i REALLY need to talk to someone, 28 weeks and just been sacked

[jellybean86]

Hi all, bit of a long one but need to speak to someone.

Im nearly 28 weeks with my first. The last week i havent felt 'right'. Ive had a really tight chest (right side) and since yest been having pains. So went to the doctor today who found my blood pressure was high, and after asking about loads of symptons sent me to L&D to get checked out as i was also seeing lights when my eyes were closed, as well as feeling like im going to pass out and keep going hot and cold.
Obviously i was very worried as i only went to docs thinking i had a chest infection or something.

My doctor told me i shouldnt go to work as who knew what time i would be at the hosp till and what would happen. This was at 11.30 so i rang my boss as i was due in at 2. Im a nanny looking after 3 girls afterschool. I felt very bad about not being able to go in and i could tell she was pissy.

After having an ECG and all other checks the hospital think i pulled a muscle in my chest. They were not concerned about BP etc and i have no protein in my urine.

I spoke to my boss when i got back from the hosp once again apoliguising and saying i has symptoms of Pre eclampsia and that i would be in tomorow 8am-7pm, but would need to take it easy and rest as much as poss ( as advised) meaning i wouldnt be able to do all the cleaning wahsing ironing etc like i always do.

She basically said i cant keep letting her down and that it makes her look unprofesional blah blah she needs the money and said this wasnt working out. (she is a private tutor)

Only once before have i rang in saying i couldnt make it, wen a close family member died and i need to be with my family. And i always work extra wen she needs me.

So i texted her sayin i would come in tomoro as usual to talk in person.

I havent told my bf as he wil go MENTAL.

But i am panicing, my heart is racing and im othe verge of tears.

What do i do? Im due in Feb and me and my bf were planning to rent our own house soon before baby is here.

How on earth can we survive on his wage. He brings home £1100 a month, and is tied into car finance (£250) Which leaves £850 to rent iin Bath, run cars, bills etc.

Someone please reasure me. Its so unfair. My boss has made it like im always leaving her in the lurch.

[saltyseadog]

Really sorry to hear this jellybean

I would post this in the nanny/ childminders section too. I would have thought that she cannot just fire you, she would need to give you a written warning first (but it will depend on what is in her contract with you).

In the meantime big un-MN like hugs.

[ruddynorah]

she can't just sack you like that for pregnancy related illness.

[daniwalkes]

Hi, i really feel for you, thats a horrible thing to happen at a time like this and really hearless of your employer!
Im sure you have some rights becuase i know there is some kind of law against sacking someone when they're pregnant!!!!
Also i've just realised your the same age as me and i also live in Bath, how odd!

Please try not to worry though, are you going in to see her tomorrow? if you are try and find out your rights before you go in so you know exactly what your talking about.
also speak to your guy, im sure he'll understand!x

[madmissy]

thats awful! do you have a written contract?

[ilovesprouts]

bump

[jellybean86]

Yeah im going to see her tomorow. Im going in at 8 am as usual.

I do have a written contract but no idea where it is.

Im panicing so much, plus feeling ill.

WHat do i say to her when i go in?

yay dani, finally someone else in bath!

[daniwalkes]

you need to find your contract. was she going to pay you maternity leave there is a law about this but not sure of the inns and outs of it. go onto the directgov website and it should tell you. it's definatley wrong to sack someone for a pregnancy related illness.
look it all up before you go and see her though so you know your rights!
out of curiosity which school did you go to?

[madmissy]

thats good you have a written contract. hope someone in the know comes along asap to advise you!

[jellybean86]

Im from Chippenham oringinally and only moved to bath in Apr to live with my bloke.
Ill have a hunt for my contract.Thanks x

[jellybean86]

and yeah she was going to pay maternity leave. i had already planned to leave at 38 and return in sep 2010 and i was going to take baby to work with me (she suggested this) i dont have my contract here, it must be a my parents house 15 miles away.

I feel physically sick

[saltyseadog]

jelly - can you phone your parents and ask them to check the contract for you?

I really do think the law is going to be on your side though.

[Claire149]

Hi there
I think it'd be a good idea to post this on the Employment Issues board. I think your employer could be in BIG trouble if she sacks you for being ill with a pg-related illness but if you post on that board I'm sure someone who works in HR would be able to help you.
Good luck

[MumNWLondon]

How long have you been there? If its less than a year your rights are more limited.

She can't dismiss you without warning unless you commited an act of gross misconduct.

Even if she has to say give you a months notice she can't dismiss you without written warning, and even then she can't dismiss you whilst pregnant for any reason connected to your pregnancy.

She can make you redundant (eg if she stops working and has no need for a nanny anymore) but then she can't employ another nanny!

