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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to think that I should have at least had a warning before I was sacked...for being pregnant

27 replies

sweetnessfollows · 07/08/2009 19:49

Today I had my "booking-in" appointment with my midwife. Midwife took my bloods and everything was fine, until I passed out and started to go into a fit-like state. I went to hospital and everything was fine, I'd just fainted, but my Mum had phoned in work for me saying I'd been taken into hospital due to a fit.
When I get home, I recieved a phonecall from my boss saying basically I'm being letting go for my own benefit because they think its greatly effecting my health and that I am unreliable since I became pregnant as I couldn't do this shift and one other one last week. She made it out to be it was for my own benefit but apart from being a little upset the last few days (only found out I was pregnant last Wednesday) I haven't become uncapeable of doing my job as a waitress.
Am I being unreasonable to think I'm still perfectly capeable to do my job as I'm pregnant, not ill?

OP posts:
Thunderduck · 07/08/2009 19:51

YANBU.How long have you been with them? I'd be making an appointment with a lawyer.

TeamEdward · 07/08/2009 19:52

This reply has been deleted

Message withdrawn at poster's request.

BitOfFun · 07/08/2009 19:52

illegal i think.

HerBeatitude · 07/08/2009 19:53

It doesn't actually matter if you're being unreasonable or not. It's illegal to sack you because you're pregnant, I hope you've kept the recording of the ansaphone message.

Get thee to a lawyer

IsItMeOr · 07/08/2009 19:54

Agree with BOF. Have a look at the stuff on here.

Thunderduck · 07/08/2009 19:56

According to here

Dismissal on the grounds of pregnancy or maternity rights
If you are pregnant, you cannot be fairly dismissed because:

of any reason connected with your pregnancy
you have given birth and you are dismissed during your ordinary or additional maternity leave
you have taken, or want to take, ordinary or additional maternity leave
of a health and safety issue that could mean you would be, or have been, suspended from work
of keeping in touch (or not keeping in touch) with your employer during your maternity leave
It would also be unfair dismissal if your employer dismisses you because you returned back to work late from maternity leave because your employer:

didn?t properly tell you when your leave ended
gave you less that 28 days? notice of you maternity leave?s end date and it was not practical for you to return to work

lou031205 · 07/08/2009 19:56

Automatic unfair dismissal - tribunal for you, or at least threaten & you should get your job back.

LittleSilver · 07/08/2009 19:57

Get EVERYTHING in writing, keep copies and cc to everyone and anyone. Get witnesses to any meetings with boss as well. Seek legal advice.

That is rubbish.

TEJQ · 07/08/2009 19:57

Ooooh take GOOD legal advice from someone like ACAS before you do ANYTHING or contact work again. The boss may have just made an expensive mistake!!

LIZS · 07/08/2009 19:58

how long have you worked there and how many hours per week ? If it is a recent or casual arrangement you may not be able to have much redress.

HerBeatitude · 07/08/2009 20:00

Not true. Protection against being dismissed because of pregnancy starts from day 1.

Actually, it starts at interview - you're not allowed to not offer a job to someone because they're pregnant (except in specific circumstances)

Original poster
sweetnessfollows · 07/08/2009 20:00

This is exactly what my mum has told me and she works in a solicitors. Think i will go ahead with some sort of tribunal.
It's all a bit up in the air for me at the moment and this is the last thing I need. I was excited to be able to carry on working to provide for my baby and myself.
I've only been back for about 4 weeks but I worked there before for about 6 months.
It's just a bit mad, I'm stuck in limbo it feels like. Thanks for replying to my first thread though, I'm so new to all of this!

OP posts:
Thunderduck · 07/08/2009 20:02

Please do go ahead with a tribunal. Don't let that tosser away with it. You deserve better.

Original poster
sweetnessfollows · 07/08/2009 20:03

I have about 36 hours this week, no contract signed as of yet but I think their using my old one from when I used to work there before.
I got onto ACAS and they said I have a very good case but its if I want to carry on and get some help. I'm just shocked and pretty upset. Going to be unbelievably skint for a while

OP posts:
MrsHappy · 07/08/2009 20:07

You should write down what your boss said to you in detail, sign it and date it for evidential purposes.

Never mind not being given a warning; you simply should not be treated differently because you are pregnant/experience some pregnancy related illness. That is discrimination.

I know the thought of a legal scrap is worrying (not to mention stressful) but in the end you have been treated badly and often these things don't get to tribunal as they settle before they get there.

Is there a free legal clinic near where you live? Due to the recession a lot of good lawyers are doing pro-bono work right now and you could find a free clinic a useful source of help.

bratley · 08/08/2009 20:12

Just wanted to back up what everyone else has said, its unacceptable and you need to be strong and stand up to them, they obviously think you're a soft touch and won't fight back!

Speak to someone on Monday, get the ball rolling, the longer you leave it the less likely you are to do anything at all.

NorthernLurker · 08/08/2009 20:20

They simply can't treat you like this. Don't take all the stress on to yourself - take steps and make sure they get to know just how wrong they are.

lupo · 09/08/2009 12:33

same thing happened to me...I got an employement lawyer on a no win no fee basis..as law is very mcuh on the side of pregnant employees and he know we would win...threatned to take them to court and they paid up..def take it further or atleast get tlawayer to send them a letter..they havent got a leg to stand on!!!

katiestar · 10/08/2009 10:13

It won't get as far as court.they haven't a leg to stand on.Personally6 i would say you don't feel able to go back to work there after this incident and go for a payout

katiestar · 10/08/2009 10:16

Sorry by 'not getting as far as court' I should clarify that I mean I think they will settle out of court.

Glitterknickaz · 10/08/2009 17:06

Please, please nail their arses to the ground.

curiositykilled · 10/08/2009 17:46

yes, agree with all others. This is illegal. Depends what you want though. If you want the job back rather than a payout I'd try talking to the boss and explaining that you are fine to work and what the law says about appointments, pregnancy and your rights. He might just not have realised the law.

Original poster
sweetnessfollows · 13/08/2009 22:04

thankyou for replying, sorry i havent been on. lack of internet.
i'm currently writing a letter of appeal and seeing how far i get with this. got over the initial shock now and i'm just really angry so i hope something gets done about it all!
thanks for all the advise!

OP posts:
loobylu3 · 13/08/2009 22:13

They have been incredibly stupid and v cruel to you!
Dismissal on the grounds of pregnancy= automatic unfair dismissal.
Try to get proper advice asap from a solicitor (some may do no win no fee if you have a v good case). Find your old contract if possible. Write down your recollection of the phone call with your boss asap.
Good luck!

BottySpottom · 13/08/2009 22:37

I wouldn't worry about money for a few months because I think you'd definitely win a tribunal case with that appalling behaviour.

I'd make a note tonight of everything that you can remember they told you today and consult a solicitor.

Don't think I'd bother with the letter of appeal personally - they may just wait until you are back from maternity leave and find a way to loose you then.