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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

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Original poster

Fired the day after telling co worker I'm pregnant

87 replies

Tokyo21 · 16/11/2021 17:57

I just got fired today from my new job that I started in mid October. Yesterday at the end of my shift a co worker after me if I am pregnant, at first I told her to mind her business but she kept pressuring me so I said yes I am. She also asked how far along I am and I told her the truth ( that I'm 23 weeks.)
Today after being at work for less than 5 minutes, I got pulled by my boss to his office. He didn't waste any time in telling me that he 'has to let me go'. His reasoning behind this was that I breeched my contract by being in possession of my mobile phone during work. Last week he saw that I had my phone on me during work hours so he pulled me for a talk in his office. He said that if he sees my phone on me again, I will be sent home for the day and not paid the remaining hours of my shift. He also mentioned that he wants me to come into work on January 9th to help take down the Christmas decorations.(this may seem irrelevant info but its not!)
In today's meeting where he fired me, he said that he was 'not happy with the way things were going,' and that he was 'even going to fire me last week when we had that conversation about the phone' he also said that he 'regrets not firing me last week, and was second guessing whether he made the right choice or not.' This does not seem coherent considering how he discussed plans for JANUARY so if he really wanted to fire me last week, why make future plans with me? Also, I haven't been caught using my mobile phone at work since that conversation last week so it makes even less sense.
I left his office barely saying a word, I didn't want to let him see me emotional so all I said was 'okay cool.' No expression. No emotion. Nothing. He also told me that because I have worked there for over a month, he has to give me 1 weeks notice where I get paid. He told me 'you don't have to come in for this week Ill just pay you anyway,' which I found strange considering the last guy who got fired came in to work for the following week. This made me feel like he felt bad for me in some way, perhaps guilty, reaffirming my belief that he did not fire me because of mobile phone usage because if that was truly the case, why would you feel bad for me?
Rant over! I was working as a waitress in a restaurant for context. A four star restaurant in central London. I feel frustrated because although I truly believe he fired me after finding out I am pregnant, I have no evidence or proof. What am I meant to do? Just move and get a new job. It doesn't feel right when what he did to me is illegal. I know that I probably have no grounds for a legal case, but part of me wants to expose the business and my employer.

OP posts:

Crazycrazylady · 16/11/2021 21:42

Honestly you've only been in the role 3 weeks and had gotten a verbal warning already. I honestly don't see you having much of a case here.
I'd cut my losses if I were you and not waste the head space trying to pursue this.

FreeBritnee · 16/11/2021 21:45

Can you ask your colleague if she told anyone?

lawandgin · 16/11/2021 21:47

Make a subject access request.
Work out your deadline for bringing an Employment Tribunal claim.
Apply for acas early conciliation before the deadline at 2. Understand the rules on extending time limits.
Submit a claim to the ET as a litigant in person if you are not able to settle. It sounds to me like you have enough to establish a "prima facie" case of discrimination, in which case the burden of proof flips to your employer to prove the reason for your dismissal was not related to pregnancy.
Hope they settle so you don't actually have to go through the tribunal process which, although designed to be accessible to non lawyers, really isn't.

If you've been there less than 2 years, you can't claim unfair dismissal, but can claim discrimination.

mummyh2016 · 16/11/2021 21:49

@Crazycrazylady

Honestly you've only been in the role 3 weeks and had gotten a verbal warning already. I honestly don't see you having much of a case here. I'd cut my losses if I were you and not waste the head space trying to pursue this.

This sorry. Don't get me wrong the pregnancy is probably what has pushed the dismissal but considering you had only worked there such a small amount of time and had already had a warning I doubt you'd have been there long anyway.

LethargicActress · 16/11/2021 21:50

You’ve only been there three or four weeks, I’d let it go and move on.

Original poster

Tokyo21 · 16/11/2021 21:50

@Toohardtofindaproperusername
yes, I can get her number from the group chat. What should I say to her? I think her and my boss were close, he would gift her bottles of wine regularly after a shift as a 'thanks' she also worked there for at least a year.
I think it is a shame because except from the mobile phone possession i was a good employee, and I'm sure many of my colleagues would say this. I even received a 20£ tip last week from a customer, which is very unusual since there is a 13.5% service charge already. I am not heartbroken about losing the job, since I was planning on leaving when my baby was due anyway. However its more the dishonesty surrounding my dismissal, and the fact that I was fired instead of quitting.

OP posts:

Bluntness100 · 16/11/2021 21:54

I think this will be tough, you’ve only been there a month and he has grounds, not that he needs them, it’s your word against his and as you never told him you were pregant I really don’t think this is something you can win, I’m sorry.

LethargicActress · 16/11/2021 21:55

It seems a bit hypocritical for you to be upset by their dishonesty when you weren’t honest about your pregnancy and intention to leave in a couple of months.

I realise you aren’t obliged to tell employers about your pregnancy at this stage, but then they aren’t obliged to give you a temporary job.

