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.

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

Since that isn't why she has been let go, what is your point?

It sounds like she's being let go because of her poor sales and not because of pregnancy.

If you have no contract the default one week notice period would apply, and you would be entitled to be paid for that.

I note your comments about not having the appetite to take matters further: that is of course your decision. Just to note that your chances of success on a pregnancy discrimination claim would obv depend on whether their cost excuse is true (ie whether the reason for dismissal has nothing to do with your pregnancy). If you suspect it’s not true it prob is discrimination and you could as pp mentions get substantial damages in principle. An email to HR or management explaining why you consider it is discrimination is usually worth it even if you don’t bring a claim as it may elicit more compensation. Totally understand though if you don’t have the energy for it

theressomethingaboutmarie no notice period was ever discussed, in fact, excuse my rudeness but the entire place is run like a shit show. I attached a picture of the offending email, so they're definitely not admitting it's because I'm pregnant, but you know when you 'just know'?

Okay so you were hired to sell and it sounds like you didn't sell enough. So it has nothing to do with you being pregnant.

oysterbabe yes, that's their excuse, although since I have managed to earn them double what they were earning before, I'm not entirely sure what they were after.

Just reading what they've put in the email, are they essentially saying that you were brought on as a salesperson and have been totally unsuccessful? As such I'd say probably reasonable for them to get rid (pregnancy aside). However if you can prove that your sales were adequate then you'd definitely I feel have more scope to argue that they've let you go because of the pregnancy.

From OP's other posts, it appears she is not actually an employee proper at all, but a contractor working for several similar businesses?

How did you sales compare with everyone else's who aren't pregnant?

There is a lot of rubbish written on this thread I'm afraid and I can't find time to go through each comment to debunk it - though, of course, some are correct.

OP - if this came swiftly after you told them you are pregnant, then bring a case. Maternity dismissal is automatically unfair and there is no two years waiting period.

Go to CAB, or a free representation unit, they will help you prepare an ET1 online (or, just do the ET1, they are not hard) and send the tribunal claim form. Chances are, they will settle anyway (ACAS will step in and negotiate for you).

www.gov.uk/government/publications/make-a-claim-to-an-employment-tribunal-form-et1

They have to prove they did NOT do it for this reason, you do not have to prove they DID.

Also - there is a statutory right to employment particulars after 8 weeks and it sounds as if you have not got that. This claim cannot be brought on its own to a tribunal but can be brought in what is known as a 'piggy back claim', so when you put the maternity dismissal claim in, add that - it's a statutory award and as it's a matter of fact there is nothing to prove, you don't have it, they can't show you do (because you don't) so if nothing else you will get that awarded. This is between two and four weeks pay.

uk.practicallaw.thomsonreuters.com/4-200-2038?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

re notice - you are entitled to one week paid notice and pay for accrued unused holiday entitlement.

I would say sales is brutal but this is too soon for pipeline to come through plus the fact it's when you've told them you are pregnant - it's clearly unfair dismissal (without the time bar).

koolaidpickle not at all, this was my main job, however as I have quite a name for myself within the industry, I do promo work on the side. If you're referring to my last post about work, the company in question would be company C.
No one else was on sales. They were earning around 450 a month before I joined. I have hit a minimum of 1300 a month sales each month-last month was 2.5grand.

Are they correct about the sales OP?

If you've managed to raise revenues significantly (and can therefore show they're lying about the sales not being there) then you could very well have a claim for pregnancy discrimination. Please call ACAS/a solicitor.

Didn't you have issues with them insisting you sign a contract for less hours than you wanted? What happened to that contract?

Despite the tone of this post, I don't wish the company any harm, they're only a small company and I don't wish to claim anything that could put them under or other people's jobs at risk. I just want what I'm owed for what I've worked.
So, my accrued holidays, my paid time off for ante natal appointments and my weeks notice.

koolaidpickle yes, i told them I wouldn't sign it and they never bought it up again.

I don’t know why people always recommend ACAS here. They’re not really going to be able to do anything, and they’re not usually very good

glint I think they mean well, people are trying to help :)

£1,300 a month can’t cover your salary can it unless you are in an industry with super high margins and you are massively underpaid.

What was your target?

If

1. the extra revenue was attained, and is documented as attributable to you doing exactly what you were hired to do and
2. You were told your pregnancy was a factor

You should probably seek legal advice as you may be able to take action.

FuckMyUterus, if this is a small company (and I know that's a relative term) then its a long-shot that you'll ever get anything out of this because statistically less than 1 in 10 pounds are ever recovered from small firm claims. Sorry, I agree that its unfair, but its the nature of it. Plus I mentioned the reputation impact earlier on. If its a small industry where you have a good reputation for delivering results then the cost of tarnishing that may outweigh whatever the final recovery is. Many posters have provided legal references etc which is fine, but the real world is a much more unforgiving place with difficult decisions. Good luck with whatever you decide to pursue!

Their reasoning seems quote clear to me? You weren't producing the sales they expected. I don't know the ins and outa of what you are entitled to, but dismissing you for poor performance doesn't seem unfair to me.

I was part time and on minimum wage. The service they were charging for was massively over priced compared to competitors, so I did struggle with the sales I got, I discussed it several times with them, and each time they acknowledged that their price was too high, however they couldn't afford to lower it. Either way, that's not really the point as I'm not planning to sue, it was never my intention, I just want to be able to check my final wages and know what I'm talking about if they've missed anything off.

That's 100% right @glintandglide lots of peoples knowledge on ACAS comes from high profile cases they read in the press. It not a magic bullet in this scenario unfortunately.

Have no idea why people are focusing on why I was dismissed, that isn't what I asked, I know that 'technically' an unfair dismissal case is provable and probably winnable, but I have no intention of pursuing it.