Constructive dismassal due to pregnancy??? Please help!

Constructive dismassal due to pregnancy??? Please help!

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SickFish

Original Poster:

3,503 posts

188 months

Tuesday 29th July 2014
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The initial message was deleted from this topic on 21 October 2014 at 19:54

AlmostUseful

3,276 posts

199 months

Tuesday 29th July 2014
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Would she have been entitled to Mat pay anyway? When I switched jobs and my Mrs was pregnant I wasn't entitled to Pat pay because I'd not been with them for something like 126 days prior to the 15th week of pregnancy - not sure if Mat pay has the same rule.

otolith

55,899 posts

203 months

hondansx

4,562 posts

224 months

Tuesday 29th July 2014
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She is not protected for unfair dismissal in her probation period.

Moonhawk

10,730 posts

218 months

Tuesday 29th July 2014
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SickFish said:
If she gets sacked/ dismissed, we will be up st creek as she will get no mat leave pay....
Would she have got it anyway? It may be touch and go reading this:

http://www.maternityaction.org.uk/sitebuilderconte...

On page two it states that if she was already pregnant before starting the job - she would not be entitled to statutory maternity pay.

How many weeks pregnant is she?



SickFish

Original Poster:

3,503 posts

188 months

Tuesday 29th July 2014
quotequote all
AlmostUseful said:
Would she have been entitled to Mat pay anyway? When I switched jobs and my Mrs was pregnant I wasn't entitled to Pat pay because I'd not been with them for something like 126 days prior to the 15th week of pregnancy - not sure if Mat pay has the same rule.
Yes, baby due on 26th January, she has to be in a job for 26 weeks.

Due date is 26th Jan, so would have been with the company ~33 weeks

jkh112

21,886 posts

157 months

Tuesday 29th July 2014
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As said above, I think your wife needs to have been employed for 26 weeks prior to the 15th week before due date to qualify for SMP but you should be able to easily check this on some govt website or mumsnet!
It is probably not a coincidence the meeting is before the end of probation, if the employer has concerns during the probation period then it would be useless to ignore them until probation has finished.

Moonhawk

10,730 posts

218 months

Tuesday 29th July 2014
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SickFish said:
Yes, baby due on 26th January, she has to be in a job for 26 weeks.

Due date is 26th Jan, so would have been with the company ~33 weeks
But the link I gave above states that if she was already pregnant before starting the job (which based on her due date seems likely) - she is not entitled to statutory maternity pay.




Centurion07

10,381 posts

246 months

Tuesday 29th July 2014
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hondansx said:
She is not protected for unfair dismissal in her probation period.
Pretty sure the pregnancy thing changes that slightly. I stand to be corrected though.

Vaud

50,285 posts

154 months

Tuesday 29th July 2014
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Sounds like an area of expertise for Breadvan.

SickFish

Original Poster:

3,503 posts

188 months

Tuesday 29th July 2014
quotequote all
jkh112 said:
As said above, I think your wife needs to have been employed for 26 weeks prior to the 15th week before due date to qualify for SMP but you should be able to easily check this on some govt website or mumsnet!
It is probably not a coincidence the meeting is before the end of probation, if the employer has concerns during the probation period then it would be useless to ignore them until probation has finished.
Hmmm you may be right.... either way if she is not in gainful employment (lets face it nobody would employ someone pregnant) does this affect maternity allowance... this is a minefield frown

SickFish

Original Poster:

3,503 posts

188 months

Tuesday 29th July 2014
quotequote all
Moonhawk said:
SickFish said:
Yes, baby due on 26th January, she has to be in a job for 26 weeks.

Due date is 26th Jan, so would have been with the company ~33 weeks
But the link I gave above states that if she was already pregnant before starting the job (which based on her due date seems likely) - she is not entitled to statutory maternity pay.
You may be right there... balls

jkh112

21,886 posts

157 months

Tuesday 29th July 2014
quotequote all
Moonhawk said:
SickFish said:
Yes, baby due on 26th January, she has to be in a job for 26 weeks.

Due date is 26th Jan, so would have been with the company ~33 weeks
But the link I gave above states that if she was already pregnant before starting the job (which based on her due date seems likely) - she is not entitled to statutory maternity pay.
It is 26 weeks before the 15th week before due date ( I believe). 15 weeks before due date is w/c 13 Oct. 26 weeks before then is early April. I think she does not qualify for SMP.

NormalWisdom

2,139 posts

158 months

Tuesday 29th July 2014
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Vaud said:
Sounds like an area of expertise for Breadvan.
Without a doubt

Butter Face

30,191 posts

159 months

Tuesday 29th July 2014
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Centurion07 said:
hondansx said:
She is not protected for unfair dismissal in her probation period.
Pretty sure the pregnancy thing changes that slightly. I stand to be corrected though.
I assume because they could be accused of discriminating against her for being pregnant, which you can't do obviously.

If they're planning on getting rid of her they will have a nailed on case with evidence otherwise they are leaving themselves wide open to claims.

If she does feel like she's being pushed because of the pregnancy then you need to do as above and write everything down, dates etc and build a defense.

anonymous-user

53 months

Tuesday 29th July 2014
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Although not protected for "unfair dismissal" you are protected for dismissal on the grounds on sexual discrimination. Start keeping copious notes and, if the meeting goes badly, talk to a proper employment lawyer.

You need to get the calculator out though as my maths says you will not be eligible for maternity pay anyway, but I may be reading it wrong

"...have worked for your employer continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before the expected week of childbirth"

Vaud

50,285 posts

154 months

Tuesday 29th July 2014
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SickFish

Original Poster:

3,503 posts

188 months

Tuesday 29th July 2014
quotequote all
Butter Face said:
Centurion07 said:
hondansx said:
She is not protected for unfair dismissal in her probation period.
Pretty sure the pregnancy thing changes that slightly. I stand to be corrected though.
I assume because they could be accused of discriminating against her for being pregnant, which you can't do obviously.

If they're planning on getting rid of her they will have a nailed on case with evidence otherwise they are leaving themselves wide open to claims.

If she does feel like she's being pushed because of the pregnancy then you need to do as above and write everything down, dates etc and build a defense.
This is exactly what I have told her to do, I have built an excel log that I have asked her to complete daily, build up her defence. She has already said to her line manager that the work load is unmanageable.

For example: she hold 3x accounts where as account managers at HQ only deal with 1x account each....

SickFish

Original Poster:

3,503 posts

188 months

Tuesday 29th July 2014
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Vaud said:
Thanks for that, very helpful

Vaud

50,285 posts

154 months

Tuesday 29th July 2014
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Did the employer conduct a risk assessment when she told them she was pregnant?

https://www.gov.uk/working-when-pregnant-your-righ...