Maternity discrimination - do I have a case?

[melissandre]

Hi all,

I have been lurking on this forum for a while and read some excellent advice however my situation seems unusual and has been troubling me for months, It’s a bit of a long one. I began working for a company in Sept 2012 after a pretty rigorous recruitment process and was offered a permanent part time position subject to a usual 6 month probation period.

 

 

All seemed to be going well, I got on with my department, involved myself with planning and running extra activities and had a positive appraisal meeting in Dec where my line manager asked me if I would take on more hours. I agreed and In Jan 2013 my hours were increased to full time . However I discovered I was pregnant over Christmas and perhaps foolishly decided to tell my line manager before my probation ended as he was pressuring me to commit to projects later in the year that I would not be able to do.

 

I felt confident doing this as I had no reason to believe my performance was ever in doubt. The attitude of my line manager changed immediately, he questioned me there and then about whether I would take maternity leave, how long for, would I definitely return etc and how this would make his life very difficult later in the year.

 

 

Just over a week later I was called into a meeting with the manager and told I had ‘failed’ my probation due to concerns about my performance and how I didn’t seem to ‘fit in’. I could have been given my months notice there and then but they asked me to stay on in the same capacity for a further 5 months which seems at odds with their ‘concerns’. The manager denied knowing I was pregnant.

 

 

I realize that I could have been got rid of with no warning at any time during my first 2 years but am convinced I am only being ‘let go’ because my pregnancy would cause problems and hassle for my line manager who was the source of the apparent concerns about me and the end of the probation period gave them the excuse to do it.

 

 

I wish now I had made more fuss at the time the decision was made (early feb) but was shocked and scared about stress created if I complained (my line manager can be quite aggressive when challenged) and wanted to secure my SMP which would be paid if I stayed on .

 

Management also tried to placate me by saying they would give me a reference if I basically melted away. However the longer it has gone on the more aggrieved I feel about my treatment and the fact I will have the stress of having to find a new similarly paid job in a difficult area with a young baby.

 

 

Basically do I have a case for unfair dismissal due to sex discrimination. Thanks for any advice.

Edited June 1, 2013 by citizenB
formatting

[becky2585]

Hello

 

Unfortunately I think that the claim would now be out of time, as the discriminatory act happened in early feb. Has anything happened since?

[melissandre]

Hi Becky,

it's the timeframe that makes this an unusual case. I had a free initial consultation with an employment solicitor a while back because I was concerned about the3 month rule and he believed that the 3 month rule would start from when I actually have to leave my job (end of July) as this is the final 'act of detriment' to myself. I didnt pursue the case with the solicitor due to the costs involved upfront so also talked to a CAB employment advisor who said the same thing. I hope I have been given the right advice.

If I was to submit an ET1 would the ET people tell me the claim was out of time or would it be upto the respondant to argue that?

thanks for replying

[becky2585]

It would be up to the Respondent to argue the point - it's very rare that the ET would pick up on it, but they can still find against you at the final hearing for being out of time.

 

I do have concerns though as I don't see that merely leaving the company would be a discriminatory act. The act came when you were told that you had failed your probation straight after they found out you were pregnant - so you need to find something to link the discrimination together... Or find a very lenient judge!

[steampowered]

You do have a time period problem, but my instinct is that your advisers are right. Refusing to renew a fixed term contract is usually seen as a dismissal; and if the reason for not giving you more time is the pregnancy that should reset the three month clock.

[melissandre]

is it not the case that the dismissal (which is the act of discrimination) is the final day of employment? I had not chosen to leave and the final leaving date was chosen by management to suit the company. Subsequently my job was advertised and given to someone new who will take over when I am eventually dismissed .

Aside from the timing issue, from the brief outline I have given does it sound like I could convince a judge that my pregnancy was the main reason for my dismissal. I can't think of any genuine evidence that they would have that they were unhappy with me before my announcement.

thanks again for your time

[Atlas01]

if it's unfair dismissal for reasons relating to pregnancy then the dismissal must take effect for a claim of that nature so the solicitor is right (as would be expected)

 

If you want to keep your job however i'd advise speaking to your brief over a grievance to raise discrimination and ask for them to consider again