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Can they sack me?

(21 Posts)
Wildflower91 Sat 06-Jun-15 06:28:19

Ok I started a job 3 weeks ago, which I absolutely love. I'm temporary from an agency, however my boss says that due to budget issues she can't make me permanent and an employee of the company for another 6 months from now, but that she thinks in getting on great and I definitely have a future there (nothing in writing this is all verbal) . I found out I'm 5 weeks pregnant there last Monday, and I haven't told work because im afraid they will let me go now sad what's the legal stance on this?

PotteringAlong Sat 06-Jun-15 06:35:27

If you're temporary they're not sacking you, they're just not renewing your contract and they are perfectly entitled to do that.

Wildflower91 Sat 06-Jun-15 06:37:10

:-(

lunar1 Sat 06-Jun-15 06:39:21

How long is your contract for?

NoArmaniNoPunani Sat 06-Jun-15 06:40:40

You don't need to tell them until around 20 weeks.

InAndOfMyself Sat 06-Jun-15 06:47:10

It all depends on circumstances. I was on a fixed term contract that I was told wouldn't be renewed after they found out I was pregnant. They then posted my position. Since there were no concerns with my work I argued they weren't renewing me based on gender and received a settlement from them.

GahBuggerit Sat 06-Jun-15 06:52:02

they cant terminate your contract because you are pregnant. But id bet as soon as bump starts showing and youve NOT told them suddenly there was no longer a need for your temp
assignment. IMO you should follow up your conversation with an informal breezy email saying something like you just wanted to say how pleased you were with conversation on x date and youd be thrilled to be kept on permanent in 6 months time as discussed etc etc.

Then tell them the day after or asap. Will make it much harder to just terminate as they would have to prove its not just because of the pg. hard for them to do if they have pratically admittdd they do need yhe role long term.

good luvk

PositiveAttitude Sat 06-Jun-15 07:26:28

I am sorry, but you have only been in the job 3 weeks and as a temp, I feel it is unfair on your employer to expect them to keep a job for you in this situation, unless it is a large company. If it's a small business the impact of someone on mat leave can be huge.

contractor6 Sat 06-Jun-15 07:33:21

I think it depends on person employing you. Legally they don't have to keep you on, my contract wasn't initially renewed after I told them of pregnancy, Then someone else found out I was leaving and I was kept on (complicated) however the person who initially was getting rid of me, pretty much admitted it was due to my pregnancy, I can fight this but in hormonal state I wont, just raised it with a manager as a concern.

Wildflower91 Sat 06-Jun-15 07:35:35

Thanks ladies, it's a huge company and my boss has young kids so hoping she will be understanding

BeaufortBelle Sat 06-Jun-15 07:37:06

You won't be entitled to stat mat unless you have 26 weeks' service 15weeks before the date of confinement. It's unlikely your dates will stack anyway. You'll be entitled to maternity allowance via the job centre.

Without two years service you have no employment rights. You would have to have a provable case of sex discrimination for any claim to have legs.

Why would you even think of telling an employer at this stage? How about telling them at 13/14'weeks, being entirely honest and hoping they keep you on - I don't think you will cost them anything but you could go to the job centre to check out maternity allowance and reassure them about that.

Wildflower91 Sat 06-Jun-15 07:46:40

I'm thinking of telling them at this stage because I've been quite ill, constantly taking an hour here and there to nip over to hospital and there's at least 10 mins each day spent in the bathroom throwing up, so I don't want them to feel like I'm taking the piss :-/

Temporaryanonymity Sat 06-Jun-15 07:50:13

Continuous service is irrelevant to claims for unfair dismissal for reasons relating to pregnancy.

Who is your employer? The agency or the place where you work?

GahBuggerit Sat 06-Jun-15 08:01:19

bad advice on here, 2 year rights apply to unfair dismissal etc. protection from sex discrimination is there from day 1.

op you tell them asap then your protected rights starts from then. leave it and they suss out or bump shows they can get rid and can say as they didnt know of your pg it had nothing to do with it. tell them and it makes it harder for them to do the dirty.

Wildflower91 Sat 06-Jun-15 08:15:02

I totally agree gah thanks

Temporaryanonymity Sat 06-Jun-15 08:19:53

Who is your employer? There is a reason for asking...

GahBuggerit Sat 06-Jun-15 08:30:22

it would be the agency paying ma or smp, not the client, as the agency is the employer

Temporaryanonymity Sat 06-Jun-15 08:32:30

Yes, and I wanted to ask the OP to clarify that and how long and how frequently she has worked for the agency.

GahBuggerit Sat 06-Jun-15 08:32:54

sorry ma would be direct from hmrc, not had enough coffee yet

BeaufortBelle Sat 06-Jun-15 08:35:44

I did say the OP would need a provable case of sex discrimination in order to take any action. I should have been clearer that that can happen before the two year period - as indeed can any claim relating to protected characteristic - pregnancy falls under sex discrimination. It would be very hard to prove though and cause acrimony. I would have thought it would be better to be entirely honest, especially as the OP probably isn't entitled to statutory maternity pay but may be entitled to receive maternity allowance via the job centre. This is because she won't have sufficient service with the company but might if she had service with the temp agency prior to the start of this contract and there was less than an eight day break between jobs.

The OP is presently employed by the temporary agency so her contractual obligations are with them in any event at the present time. if she transfers now from the agency to the company's payroll she definitely won't have sufficient service for statutory maternity leave. If the company know that they are more likely to take her on I'd have thought because it won't cost them anything when she is not there unless their contract of employment provides a greater benefit than statutory maternity pay without stating a qualifying period. The OP might, however, be eligible for stat mat via the temporary agency and any claim at the present time would be against them. If she is still working for the company after 12 weeks then her benefits should be the same as those contractually offered to substantive staff.

Lunastarfish Sat 06-Jun-15 10:39:05

At the moment you are not employed by the company you are working for so there would be no dismissal as such.
You may be employed by your agency or you may not (you'll need to look at your contact with them).
If your contact is not renewed because you are pregnant then that is unlawful. This can though be difficult to prove. You want to try and get positive feed back in writing such as via email/appraisal in case your role is terminated once you inform them you are pregnant as this could be useful evidence for any subsequent claim.

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