Discrimination laws?

[CarlyD]

I have recently started a new job and am on a 6 month probation. My dh INSISTS they can legally sack me as soon as I tell them I'm pregnant, cos they don't have to give reason, I have no rights during probation etc. However I feel it would be obvious if they sacked me a few weeks after I told them I'm pregnant... And isn't that illegal even if I'm on probation? I was thinking of having a recorded performance review just before I tell them cos I'm sure they are happy with me, so if they do then turn on me I can pretty much prove it's discrimination cos I'm pregnant? Like I said, dh is convinced I don't have a leg to stand on and they can do what they like with me on my probation period....

Anyone have any idea where I stand legally on this?

 

[Kayelle]

Hun I don't think they can sack you for being pregnant, probation or not its illeagal. They might decide to not continue your job after probation but you have rights x

 

[Olive]

Hi hun,

I'm quoting ACAS here but...

Employees who are dismissed and have completed at least one year's continuous employment are entitled to receive, on request (orally or in writing), a written statement of reasons for dismissal within 14 days. An employee dismissed during:

• her pregnancy or her ordinary or additional maternity leave
• his or her ordinary or additional adoption leave

is entitled to a written statement of the reasons regardless of length of service and regardless of whether or not the request was made.

 

[CarlyD]

That's brilliant, I couldn't seem to find a definite answer anywhere!

It's a pretty big company I work for so I'm hoping for that reason they will be careful with me and have proper procedures won't just think 'sack sack sack' Who knows though!

Thanks again, that's put my mind at rest a little xxx

 

[lesleyann23]

They could just say your performance wasn't up to standards it would be easy for them to get away with.

 

[hugsy]

I had this problem so i emailed the employment tribunal for advise before I told my boss, They advised that they can not let me go due to being pregnant and if they did advised me to contact them straight away, Luckily they kept me on I live in the Isle of Man and some of thos type of rules differ so I would advise contacting the relevant dept for advise prior to telling them just to cover your self and have someone to go to should the worst happen, I think employers are very aware of the seriiousness of the issue these days so being a large company I would say your fine, Unless ya make a major feck up work wise LOL

 

[positivity :)]

it wouldn't be easy at all for them to get away with it. sex discrimination laws cover you from the moment you apply for a job let alone once ur in it! like you say, get a record of how you are doing, even if just by email and then tell them. if they do sack you, straight to court, trust me i've studied employment law, they wouldn't get away with it hun xx

 

[Olive]

They could just say your performance wasn't up to standards it would be easy for them to get away with.

Would possibly be in their interests to have a performance plan in place in that case though so that they could demonstrate that any poor performance was discussed and a reasonable timescale was given to improve it, as someone who is pregnant could argue unfair dismissal? Idk. Hopefully it won't come to that for you.

 

[Sleepy sue]

Hi the only time you can claim unfair dismissal in probationary period is if you have been discriminated against.

What has your feedback been like in 1-1 sessions with line manager?

If nothing negative has been mentioned they would be setting themselves up for a tribunal!!

Unfortunately I am about to dismiss someone who has just told us she is pregnant but this is due to absence levels that are prior to pregnancy!!

 

[Bintbt]

Hi all,

Am after a bit of advice, just found out I'm 9 weeks pregnant. Had a few complications previously so wasn't expecting to be pregnant - but pleasantly surprised!

I started my job in September and am on a 6 month probation period.

I'm yet to tell my boss - but would like to know my rights.

Any advice would be gratefully received.

Thanks!!

 

[NinjaKitty]

FYI the ladies who are on probabtion. You don't have to tell your employer about the pregnancy until 15 weeks before your expected due date. So thats means you have to tell them and give them your mat b1 form at this time. Just thought it might make a difference in that you can get a few more weeks of work under your belt and maybe get positive appraisals which will strengthen your position.