Original poster

Tokyo21 · 16/11/2021 21:56

@SaraKitty Correct. He made it very clear to me what the consequence of having my phone on me was (sent home for the day,) and now all of a sudden he regrets saying that and told me he wants me fired instead. I had a 3 month probationary period, during the first month I could leave/get fired with no notice but since it's been over a month since I started, he has to give me 1 weeks notice. Although he told me not to bother coming in for this 1 week and he'll pay me anyway.

OP posts:

Bluntness100 · 16/11/2021 21:57

Surely not having you there will leave him short handed. Are you sure there wasn’t a performance issue?

Sharletonz · 16/11/2021 22:01

Definitely sounds like it's because you are pregnant.
In all honesty. Is it worth it after being there a month? The uphill battle you'll have trying to prove it won't be easy.
It sucks and it's illegal, but I'm not sure it's worth it after only being there a month.

SleighBells21 · 16/11/2021 22:02

For how short of a time you were there op I don't think it's worth going through the whole claiming process. I don't even think you can for the amount of time you were there.
Yes it's shit and I do agree your pregnancy is to do with it if your co worker has told him, has she said she did?
It's your word against his and he has the warning behind him.

Original poster

Tokyo21 · 16/11/2021 22:03

@LethargicActress I understand that. But my pregnancy was unplanned, I'm single, only just turned 20 and desperately needed a job during my pregnancy so that I would be entitled to maternity allowance. i was scared to tell my boss I was pregnant (I even made a post not too long ago about this). I know none of this is their fault but I still don't think my pregnancy justifies firing me, regardless of how long I worked there.

OP posts:

Dddccc · 16/11/2021 22:05

So as you were still on probation unfortunately nothing you can do

courtshoe · 16/11/2021 22:07

Sorry this has happened to you. It's likely he has fired you because you were pregnant. But you have no proof, and it's extremely unlikely that any evidence will be forthcoming.
I'd just move on and click it up to experience. You've only been there 3 weeks. Why would you want to work for someone like that anyway.

Animood · 16/11/2021 22:09

Jesus

The responses on this thread are all over the place. I'm a solicitor and lots of the responses are just simply incorrect.

Speak to a bloody solicitor specialising in employment.

DONT listen to random incorrect Legal advice from a bunch of people who know literally nothing on the internet.

Curly12345 · 16/11/2021 22:12

Being pregnant is a protected characteristic under the Equality act 2010. He hasn’t been told you are pregnant by you so it’s discrimination by perception. You definitely have a case for unfair dismissal. ACAS will be able to help.

Toohardtofindaproperusername · 16/11/2021 22:15

[quote Tokyo21]@LethargicActress I understand that. But my pregnancy was unplanned, I'm single, only just turned 20 and desperately needed a job during my pregnancy so that I would be entitled to maternity allowance. i was scared to tell my boss I was pregnant (I even made a post not too long ago about this). I know none of this is their fault but I still don't think my pregnancy justifies firing me, regardless of how long I worked there.[/quote]
you're right. it doesn't
for everyone saying you were not upfront not saying you were pregnant.. please don't listen to it. there is this thing called 'power' and there is this thing called 'equality' and there is this thing called 'employment rights'. the one that usually trumps it all is power... thanks to thatcher, blair and most of the establishment.. we have fewer and fewer rights, and employers more and more power to screw us all over. Being pregnant doesn't justify being fired, whether you were going to leave or not.... and however long you had been there. unfortunately... it seems like equality and oppression are last on the list at the moment.
Do take care of yourself though OP. i really hope you can get support, advice, and another job if possible.

Toohardtofindaproperusername · 16/11/2021 22:17

@Animood

Jesus

The responses on this thread are all over the place. I'm a solicitor and lots of the responses are just simply incorrect.

Speak to a bloody solicitor specialising in employment.

DONT listen to random incorrect Legal advice from a bunch of people who know literally nothing on the internet.

AND this.

WE are just random strangers, feeling the pain, and kicking off on your behalf. you really do need proper advice.

flippertyop · 16/11/2021 22:19

Surely you wouldn't be entitled to any maternity leave or pay anyway as you haven't been there very long or everyone could just get a highly paid job as soon as they were pregnant. I agree with the PP you've only been there a month and you already broke the rules so pregnancy or not I think it's reasonable that he fired you

Original poster

Tokyo21 · 16/11/2021 22:25

@Toohardtofindaproperusername thank you for your empathy and well wishes. I appreciate the good vibes.

OP posts:

dementedpixie · 16/11/2021 22:33

@flippertyop

She would be entitled to maternity leave from the start of employment and depending on whether she had been employed for 26 weeks in the 66 weeks before birth could maybe claim maternity allowance

Original poster

Tokyo21 · 16/11/2021 22:35

@flippertyop I'm talking about maternity allowance from the government, not maternity pay from employer. I think you need to work 26 weeks before babys due to get the maternity allowance, which is what I'm trying.

OP posts:

skodadoda · 16/11/2021 22:46

@Dddccc

So as you were still on probation unfortunately nothing you can do

Not true. Dismissal for discrimination is unfair at any stage of employment.

Dddccc · 16/11/2021 23:14

@skodadoda there is no proof they knew she was pregnant the op had already had a warning and was told under preforming that in itself is more then enough to let someone go when on probation

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