I've been 'let go'

[FuckMyUterus]

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.

Is the reason they can’t afford you because you’re pregnant? If it’s not because you haven’t passed probation for performance reasons then you need to seek advice ASAP because I don’t think they’re allowed to get rid of you, let alone with no notice.

Yeah notice period is one week in probation at our place.

BakedBeans I don’t think anyone is disputing that she’ll get a week’s pay, but that really isn’t going to help her much compared to getting whatever her contract gives her after the probation period. Mine would be the difference between 1 week and 6 months so I stand by “virtually no notice”

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

Unless the employee is pregnant or on maternity or adoption leave.

I didn’t mean you namechange but there are posts telling her she won’t be entitled to any notice and she isn’t entitled to reasons for her dismissal. Both of which are incorrect.

Pregnancy is an automatically unfair reason for dismissal. Normally you need 2 years continuous service to claim for unfair dismissal but where the employee is pregnant is one of the exceptions. I'd second the advice of citizens advice and notify the Advisory, Conciliation and arbitration service (ACAS) if you intend to claim against employer. I think the difficulty will be proving they did it because of the pregnancy.

If she's had no end of troubles since the start then I'm guessing they'd win a tribunal. It doesn't exactly sound like she's been a raging success. You're on probation - that's why they call it the probationary period, so they can let you go if it doesn't work out and vice versa.

If they have dismissed you because you are pregnant, it is automatically unfair dismissal (even with under 2 years service).

Make sure you have documented exactly what has happened and then get legal advice and contact ACAS.

You have no idea whether they’d win a tribunal Nike. We have no idea what they’ve documented or spoke to op about.

Regardless, they’d be crazy to pay out to defend a tribunal rather than pay OP a months notice and their solicitors will tell them the same. OP just needs to use it as a threat/ bargaining tool.

*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*

This is completely incorrect. The probationary period has no basis at all in employment law.

@Nikephorous it depends what those troubles were. Even if the employer was diligent in writing them down and doing everything by the book, they may still decide to pay out if the OP makes a fuss about discrimination because it's cheaper for SMEs to do so. Larger organisations particularly government ones will just fight it until they realise they can't win.

You've had various legal options listed in the responses which are all useful that you can explore, but can I give you different aspect; pragmatism. While you may/may not be able to sue for a week or two of wages, but the stress and/or cost will be significant. Even if you win, it might not be possible (depending on the financials of the employer) to pursue the debt. There could be reputational ramifications if you're in a smaller town with limited employment opps. You were only there for 3 months so sometimes the best course with something like this is to put it behind you and move on. I know this won't be a popular view-point, but like I said originally, its probably a pragmatic one. If you want to do something maybe speak with the CAB and get them to send a letter threatening to sue for the notice period ... the employer may settle and send you a check. If they don't though, put it down to lessons learned and move on.

What reason have they given?

Also, you would be entitled to at least 1 weeks notice (or one weeks pay in lieu of notice (PILON))

Thank you for the replies. To answer the questions I've read

1. I have no contract (other than an implied one)
2. not on probation, no.
3. the reason for letting me go is not that I'm pregnant (at least not that they'll admit) it's that they can't afford to keep me on.
4. I really don't want to speak to a solicitor, I'm emotionally exhausted from dealing with their bullshit over the last week, it's making me ill, tbh I'm quite glad they've let me go, I'm just trying to work out what I'm entitled to.

Are you the lady who posted about hating her new job the other day because it was nothing like you were expecting? If it was I doubt you would win a tribunal because you admitted there has been problems since day one but I hope stuff starts to pick up for you.

@tautri Often I'd agree with you, but this sounds like blatant discrimination of the worst kind. Compensation could potentially be sizeable. The OP has nothing at all to loose by logging it with ACAS and starting the claim process. Even if the business is small ET's (employment tribunals) take a very dim view of this sort of behaviour.

Ring the ACAS helpline. If the reason for letting you go is anything to do with your pregnancy then it's unlawful. Proof is difficult but if things got worse once you told them you were pregnant that might be sufficient.

OP unfortunately in situations like this only a solicitor or citizens advice/a legal centre, who are both over run, can clearly tell you what you may be entitled to.

I would see how you feel in a week's time and then decide then whether to chase it up. Though if you want to go on the dole being sacked means you can't immediately even though you have to start your claim.

This is the reasons given. I challenged them on the fact that I have no probation period in the next email, and in their reply they acknowledged that and said basically 'we know but we still can't afford to keep you'.

You should also have received a statement of terms and conditions within 8 weeks of starting work.

FuckMyUterus Phone ACAS. Its illegal to let someone go because they are pregnant.

The Acas helpline number is 0300 123 1100
Monday 8am-8pm, Tuesday 8am-6pm, Wednesday to Thursday 8am-8pm, Friday 8am-6pm and Saturday 9am-1pm.

www.acas.org.uk/index.aspx?articleid=2042

@Mia1415, agreed, it is definitely repulsive conduct by the employer. But typically the type of entity that would not have controls to prevent this sort of abuse is likely to be beyond the reach of most tribunals. Now if this is a mid-sized to large company, that is definitely a different matter and this should be prosecuted to the fullest extent.

we had an issue to do with dh being contract worker & informing them he was going to have operation - so I - on husbands behalf went to solicitor - it was a one off he was lovely not stressful at all - go to the law society website & you can do a local search for solicitor who has expertise in employment law & does pro bono (half hour free). He gave me rough letter to type which I did (told dh sign here! I am bossy cow I am bossy cow!) he took into work they backtracked & paid him sickness benefit - thank goodness. BUT better than that several others they decided to do the same with were able to claim extra weeks money (one of the team leaders came up to thank dh for doing this as he was worried about other staff members!)

Hi there, HR Director here, info within your text:

Thank you for the replies. To answer the questions I've read

1. I have no contract (other than an implied one) A contract still exists: the fact is that your employer agreed to pay you in return for you providing services, that's your contract right there (always best to get it in writing of course). Was a notice period ever discussed?
2. not on probation, no. If you've been working there for at least a month, you're statutorily entitled to a weeks notice (or pay in lieu) or whatever notice was agreed upon.
3. the reason for letting me go is not that I'm pregnant (at least not that they'll admit) it's that they can't afford to keep me on. What did they say when letting you go? Just about not affording to keep you on, or not being able to afford to keep you on due to pregnancy?
4. I really don't want to speak to a solicitor, I'm emotionally exhausted from dealing with their bullshit over the last week, it's making me ill, tbh I'm quite glad they've let me go, I'm just trying to work out what I'm entitled to. You may be entitled to Maternity Allowance: www.gov.uk/maternity-allowance/eligibility