any employers here need urgent advice

[Jonesy83]

probably wrong kind of forum but if theres any employers here need some advice on a situation im over the moon and crapping myself at the same time

today ive just found out that im going to be a father so im over the moon about that

the downside is my girlfriend only started her job 3 months ago and has told her boss about her being pregnant and shes been told that she may be getting the sack for being pregnant!!!

can they do this??

at the moment were only just covering the bills coming in and weve already got a 6 year old from her previous relationship and that waste of space of a father wont even bother trying to make contact nor help pay maintenence and we have no clue of his whereabouts

our biggest worry now is that she wont be entitled to maternity pay

 

[Bromd123]

I'm not a solicitor mate but as far as I'm aware its illegal for them to sack her for falling pregnant. Whether she will be payed maternity leave or not I don't know she may be but at a reduced rate. The best people to ask about this kinda stuff is your local citizens advice centre

Also if the worst comes to worst there is a maternity allowance that can be claimed from the government follow the link below for more details

Maternity Allowance : Directgov - Money, tax and benefits

Hope this helps pal

 

[acat]

Only working for 3 months I doubt she will have full employment protection that normally kicks in after 12 months then full protection after 24 months. You need to see someone as soon as possible like the CAB and inform them what was said and persons present. If she is part of a union get them involved as well.


Best of luck and keep us posted



Chris

 

[High Tower]

Im afraid acat is right, within 3 months service she would still technically be serving a probationary period and im afraid within this they can remove one without any justification what so ever, they can remover someone inside 3 months if they dont like their shoes.

Again there are very few statatory employment rights within a years service and a tribunal would rarely take a case with less than 1 year service.

the only course you may have is that if you can show discrimination, you gf needs to start secretly recording and meetings or conversations on her phone, print emails and generally gather evidence.

Removing someone for being up the duff is highly illegal at any time and serves as descrimination at all time, only they wouldnt be stupid enough to give that as a reason it will be something else.

The challenge is to now prove it by gathering evidence.

There may be a issue with maternity pay as she has only been there a short amount of time

 

[ian.settle1]

Go to the Citizans Advice they wil be better able to tell you.

 

[Doomed]

Citizans advice is the place to go, and as has been said find out what her probationary period is/was, if she is still serving it they can quite easily find some other reason other then the pregnancy to let her go.

 

[Jonesy83]

Theyve sacked her

she went off sick on thursday and went doctors and gave work the sick note come friday she was had to go into hospital due to bleeding and this morning when she phoned up work they told her not to bother coming in they saying that they need someone reliable and becuase she is pregnant she wont be reliable

ive phoned acas and they told me that becuase shes only been there 3 months that usually she wont have a leg stand on but becuase shes been sacked due to pregnancy they reckon she could claim unfair dismissal and sex discrimination weve got write the works a letter to appeal against it give them 14 days to reply and take it from there

 

[acat]

Hope your good lady is ok (bleeding) start making records now of all days off etc, who said what to who and keep them. When she goes in for the appeal ensure that someone is with her that is not employed by the company as an employee will want to keep their job and may forget what was said if it is detremental to the company.


Keep us posted.


Chris

 

[Jonesy83]

Hope your good lady is ok (bleeding) start making records now of all days off etc, who said what to who and keep them. When she goes in for the appeal ensure that someone is with her that is not employed by the company as an employee will want to keep their job and may forget what was said if it is detremental to the company.


Keep us posted.


Chris

shes ok just gutted she enjoyed working there with it being a care home she enjoyed the banter with the old dears and was hoping get her nvq 3 done

will keep you all posted as much as possible weve been doing the sums and weve decided we cant keep our flat on now weve lost an income so we going move into my perants till baby is born so she can relax im on a low income so theres just no way we can cope with bills weve been expecting this in all honesty so weve been careful and made plans just incase good job we did really

acas gave us the exact same advice you have just keep records of any contact made shes not to fussed about any tribunal but i refuse to let them get away with it theyve only givin her the elbow becuase they dont want to give maternity pay in my view and any meetings with her ex employers ill be going with her

 

[acat]

Dont go into the interview mate you are biased and any subsequent evidence from you will be worthless you need to find someone else thats not involved.


Chris