The following link is very useful:

www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026692

I would just say to her tomorrow that you imagine her comments yesterday were in the heat of the moment and that she didn't really mean it. If she said she did mean it then you can say that you want to work until you have the baby and does she realise that if you dismiss someone for attending antenatal care its automatically unfair dismissal? Tell her your work today and that she should take legal advice before she says anything else.

[jellybean86]

i have been there since May, and shortly fell pregnant afterwards. i always thought she was a pyscho, now i no she is!

how would i cope financially if she did sack me/ i left

arghh i dont need this stress!

[Chorltonite]

Terrible to hear you've been treated like this.

You are protected by law from being dismissed because of your pregnancy (or for matters related to it, such as pregnancy related illness). You have this right from day one of your employment. If you need advice you could phone the Equality and Human Rights Commission Helpline on England 0845 604 6610 Scotland 0845 604 5510 Wales 0845 604 8810

[jellybean86]

thankyou everyone

[MumNWLondon]

Yes Chorltonite is right - I just meant that she could more easily dismiss you for another reason (eg you didn't get on with her kids) if it was in the first year. But the comments at the bottom of my paragraph above still apply even with less than a year.

[bigpreggybelly]

Probably too late to comment now, but if she sacked you, you would have a good case to go to an employment tribunal. You can't be sacked for pregnancy related illnesses.

[emsyj]

CAN I CORRECT MUMNWLONDON THIS IS NOT CORRECT!!!!! You do NOT need the year's continuous service to claim unfair dismissal if you are sacked for a pregnancy-related reason. This falls within the limited 'automatically unfair' reasons for which you do NOT require continuity of employment. It is direct sex discrimination.

You need to attend your local law centre or Citizen's Advice Bureau. They will be able to give you free, confidential legal advice and advise you on your rights. PLEASE do not take advice from an internet forum - it is so often totally wrong, as demonstrated above. You need to speak face to face with someone who is an expert in employment law issues. I am a lawyer, but I do pensions mostly so my knowledge is relatively limited as I don't often stray into employment (although do have to from time to time given the link between employment and pensions).

Go and see someone AS SOON AS POSSIBLE. Time limits for making employment tribuanl claims are very short and strictly adhered to.

[MillyMollyMoo]

How long have you been employed by her because it does make a massive difference, it's all very well people saying take her to a tribunal but there is no legal aid for employment related cases and even if you win the awards are often pitance.

I got £3k, basically my commision they owed me by putting together a compromise agreement, which cost me £100 at the local solicitors

You will get £100 a week in maternity allowence from the government if the worse happens but fingers crossed you can sort something out.

[emsyj]

No, there is no legal aid but some firms will act on a contingency fee basis and also the CAB and law centres will give free advice. There is no cost to put your claim in (as there is for the civil courts) so the only cost to you is time really. Also CHECK YOUR HOME INSURANCE POLICY as an awful lot of them WILL cover employment tribunal claims - not many people realise this, but it's pretty common for them to do so, so check the wording of it carefully and call up your insurer if you're not sure.

It doesn't make any difference how long you have been employed - awards for discrimination are not calculated in the same way as awards for unfair dismissal e.g. where the employer has failed to follow procedure, which can often be low. I can't guess how much you might get at tribunal if you did make a claim and were successful, but I do think you need to take some proper face to face advice so that you can make an informed decision about what to do next.

[MillyMollyMoo]

I'm sure as a solicitor you won't like this, but seriously who wins by her going to a tribunal ?
This isn't Tesco's she's taking on, even if she wins getting the money out of her would be an entirely different matter, does the OP want a pound a week compensation or her job/reference ?

[joanne34]

Does that mean you are 'self employed' ?

I think you need to find out your rights, Im not sure on this... but you really need to get some professional advice before you do anything ! Even a trip to the CAB should help.

Dont panic, just get all the correct facts and advice

[emsyj]

I think actually that I have suggested she takes advice, I haven't expressly said she should go to a tribunal. I am not in a position to advise whether she should or not, given that I am not an employment specialist and the information given here would not be sufficient to assess whether there is a claim. I certainly do think, though, that it is valid and correct advice that she should speak to someone face to face who can tell her what her rights are so that she can make her OWN decision about what is the right thing for her.

[MillyMollyMoo]

Well my advice is to calmly sort it out with your employer, as somebody who has been down the legal route, having been sacked because I was pregnant I can remember it being stressful, which you don't need and unless this woman puts in writing to you that she is sacking you because of pregnancy related illness, damned near impossible to prove or get anywhere with.
My friend is a solicitor who won the £3k for me did so by compromising not going in all guns blazing.
And then I actually only got what was owed to me, certainly nothing more and would have rather kept my job because you try explaining that you sued your previous employer at an interview, doesn't go down well, I've had to leave it off my CV.