Constructive dismassal due to pregnancy??? Please help!
Discussion
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?
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
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.
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.
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.Due date is 26th Jan, so would have been with the company ~33 weeks
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 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 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.Due date is 26th Jan, so would have been with the company ~33 weeks
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.Due date is 26th Jan, so would have been with the company ~33 weeks
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.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.
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"
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"
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.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.
For example: she hold 3x accounts where as account managers at HQ only deal with 1x account each....
Vaud said:
Thanks for that, very helpfulDid the employer conduct a risk assessment when she told them she was pregnant?
https://www.gov.uk/working-when-pregnant-your-righ...
https://www.gov.uk/working-when-pregnant-your-righ...
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