Family sacks pregnant nanny

[NJE]

Hi,

my friend has found out last Monday that she is pregnant and told her employer last Tuesday. She then went on holiday with them last Thursday and returned last night. The mother phoned her last night to tell her that they terminate her contract by the 15th of January for the reason that she wouldn't work well enough. They were very happy with her until she told them about the pregnancy and mum said that she shall work as long as she can.

Can they do that or should my friend ask a lawyer for advice?

Sounds like a straight-forward case of discrimination to me, but I'm no lawyer. So yes, your friend should seek advice.

Definitely seek advice. Does she have nanny insurance? If so I would call them, ACAS and the CAB. Sadly it's times like this that paying insurance pays off. I know most of us would really rather never have to use it.

'She wouldn't work well enough' is a very strange reason and sounds like an excuse to me.

Families can get rid of pregnant nannies but it needs to be for genuine 'business' reasons e.g. redundancy. It can be that a nanny's pregnancy causes a family to rethink their childcare options but if nanny announces pregnancy and the family plan to replace them with another nanny that definitely wouldn't stand up.

How long has she been working for them? Not that it makes a difference but employer might be hoping they're either within the probationary period or the 1 year where dismissal can be for any reason.

No they can't. Hopefully someone more knowledgeable will be along to advise.

It happened to me but then the mum suddenly changed her mind.

As you are just the friend, you may not know all the details involved - so won't really be in a position to tell us some things on here.
So probably best that you tell your friend to seek advice - as GFAM has mentioned, that means ACAS and CAB.

Just to say sex discrimination is exempt from the 12 month working rule so if she was sacked for being pregnant she can claim unfair dismissal even if she only worked there for 1 week.

No need to use a lawyer just yet. She should write a letter saying that she is very upset to have been dismissed, and has been clearly discriminated against on the grounds of her pregnancy. It is her understanding that she cannot be dismissed for reasons of pregnancy and that she awaits their earliest response so that she can consider her position with regard to legal action.

She is totally in the right and they will get a very nasty shock when they speak to their lawyer. If they write back saying she has not been dismissed for pregnancy but for some other reason, then they is the time to start paying for a lawyer (although she could do it all herself as it looks quite straightforward)

Good advice Still Squiffy - that's exactly what I would recommend. A lot of people who treat people like this are ignorant of the law and also how to treat people decently in such situations. Sometimes a sharp but polite reminder of this is what's needed. Good luck.