced by another very similar job and the woman who is now doing that job is the same woman that covered the previous one whilst she was on maternity leave.
They would have to create an entirely new position and then actually advertise and interview for that position, the woman currently covering maternity leave would have to apply as would anyone else.
Also the company is legally obliged to find a suitable position for the woman on maternity leave and if there is none available then they would have to pay her redundancy etc...
However, if the new position created is clearly just an expansion of the original position then there is a clear case that she was forced out whilst on maternity leave unless she is offered the position herself first.
Any tribunal would expect the employer, not the employee to prove that they did not conspire to remove her from her position whilst she was on maternity. In this circumstance (going solely on the OP) they would get torn to shreds by an half competent employment specialist.