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Formal Grievance: Questions About Pregnancy Plans and Selection for Redundancy
[YOUR FULL NAME]
[YOUR ADDRESS]
[EMAIL] · [PHONE]
[EMPLOYER'S NAME]
For the attention of: [HR MANAGER OR A MANAGER WHO IS NOT THE SUBJECT OF THIS GRIEVANCE]
[EMPLOYER'S ADDRESS]
[DATE]
Sent by: [EMAIL TO … AND RECORDED DELIVERY, REFERENCE …]
Dear [NAME],
Formal grievance — discrimination because of sex / pregnancy (Equality Act 2010)
I am employed as [JOB TITLE] in [TEAM / SITE], employee number [NUMBER], since [START DATE]. I raise this formal written grievance under your grievance procedure and the Acas Code of Practice on disciplinary and grievance procedures. I am sending it to you because the grievance concerns [MANAGER'S NAME AND ROLE].
1. What happened
On [DATE], during [MEETING / CONVERSATION / MESSAGE], [MANAGER'S NAME] asked me [EXACT WORDS AS CLOSE AS I CAN RECALL, FOR EXAMPLE "ARE YOU PLANNING TO HAVE A BABY SOON?"]. [WITNESS: (NAME), IF ANY.]
[I WAS NOT PREGNANT AT THE TIME / I WAS PREGNANT AND HAD TOLD (NAME) ON (DATE) / I WAS PREGNANT AND (NAME) KNEW OR SHOULD HAVE KNOWN BECAUSE (REASON)].
On [DATE], I was told that my role is at risk of redundancy. [I WAS THE ONLY ONE SELECTED / MY SCORES WERE LOWER THAN BEFORE WITHOUT EXPLANATION / OTHER FACTS].
Before this, my performance was [RATED (RATING) ON (DATE) / NOT CRITICISED].
2. Why I believe this is discrimination
The question about my pregnancy plans, followed within [NUMBER] weeks by my selection for redundancy, leads me to believe that I am being treated less favourably because I am a woman (Equality Act 2010, section 13) [OR: unfavourably because of my pregnancy (section 18)]. An employer must not discriminate against an employee by dismissing her or subjecting her to any other detriment (section 39(2)). Where there are facts from which discrimination could be found, it is for the employer to show that it did not discriminate (section 136).
3. What I ask you to do
Hold a grievance meeting without unreasonable delay, chaired by someone not involved. I will be accompanied by [FELLOW WORKER / TRADE UNION REPRESENTATIVE: (NAME)].
Before the meeting, send me: the redundancy selection pool, the selection criteria, my scores and how they were reached, the names of the people who scored me, and any notes that mention my family plans or pregnancy.
Put the redundancy process for my role on hold until this grievance and any appeal are decided.
Confirm in writing that I will not be treated less favourably for raising this grievance.
I would like this resolved by [THE REDUNDANCY BEING WITHDRAWN / A FAIR RE-SCORING BY AN INDEPENDENT MANAGER / OTHER OUTCOME].
Please confirm receipt and the meeting date in writing by [DATE].
Yours sincerely,
____________________
[YOUR FULL NAME]
For me
[ ] Date of the question about pregnancy plans: [DATE]; date of the latest act (selection, dismissal): [DATE]
[ ] Tribunal time limit: 6 months beginning with the latest act — last day [DATE]
[ ] The grievance does not stop the clock: notify Acas by [DATE] if not resolved
[ ] Notes of every meeting kept, with dates and names