New Job - on 6 month's probation & pregnant

[MissChief]

I'd really appreciate advice from any lawyers/HR specialists out there. I'm 7 weeks pregnant, started new job in Nov and am on 6 month's probation (and also shocked to discover am currently only on 1 week's notice rather than the usual 3 months post-probation).

I understand I should be protected under employment law from unfair dismissal while pregnant; however, my organisation is in the process of planning for end-of-year re-structuring (by which time I will surely have had to inform them of my pregnancy) and I'm feeling rather vulnerable for being ousted, even though they currently seem happy with my performance. Any advice? Will I, for example, have the right to my current job pack after maternity leave? What protection do I have while pregnant & working but on probation?

Also, I believe I'm not eligible for occupational maternity pay as won't have had a yr's service so hope instead to at least get statutory.

Any help would be greatly appreciated.

you don't need to tell them .. by the end of the year you'll still be less than 3 months won't you .. you probably won't be showing .. can you not just keep it to yourself?

sorry if not clear, meant year-end March. Major plans afoot (including to get rid of some people), won't be able to disguise pregnancy at that point.

bump - could really do with some expert advice as really concerned about this! TIA.

Hi MissChief - To get stautory you need to have 26 weeks service 15 weeks before the due date.

You have the right to return to a job of equivalent status to your current one and if redudnacies are in the offing you should be considered for redployment ahead of others.

Hope this helps.

Thanks - does being on probation and 1 week's notice affect any on these rights though?

it is illegal for them to highlight your position purely because you are pregnant

if anything being pregnant may give you a little more protection as they will need to be seen to be being totally above board (though that depends on the type of company)

the 1 week notice is just standard I suppose to see if you work out or not but they should know that inside of 3 months so you could ask for an informal review at christmas just to see how you're doing and if there's anythign you need to improve on (this will also help if they choose you for redundancy once they know you're pregnant and will show that you are keen)

Misschief

I am in the same predicament. Started current job at 6 weeks pregnant (unknown at the time), do not qualify for SMP but you can get Maternity Allowance, but you must apply through DSS.

Hi

I had the same happen to one of my staff, ie she got pregnant and had only been with co for a month (before I went on maternity too and left the co! splitter I hear you cry
Don't worry they can't get rid of you, or they'll be heading for all sorts of tribunals,
www.maternityalliance.org.uk
are rather good, sorry I'm pants at links.
As for pay you need to get a form from the DSS, and then they will pay you your maternity pay, but I'm afraid its at the lower rate, your co will keep your job open until you advise if returning or not, hope this helps?

One week notice is statutory minimum so wouldn't read too much into that. Probationary periods are also sticky area in legal terms - you are still protected by sex discrimination legislation, even though you can't claim unfair dismissal. Therefore, if they wanted to terminate they would have to have a robust rationale in place.

thanks, everyone, appreciate it. Feel slightly reassured though tempted to keep quiet about pregnancy for as long as poss. now.

meant to say Postpaws - sorry to hear you're in the same boat! I can't believe it, had built up long service in previous post and needless to say hadn't expected to get pregnant so quickly. Having said that, grateful to be so and trying to remember what's more important when I spend too long agonising on lost mat. pay!

I feel the same, Misschief.

Am now 18 weeks pregnant so have had more time to get used to it, but am saving like mad from salary each month to make up shortfall - I hope!!