Sacking a pregnant employee
Discussion
Tricky one.
I have an employee that is pregnant and soon to take maternity leave. She has been with me for 18 months.
A situation has arisen where I would like to get rid of her, she wrecked a company car (frove over a rock, hole in the sump) and is blaming us for working her too hard - she does 35 hours a week, does no heavy lifting and we make allowances for her condition. Breaks, rests,etc. Works five days out of seven.
Anyway, because her contract states that damage to company property is financially recoverable, she is throwing a hissy fit, but admitted it was her fault.
Today she has come in just before her shift with a one month sick note stating 'pregnancy related' as the reson for sickness.
I want to get rid of her, but I know it's difficult both morally and possibly legally.
Any thoughts?
I have an employee that is pregnant and soon to take maternity leave. She has been with me for 18 months.
A situation has arisen where I would like to get rid of her, she wrecked a company car (frove over a rock, hole in the sump) and is blaming us for working her too hard - she does 35 hours a week, does no heavy lifting and we make allowances for her condition. Breaks, rests,etc. Works five days out of seven.
Anyway, because her contract states that damage to company property is financially recoverable, she is throwing a hissy fit, but admitted it was her fault.
Today she has come in just before her shift with a one month sick note stating 'pregnancy related' as the reson for sickness.
I want to get rid of her, but I know it's difficult both morally and possibly legally.
Any thoughts?
Tyre Smoke said:
Tricky one.
I have an employee that is pregnant and soon to take maternity leave. She has been with me for 18 months.
A situation has arisen where I would like to get rid of her, she wrecked a company car (frove over a rock, hole in the sump) and is blaming us for working her too hard - she does 35 hours a week, does no heavy lifting and we make allowances for her condition. Breaks, rests,etc. Works five days out of seven.
Anyway, because her contract states that damage to company property is financially recoverable, she is throwing a hissy fit, but admitted it was her fault.
Today she has come in just before her shift with a one month sick note stating 'pregnancy related' as the reson for sickness.
I want to get rid of her, but I know it's difficult both morally and possibly legally.
Any thoughts?
A very tricky one, I can't offer you any advice, but my sister works in HR and had a similar situation... I recall they ended up making her role redundant and paying her off, not cheaply!I have an employee that is pregnant and soon to take maternity leave. She has been with me for 18 months.
A situation has arisen where I would like to get rid of her, she wrecked a company car (frove over a rock, hole in the sump) and is blaming us for working her too hard - she does 35 hours a week, does no heavy lifting and we make allowances for her condition. Breaks, rests,etc. Works five days out of seven.
Anyway, because her contract states that damage to company property is financially recoverable, she is throwing a hissy fit, but admitted it was her fault.
Today she has come in just before her shift with a one month sick note stating 'pregnancy related' as the reson for sickness.
I want to get rid of her, but I know it's difficult both morally and possibly legally.
Any thoughts?
Good luck!
I must admit, I have never understood how being pregnant is protection against a redundancy or dismissal that would have happened regardless of if someone was pregnant or not.
Having not been through a redundancy before, what happens if a whole team are being made redundant and one of the team members has just gone on maternity leave? Do they still get made redundant or do they sit at home on pay and get made redundant when they come back, possibly having accumulated a further years worth of service?
Having not been through a redundancy before, what happens if a whole team are being made redundant and one of the team members has just gone on maternity leave? Do they still get made redundant or do they sit at home on pay and get made redundant when they come back, possibly having accumulated a further years worth of service?
Do you not have insurance on the car? I'd have thought that was it was intended for.
AINAL, I think you'd be in a world of pain trying to sack a pregnant woman just before she gave birth.
Don't forget, not all pregnancies are the same, they can change mental characteristics as well as physical.
AINAL, I think you'd be in a world of pain trying to sack a pregnant woman just before she gave birth.
Don't forget, not all pregnancies are the same, they can change mental characteristics as well as physical.
Leaving aside the ethics/morals for a moment, is it still the case that an employee has no comeback if you dismiss within 2 years?
I know they could still have a case for wrongful dismissal, which could likely be the case here.
