Hi rosieroo
I think it's good that you've been signed off, although worrying about being signed off is not good! How long have you been signed off for and what does it say on your doctors note? What was the reaction at work to this?
It's good news about about your old MD. Accruing holiday also demonstrates the continuity of your contract. Just a thought, since this guy seems sympathetic, how about speaking to him about your situation informally? I'd see if you could dig out that letter from when you rejoined. If it spells out the continuity situation that would be helpful.
Sounds to me because you are a small firm that you don't have much in the way of formal procedures. Do you have a staff handbook or any rules of any kind? I take it that there isn't a formal absence procedure?
Since October last year (Employment Act 2002), employers have to have written grievance procedure (and disciplinary procedure). You may find when you get a copy of your contract that the document is referred to in there (it should be!).
Dismissing anyone who is sick for a pregnancy related illness is extremely dodgy ground because you are effectively discriminating against them for being a woman (no man is going to be off sick with morning sickness for example!).
However, your situation is more complicated than that. Employers have a duty of care to their employees to provide a safe working environment. By behaving the way he is towards you, he is failing in that respect. You could have a stress claim, but at the moment they are notoriously difficult to win. It could also be indirect sex discrimination, as his attitude towards your pregnancy has caused you to be ill.
I know you are worried about money, but you may have to accept that there is no future for you at this company. Your boss is a complete a&$e, not to mention a sexist, arrogant pig with a disregard for the law and basic fairness and nothing will change that.
As top dog, he has control over everyone else and returning to work after maternity leave is going to be a hassle. Not to mention if you want to request flexible working e.g. part-time. Who needs that kind of crap every day? I know it feels like there is no-where else to go, but there are always other jobs out there, complete with employers who actually care about their staff.
You really need some specialist legal advice and quickly, more than I can possibly give you on here (sorry). Try ACAS again or the Equal Opportunities Commission (
www.eoc.org.uk). Their number is 0845 601 5901.
You are not alone by the way... stat from eoc website "Around 30,000 working women are sacked, made redundant or leave their jobs each year due to pregnancy discrimination. "
You could try Citizens Advice Bureau. Your other option is to find a solicitor who specialises in employment law and will take your case on a no win-no fee basis.
You have to put in a grievance at work first in order to be able to go to a tribunal and claim anything. It will be awful, but you can have a work colleague as a companion to support you and to take notes.
I don't want to sound as though I am fobbing you off, but if there is a likelihood that you will be off work for some considerable time, which it sounds as though there is, it complicates your situation. Your MD may think that it is worth taking the risk and dismissing you on that basis. I think it would be better to be prepared for that eventuality in advance.
I hope this helps, although I know it sounds a bit gloomy. Stop being upset, this man does not deserve that reaction from you. Get angry (in a limited, calm sorta way. I find Glenn Close a good role model for this
) get legal support and KICK HIS ASS!!!
P.S. don't forget to let us know how you get on and I am always here if you want to ask anything at all.