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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

I've been 'let go'

108 replies

FuckMyUterus · 07/08/2018 15:53

Please don't flame me for posting in AIBU, but I need responses fast.
Been with my current employer 3 months, had no end of troubles from the very beginning, and these have only magnified since I've told them I'm pregnant, and now they 'can't afford to keep me' I need to know quick answers to 2 questions.

  1. is there any way I'm not entitled to a notice period?
  2. is there any circumstances under which they don't have to pay me for said notice period? Please help, I've Googled and its just stressing me out.
OP posts:
Pengggwn · 07/08/2018 15:56

According to gov.uk:

*Notice period
You must be given at least the notice stated in your contract or the statutory minimum notice period, whichever is longer.

There are some situations where you can be dismissed immediately - eg for violence.*

Original poster
FuckMyUterus · 07/08/2018 15:57

I read that, so I'm taking it that it's just gross misconduct that negates the notice period?

OP posts:
Quartz2208 · 07/08/2018 15:57

are you on probabtion

Pengggwn · 07/08/2018 15:57

To the best of my understanding, yes.

fanfan18 · 07/08/2018 15:58

If you were on probation for those 3 months they can ask you to leave immediately at any time.

DayManChampionOfTheSun · 07/08/2018 15:58

Do you have a contract or were you on a probation period?

fanfan18 · 07/08/2018 15:59

The notice period would be very short after only being there 3 months, even if there is one.

strawberrypenguin · 07/08/2018 15:59

Under 2 years you actually have very few rights. Are you still in your probation period? Private sector i'm assuming?

Elderflower78 · 07/08/2018 15:59

I'm so sorry op that's awful.
The same happened to me but I was a nieve pregnant teenager at the time so I took it on the chin.
I would phone citezins advice and ask for their help and maybe visit a no win no fee lawyer in your area.
This must be a horrendously stressful time for you. Make sure you get any benefits you are entitled to at the moment and fight them all the way.

YogiBear13 · 07/08/2018 15:59

If you're on probation there might be a shorter notice period (or none at all) but I can't think of any scenario where you wouldn't be paid for a notice period. You should be paid for any days you work.

Pengggwn · 07/08/2018 16:00

fanfan18

Only if that is in the contract, as far as I understand it.

OP, what does your contract say?

frecklesMaybe · 07/08/2018 16:00

It's likely you were on probation with zero notice period.

ToadsforJustice · 07/08/2018 16:01

What does your contract say?

glintandglide · 07/08/2018 16:01

You poor thing. I would tell them that you’re going to speak to a lawyer then start the process of employment tribunal. Whilst you have very few rights, they won’t want to go to one and will hopefully agree to a compromise/ paying you notice

I really feel for you, it’s everyones worst nightmare

Namechangeforthiscancershit · 07/08/2018 16:02

All depends what your contract says, but generally probation period means virtually no notice

Pengggwn · 07/08/2018 16:02

According to ACAS:

Employees - including those on a probationary period - are entitled to statutory notice of one week if they've been in continuous employment for one month up to two years. After that, it's two weeks' notice rising to a maximum of twelve weeks for each further complete year of continuous employment.

BlueEyedPersephone · 07/08/2018 16:03

Whilst they can do what they want in the probation period they still have to give a reason, if that reason is you are pregnant then that is discrimination, they only owe you your notice period usually a week in probation but if the reason is discrimination and you have proof I would talk to an employment lawyer.

Pengggwn · 07/08/2018 16:04

Also, OP, dismissal for the reason of your pregnancy is ILLEGAL. It doesn't matter how long you have worked there.

Have they said they can't afford it because you are pregnant? Are you the only employee being let go? What was the timing between telling them about the pregnancy and your dismissal?

I might be tempted to speak to a solicitor anyway.

Quartz2208 · 07/08/2018 16:05

If you are on probation then it is very easy to dismiss (the probation period is designed to allow employers to get rid of employees that are not working)

Everything tends to kick in once probation is past

AnnieOH1 · 07/08/2018 16:06

@BlueEyedPersephone - no they don't, the employer is not required to give any reason up till 2 years employment.

However OP may at least want to explore whether they could argue it on grounds of them only being dismissed due to pregnancy. Unfortunately I doubt from what they've said (difficulties since the start) that they would get very far.

Doyoumind · 07/08/2018 16:06

Do you have it in writing that they can't afford to keep you? If not, you need it. Getting rid of you because you're pregnant is discrimination and it doesn't matter if you've only been there for a few months. You would still have a case.

BakedBeans47 · 07/08/2018 16:06

Jesus wept some real shit advice here. Why people post on employment law when they plainly don’t have a clue is beyond me.

OP, this is the position. If you have more than one month’s service you will be entitled to at least one week’s notice, maybe more if you have a contract entitling you to more. The only circumstances where you usually wouldn’t get paid notice would be gross misconduct or for example not having the right to work in the UK. Neither of these examples seem like they apply especially given the reason they gave you so you should be entitled to notice and also payment for accrued but untaken holiday.

It may also be worth taking some advice as to whether you could have a claim for discrimination on the grounds of pregnancy/maternity.

BakedBeans47 · 07/08/2018 16:06

Jesus wept some real shit advice here. Why people post on employment law when they plainly don’t have a clue is beyond me.

OP, this is the position. If you have more than one month’s service you will be entitled to at least one week’s notice, maybe more if you have a contract entitling you to more. The only circumstances where you usually wouldn’t get paid notice would be gross misconduct or for example not having the right to work in the UK. Neither of these examples seem like they apply especially given the reason they gave you so you should be entitled to notice and also payment for accrued but untaken holiday.

It may also be worth taking some advice as to whether you could have a claim for discrimination on the grounds of pregnancy/maternity.

glintandglide · 07/08/2018 16:07

I think she would get pretty far actually. I don’t think there is much chance they’ll pay out to defend a tribunal rather than pay her a notice period. They’ll probably cave pretty quickly when they see she’s serious.

BakedBeans47 · 07/08/2018 16:07

Do you have it in writing that they can't afford to keep you? If not, you need it.

This too. If you are pregnant you’re entitled to written reasons for dismissal.

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