Help Please ! Pregnancy

[monthlylocal]

Hi Guys,

My partner has been employed for around 6 months (3 months as a temp)in a childcare position. We found out this week that she is 3 weeks pregnant.

How easy is it for a company to get rid of a pregnant woman within the first 12 months of employment? I know ordinarily it's quite easy to dismiss someone within the first 12 months, but does the pregnancy change this?

They may be fine about it as my partner is a good worker, but I just fear they may try and find a way to get rid of her somehow.

Any advice?

Mant thanks

 

[Lawy3r]

I don't think you should be worrying too much about this just yet. Unfortunately, in the current economic climate we are seeing an increase in cases which centre upon unfair dismissal, discrimination, etc. It's very easy for employers to make their staff redundant, blame it on the economy and then miraculously three or four weeks later employ somebody more desirable to fill up the job vacancies.

If this were to happen then it's a pretty clear case of unfair dismissal - you go to a solicitor, on a conditional fee basis if possible and then if necessary you take the case to an employment tribunal. It's also discrimination if your partner is given reduced working hours against her own wishes and the advise of a doctor, is denied promotion, a transfer and training opportunities, etc. The courts are pretty clued up about this sort of thing but it probably wouldn't get to this stage anyway. And congratulations.

 

[monthlylocal]

Thanks, am just concerned as they are a funny company. SHe already has to book her holidays 6 months in advance, and they are unwilling to let her leave 30 mins early next week to see the doctor etc.

 

[Lawy3r]

they are unwilling to let her leave 30 mins early next week to see the doctor etc.

That, unfortunately, is their prerogative. I'd like to think they would know better than to treat her differently on the basis of her pregnancy but like I said, if that does happen there are plenty of legal remedies.

 

[Lime One]

Under employment law your wife has rights to "on the advice of a registered medical practitioner, registered midwife or registered health visitor, made an appointment to attend at any place" for ante-natal care is entitled "not to be unreasonably refused" time off during her working hours to keep the appointments (ERA 1996 s.55(1)). She is also entitled to pay during this time. If she needs further advice if things are not being done lawfully we provide a fast service for personal employment law issues here:
http://www.lawhound.co.uk/employment-law

 

[yorkshirejames]

That, unfortunately, is their prerogative. I'd like to think they would know better than to treat her differently on the basis of her pregnancy but like I said, if that does happen there are plenty of legal remedies.

It bloody isn't! When pregnant she has the right to time off (at any point of the day) for medical appointments.

It is in your wifes interests to tell them about the pregnancy NOW. If they knew about it, then if they do sack her she can claim pregnancy-related discrimination - if they don't know then she can't.

 

[heidi]

I assume that at only 3 weeks pregnant she will not have told her employer about being pregnant and won't do for a while, so I'd say they are within their rights to not allow her to leave early for an appointment as they don't realise it is pregnancy related.

TBH, I'd say you're probably worrying over nothing at the moment, as there is no reason to suspect they will get rid of her when they find out about the pregnancy, as you say she does a good job.