Advice needed after sacking during pregnancy

[jokerdisco]

Hi guys, can you give me some advice for a friend.

 

she has put a post on a pregnancy forum, and i said i would copy it here

 

"Hi everyone just thought i'd share my story with you. Since i told work that i am pregnant i have noticed that their attitude has changed i had a miscarriage last time so this pregnancy i am very wary. I work in a small office and i booked an early scan to reassure myself when i told work of this i got told that it was a terrible inconvenience as my manager was going away. I had the scan and all was fine then as all of us do i have sickness and the supervisor told me that they don't need it as a company as i am going to be tired and sick all of the time which i told her was just a phase. She said she is not telling me to leave but maybe i should cut down my days. After that last week i had the Friday off as i had pains and went to the hospital and when i went back on the Monday i got old i cannot go back until i have a medical certificate for one day"

 

THEN

 

"Hi everyone just got in from work and it's gotten worse i received a letter today from them saying they need to review my contract as they have some concerns with my performance. It says that my probationary period was extended although i was not aware of this untill today. I had no letters and no meeting previously about my performance or probation extension"

 

It says and i quote "i must advise that the possible outcome of this is termination of employment"

 

I know their only trying to get rid of me because i am pregnant and will need time off and they are going to blame it on my probationary period.

 

THEN TODAY

 

I went in yesterday and got the sack great present for christmas dont u think, He got the supervisor to do it didnt even have the balls to do it himself. They said its only based on my performance but he only went funny since i told him i got pregnant. I've got 3 months to take it to a tribuneral x

 

>>>>>>>>>>>>

 

Can anyone offer advice on what her next steps are. She had a miscarriage previously and can do without the stress of this shocking situation

 

Thanks in advance for all your advice and help

[teaboy2]

how long has she worked for the company, because disability discrimination, unfair dismissal, breach of employment act come to mind here.

 

This comes to mind with regards to breach of employment act - Although it would help if your friend could come on here and give me full details what has been said and done and when they were said and done. So please dont take this post as fact until we know the full details regarding the situation so for now take it as advisory only. I would be more then happy to assist your friend futher.

 

Emplyment Rights Act (C.18 ) Section 99 - Preganacy and Child Birth:

 

99 Pregnancy and childbirth

 

(1) An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if—

(a) the reason (or, if more than one, the principal reason) for the dismissal is that she is pregnant or any other reason connected with her pregnancy,

(b) her maternity leave period is ended by the dismissal and the reason (or, if more than one, the principal reason) for the dismissal is that she has given birth to a child or any other reason connected with her having given birth to a child,

© her contract of employment is terminated after the end of her maternity leave period and the reason (or, if more than one, the principal reason) for the dismissal is that she took, or availed herself of the benefits of, maternity leave,

(d) the reason (or, if more than one, the principal reason) for the dismissal is a relevant requirement, or a relevant recommendation, as defined by section 66(2), or

(e) her maternity leave period is ended by the dismissal, the reason (or, if more than one, the principal reason) for the dismissal is that she is redundant and section 77 has not been complied with.

(2) For the purposes of subsection (1)©—

(a) a woman takes maternity leave if she is absent from work during her maternity leave period, and

(b) a woman avails herself of the benefits of maternity leave if, during her maternity leave period, she avails herself of the benefit of any of the terms and conditions of her employment preserved by section 71 during that period.

(3) An employee who is dismissed shall also be regarded for the purposes of this Part as unfairly dismissed if—

(a) before the end of her maternity leave period she gave to her employer a certificate from a registered medical practitioner stating that by reason of disease or bodily or mental disablement she would be incapable of work after the end of that period,

(b) her contract of employment was terminated within the period of four weeks beginning immediately after the end of her maternity leave period in circumstances in which she continued to be incapable of work and the certificate remained current, and

© the reason (or, if more than one, the principal reason) for the dismissal is that she has given birth to a child or any other reason connected with her having given birth to a child.

(4) Where—

(a) an employee has the right conferred by section 79,

(b) it is not practicable by reason of redundancy for the employer to permit her to return in accordance with that right, and

© no offer is made of such alternative employment as is referred to in section 81,

the dismissal of the employee which is treated as taking place by virtue of section 96 is to be regarded for the purposes of this Part as unfair.

 

 

The part most relevent to your friend is in bold, her company may also have breached other parts of the ACT, but i would need more details beofre we can ascertain if they have or not. In the mean time she should write a letter of appeal, appealing her dismissal it is clear she was dismissed due to pregnancy and therefore they have acting unlawfully and in breach of the Employment Rights Act (c.18 ) section 99 (Ss.1A) and therefore they have acted unlawfully by unfairly dismissing you and you withold the right to commence legal action without further notice if they do not reinstate your employment. Also it is noticed that they failed to comply with the correct disciplinary procdures, i.e verbal, written, final written warnings and discliplinary hearings in accordances with the said ACT.

 

 

She should also consider seeing a solicitor regarding this matter.

 

Also performance issues are a matter for disciplinary not for contract review. they can not review a contract due to performance they can only have a review hearing regarding weather your performance warrants a disciplinary.

 

Sorry for bad spelling and grammer but its really late and am beat

Edited December 11, 2009 by teaboy2

[mariefab]

Section 92 (4) of the Employment Rights Act.....

An employee is entitled to a written statement under this section without having to request it and irrespective of whether she has been continuously employed for any period if she is dismissed—

(a) at any time while she is pregnant, or

(b) after childbirth in circumstances in which her maternity leave period ends by reason of the dismissal

 

So, if she has not been provided with the above, she should request it soonest.

 

Also, dismissing an employee because they are pregnant is one of the 'automatically unfair' reasons for dismissal; and it doesn't matter if she has only worked there for a day.

[teaboy2]

Section 92 (4) of the Employment Rights Act.....

An employee is entitled to a written statement under this section without having to request it and irrespective of whether she has been continuously employed for any period if she is dismissed—

(a) at any time while she is pregnant, or

(b) after childbirth in circumstances in which her maternity leave period ends by reason of the dismissal

 

So, if she has not been provided with the above, she should request it soonest.

 

Also, dismissing an employee because they are pregnant is one of the 'automatically unfair' reasons for dismissal; and it doesn't matter if she has only worked there for a day.

 

That was exactly what i was thinking.

[MONTY]

If you have not already done so, put together a chronology of events and keep a diary.

 

Log on to the Employment Tribunal website and raise an ET1 form (it is free).

 

Take legal advice from CAB or other free advice service (try your local university legal facualty - my local university (Plymouth) runs a free assistance service. Do not waist money on 'no win no fee' bandits. There is plenty of free guidance here and elsewhere.

 

From what I have read you could be in an extremely strong position to win an unfair dismissal and sexual discrimination claim. Obviously, there are two sides to every story, but on face value your former employer has acted out of order and lack experienced HR advice.