sacking someone because they are pregnant

[paul001]

My other half was working as a freelancer for a company for a few months but recently they offered her a full time position PAYE with the company which she accepted. About 1 week before starting full time she found out she was pregnant. She was a bit too scared to tell them before starting and obviously in the first few weeks of pregancy anything can happen so she decided not to say anything to them until she was 3 months in. So, today she told the employer and they have stated that due to her not telling them in advance, (because she's been there only a little more than a month that she must have known she was pregnant before she started and didn't tell them) that they are going to let her go.

As an employer myself I sit on both sides of the fence, I guess with my employer hat on I would agree and would want someone new starting for me to honest from the outset, although I also know I am not an evil git that would sack someone for being pregnant.

From her point of view, I am not sure where she stands, or from a legal point of view. She's been with the company for less than 3 months so still in probation period, where I thought you could get rid of someone without explanation, so they could just say it was something else if it went further at any point. I also thought at the time she should have told them before starting but her decision and I suppose I understand her reasons why.

Anway, does anyone know where she stands on this, the problem is, at the moment 2 incomes would be nice up until the baby is born so I can squirel some cash away over the next few months to make sure I can support the both of us and the baby while she can't work and I don't think anyone is likely to be knokcing the door down to give a pregnant woman a job.

I guess the problem is, she didn't tell them before starting the job, I would be very angry if it was something she didn't know before starting and this happended but the facts are that she knew a week before.

[pmanson]

I don't think she legally has to tell them until she is 20 weeks gone. Like you say in the first 12 weeks or so there is a heightened risk of issues.

I think on week 20 she has tell them so that they can notify the relevant people to her change in status.

[paul001]

Thanks, but she couldn't cope with the guilt of not telling them, so she already has told them hence why they've now let her go/sacked her.

[Eric Mc]

Unfair dismissal claim looming I would suggest.

[bellisa]

http://www.businessbureau-uk.co.uk/personnel/emplo...

[mrmaggit]

I'd have offered to keep her on until she left "normally", but retained the option of not re-employing her when she wants to come back to work.

[samdale]

bellisa said:

http://www.businessbureau-uk.co.uk/personnel/emplo...

this says it all^^

plus how long could she have got away with not telling them for and claim she didnt know?

[Eric Mc]

There is a legal case covering very similar circumstances. I am pretty sure that the employer lost their case against the unfair dismissal claim i.e the dismissal of the woman was deemed unfair.

[DamoLLb]

Seek Legal advice, most high street firms will be able to help you.


Taken from the following website http://www.direct.gov.uk/en/Employment/RedundancyA...

Reasons for dismissal
Automatically unfair reasons

Some reasons for dismissal are automatically unfair, including:

* because you've used, or attempted to use, a statutory employment right (for example, taking parental leave)
* because you've become pregnant
* because of your membership/non-membership of a trade union

If you were dismissed for any of these reasons, you do not have to have the normal one year's service or be under your normal retirement age to take the matter to an Employment Tribunal.

Edited by DamoLLb on Tuesday 17th February 09:57

[JRM]

Hmm, we've been through a similar thing and whilst any issue during pregancy is almost always categorised as sexual discrimination, which opens up unlimited compensation, I think the fact that she has been there for such a short period of time really negates this. I'd be surprised if she has a leg to stand on given that she knew she was pregant at the time of starting employment.

Anyway, the UK system is pretty good for protecting women so good luck trying to sort it out. Call citizen's advice bureau as well, they can be quite helpful at least in the first instance.

[john_p]

I cannot believe her employer could be so stupid!

Make sure you get everything in writing and seek legal advice ASAP.

Edited by john_p on Tuesday 17th February 10:02

[VTECMatt]

Very strong case for unfair dismissal, even though she has little service. They will get royally bent over.

[DamoLLb]

JRM said:

Hmm, we've been through a similar thing and whilst any issue during pregancy is almost always categorised as sexual discrimination, which opens up unlimited compensation, I think the fact that she has been there for such a short period of time really negates this. I'd be surprised if she has a leg to stand on given that she knew she was pregant at the time of starting employment.

Anyway, the UK system is pretty good for protecting women so good luck trying to sort it out. Call citizen's advice bureau as well, they can be quite helpful at least in the first instance.

you do not need to be there for the normal one years service, it is an automatic unfair dissmissal

[Hedders]

Sometimes i wish I was born Female.

Get job, get pregnant, get fired, get pay out, get abortion.

Repeat.

Edited by Hedders on Tuesday 17th February 10:07

[johnfm]

Hedders said:

Sometimes i wish I was born Female.

Get job, get pregnant, get fired, get pay out, get abortion.

Repeat.

Edited by Hedders on Tuesday 17th February 10:07

Though I doubt the 'get abortion' part of your workflow process is all that pleasant!

[Hedders]

johnfm said:

Though I doubt the 'get abortion' part of your workflow process is all that pleasant!

It's a dirty job, but someone has to do it :P

[ipitythefool]

Hedders said:

Sometimes i wish I was born Female.

Get job, get pregnant, get fired, get pay out, get abortion.

Repeat.

Or the alternative:
Don't get job, get pregnant, get house.

I see you're onto something.


Looks up directory for sex change clinics

[Neil_H]

And women complain when they aren't treated equally in the workplace.....

[FPC]

Automatic unfair dismissal - put in a claim within 3 months of the dismissal. You don't legally have to inform employer until quite late in the pregnancy (much later than 20 weeks IIRC). The one year qualification period for unfair dismissal does not apply in this case.

I don;t know why other posters find it so unfair that women should not be sacked because of their pregnancy?

[Hedders]

FPC said:

I don;t know why other posters find it so unfair that women should not be sacked because of their pregnancy?

Have you ever had to pay for a member of staff who was not there? Big buysiness might be able to afford it, but a small company could go bust over it!