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Tic and new job pls help ??

(8 Posts)
mrsmamma Tue 23-Aug-11 21:15:36

If I get a new job n fall pregnant within the probation period what happens ?? Can they sack me? Anyone experienced this ??

havealittlefaithbaby Tue 23-Aug-11 21:24:29

I don't think they can sack you...although to be fair they can 'let you go' without giving reason in the first three months. The main issue is you wouldn't have much mat leave entitlement.

eurochick Tue 23-Aug-11 21:35:04

That's wrong faith. Actually regardless of the stated probation period, you cannot be dismissed unfairly in the first year of employment, so essentially they can let you go just because they want to. However, you can make a claim based on discrimination in less than a year. So an employer cannot legally dismiss you because you are pregnant at any time (but you would need to show that the dismissal was motivated by the pregnancy rather than e.g. because work levels had dropped off and they just didn't need you any more).

[Disclaimer: I am not an employment lawyer so please do not rely on this as legal advice.]

This is really good site for employment rights info:
www.adviceguide.org.uk/index/your_money/employment/dismissal.htm

hairylights Tue 23-Aug-11 21:36:04

You aren't protected against unfair dismissal until you've served a years service BUT sacking someone for being pregnant is classed as automatically unfair, so is an exception to that rule.

Proving that's why you were sacked is another kettle of fish.

havealittlefaithbaby Tue 23-Aug-11 22:15:11

Ah I thought they could dismiss you without giving a reason in the early days, I stand corrected. There was a thread within the last week about maternity entitlement with links to relevant websites which may be useful as well. If I can find it I will try to link it.

havealittlefaithbaby Tue 23-Aug-11 22:23:23

Found it, hope the link works!!

hairylights Tue 23-Aug-11 22:25:54

They can, havealittlefaith. in the first year. Unless the reason is one of the reasons classed as automatically unfair. Have a look at the DWP site.

eurochick Wed 24-Aug-11 11:15:23

Yes, sorry. I see my second sentence is confusing. It would be clearer to say that there is no protection against unfair dismissal in the first year of employment, not just the first few months, regardless of the stated probation period. So they can dismiss you without a reason in the first year and it won't be unfair dismissal. One of the exceptions to this rule is that dismissal for pregnancy is discriminatory and automatically unfair regardless of how long you have worked there.

Hopefully that is clearer than the gibberish I wrote last night!

Maternity pay is a whole other set of rules (which as you mention are set out on the other thread).

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