Also, she has annual leave booked for next week, what takes precedence now? Leave or SSP?
She has also not submitted a MAT B1 yet, so won't be getting any maternity pay without it. Despite us repeatedly asking for it.
I know they could still have a case for wrongful dismissal, which could likely be the case here.
Also, she has annual leave booked for next week, what takes precedence now? Leave or SSP?
She has also not submitted a MAT B1 yet, so won't be getting any maternity pay without it. Despite us repeatedly asking for it.
"Damage to company property is financially recoverable" Seems harsh, even if she has driven like an idiot, I doubt it was deliberate?
Must say your post comes across as you not wanting to pay her maternity leave, which would be illegal.
You can reclaim (most of) the cost of her Maternity Pay.
https://www.wellersaccountants.co.uk/blog/how-to-c...
ETA: you seem to know about the MAT1B so assume you know all about the above.
Just a thought: your business is very visible from your profile, on the UK's leading motoring forum. Maybe you should consider an edit to it?
Our fleet of Taxis are maintained to the highest possible standards and all are non smoking and air conditioned. Our drivers all have to pass an enhanced CRB (Criminal records Bureau) check and a full medical before they are considered for their Hackney driver’s licence. Both our male & female friendly drivers take a real pride in their work offering businesses and customers a polite and courteous service. They will go that “extra mile” to help with luggage or shopping. Our prices are kept very competitive and our customer service is second to none. Our own record on treating staff fairly, especially pregnant women, is abysmal
I won't be the only bloke reading this whose wife/partner has been screwed over by an employer who does not want to observe their legal obligations vis a vis maternity, it's a s
tty trick to pull.
Must say your post comes across as you not wanting to pay her maternity leave, which would be illegal.
You can reclaim (most of) the cost of her Maternity Pay.
https://www.wellersaccountants.co.uk/blog/how-to-c...
ETA: you seem to know about the MAT1B so assume you know all about the above.
Just a thought: your business is very visible from your profile, on the UK's leading motoring forum. Maybe you should consider an edit to it?
Our fleet of Taxis are maintained to the highest possible standards and all are non smoking and air conditioned. Our drivers all have to pass an enhanced CRB (Criminal records Bureau) check and a full medical before they are considered for their Hackney driver’s licence. Both our male & female friendly drivers take a real pride in their work offering businesses and customers a polite and courteous service. They will go that “extra mile” to help with luggage or shopping. Our prices are kept very competitive and our customer service is second to none. Our own record on treating staff fairly, especially pregnant women, is abysmal
I won't be the only bloke reading this whose wife/partner has been screwed over by an employer who does not want to observe their legal obligations vis a vis maternity, it's a s
tty trick to pull. Edited by PurpleTurtle on Friday 7th February 15:39
Tyre Smoke said:
Leaving aside the ethics/morals for a moment....
Hmmm...I think a read of this might be in order.https://archive.acas.org.uk/pregnancydiscrim
So far you sound like an awful employer to work for.
How much of the cost of the damage is she supposed to pay back? The excess or the whole cost? Good luck with that one.
It'd also be a slam dunk case for her if you sack her now, unless there are other well documented things she's done to warrant it other than have an accident in a company vehicle and not fill in a maternity pay form?
Being cynical now you employed someone of child bearing age, it wasn't unforeseen that said person might actually have children.
How much of the cost of the damage is she supposed to pay back? The excess or the whole cost? Good luck with that one.
It'd also be a slam dunk case for her if you sack her now, unless there are other well documented things she's done to warrant it other than have an accident in a company vehicle and not fill in a maternity pay form?
Being cynical now you employed someone of child bearing age, it wasn't unforeseen that said person might actually have children.
OP, tread extremely carefully. I have second hand experience of this through a family member sacking a pregnant employee (for all the right reasons), and it was very messy indeed. Settled out of court in the end for a small fortune.
If you absolutely must dismiss this person, I would seek advice from an expert, it will be worth every penny.
If you absolutely must dismiss this person, I would seek advice from an expert, it will be worth every penny.
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