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Pregnancy

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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:
MotherofPoodles · 16/11/2021 23:22

@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.

True but also maybe listen to someone who could be her future employer. 3 weeks in and having to have a sit down chat about performance isn't great.

Cut your loses learn the infuriating lesson and start making plans for the future. You're 20 with enough on your plate and ET's leave a stain. Yes morally you're in the right most likely if you're intuition is right but 3 weeks in and off to a tribunal?

Original poster
Tokyo21 · 16/11/2021 23:35

@MotherofPoodles 5 weeks in actually. But I get your point. As I’ve said repeatedly, I do not believe I was let go for the reason given so it’s irrelevant that I was spoken to last week about my mobile phone.
I made this post because I was shocked that it happened I never thought this would happen to me but hey ho life goes on and you’re right I have much greater things to focus on. Rejection is redirection; I do believe there are greater things ahead.

OP posts:
yogaqueenhood · 16/11/2021 23:35

@Tokyo21 you started a job in mid October ... so when you were 19 weeks pregnant? I mean, I can understand why this would be annoying for employers. In less than 5 months of starting the job you would be off for potentially 9 months maternity leave. I think that should be something you have to disclose when starting a new job. It's really not fair. Also you had already received a warning not even being there a full month. I don't think the employer was being unreasonable from what you have written.

Original poster
Tokyo21 · 16/11/2021 23:41

@yogaqueenhood yes mid October. When I started I thought I was 17 weeks but I was actually closer to 19, after having my anomaly scan they said I was a week and a bit further than I thought. I too can see how this is not ideal for employers that I would be leaving in a few months but the law states you do not have to disclose your pregnancy when getting hired so I chose not to. I guess we’ll have to agree to disagree, I still think it’s unfair but I do understand why you would think that.

OP posts:
kirinm · 16/11/2021 23:47

@LethargicActress

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.

But they did employ her and if she'd told them she was pregnant and that was enough too decide they didn't want to employ her, they would also be discrimination.
kirinm · 16/11/2021 23:49

@Dddccc

So as you were still on probation unfortunately nothing you can do
Not true. Sex discrimination doesn't have the usual employment rules.
GreenLunchBox · 16/11/2021 23:54

I would start the ACAS process for pregnancy discrimination and shit him up. He deserves it. Whether I win or not would be immaterial. He would probably settle

GreenLunchBox · 16/11/2021 23:56

[quote yogaqueenhood]@Tokyo21 you started a job in mid October ... so when you were 19 weeks pregnant? I mean, I can understand why this would be annoying for employers. In less than 5 months of starting the job you would be off for potentially 9 months maternity leave. I think that should be something you have to disclose when starting a new job. It's really not fair. Also you had already received a warning not even being there a full month. I don't think the employer was being unreasonable from what you have written. [/quote]
If she legally doesn't have to disclose (for good reason!) then it's irrelevant that you think it's unfair

yogaqueenhood · 17/11/2021 00:05

@GreenLunchBox well it's not irrelevant as the OP is posting about it on a public forum asking for people's opinions. That's my opinion.

yogaqueenhood · 17/11/2021 00:08

[quote Tokyo21]@yogaqueenhood yes mid October. When I started I thought I was 17 weeks but I was actually closer to 19, after having my anomaly scan they said I was a week and a bit further than I thought. I too can see how this is not ideal for employers that I would be leaving in a few months but the law states you do not have to disclose your pregnancy when getting hired so I chose not to. I guess we’ll have to agree to disagree, I still think it’s unfair but I do understand why you would think that.[/quote]
Fair enough, I wasn't trying to be rude, just stating my opinion. I really do think this information should be mandatory to disclose past a certain point in pregnancy to keep everyone right and safe.

GreenLunchBox · 17/11/2021 00:13

[quote yogaqueenhood]@GreenLunchBox well it's not irrelevant as the OP is posting about it on a public forum asking for people's opinions. That's my opinion. [/quote]
It's irrelevant as far as the law is concerned

yogaqueenhood · 17/11/2021 00:15

@GreenLunchBox I'm not in a court of law though, I'm posting on a public forum Confused

GreenLunchBox · 17/11/2021 00:32

[quote yogaqueenhood]@GreenLunchBox I'm not in a court of law though, I'm posting on a public forum Confused[/quote]
You're giving your opinion but OP might need to go to tribunal do your opinion is unwanted and misogynistic.

Confused back at you

GreenLunchBox · 17/11/2021 00:33

*so

Viviennemary · 17/11/2021 00:41

I can't see how you will prove unfair dismissal under the circumstances you describe. And will the compensation be much since you have been there such a very short time. Still you should seek advice on whether it is worth starting a claim.

timeisnotaline · 17/11/2021 00:54

I’d do the subject access request and go from there. They shouldn’t be allowed to get away with this crap.

Anordinarymum · 17/11/2021 00:57

You know why you were fired. You should have said you were pregnant when you went for the job.

BunnyBerries · 17/11/2021 01:08

You really need to take some professional legal advice, ACAS or you could initially even call a university's student pro bono department, they give free supervised advice and may be able to talk you through what to do. If a colleague noticed you were pregnant, then of course, it's highly likely your boss and everyone else has too and sounded you out because you may have seemed close to the mandatory time you need to formally tell them by (15 weeks before your due date) at which point it would be too hard for them to fire you without it looking like a motivating reason, and thus, pregnancy discrimination. You said you were scared to tell them. Your colleague tried to find out how many weeks, and then the next day you were let go before you had a chance to 'formally' give them notice of it. It seems you breached your contract but were you treated differently from other employees - if they are caught with their phone once, are they disciplined/given a warning, or also just fired? They asked you not to go in, so you'd have no further opportunity to discuss it or tell them about the pregnancy either.

Everyone is entitled to apply for a job and earn for a living even if pregnant, so don't worry about that part or listen to people who say you should have told them already.

Even if you got a small amount of compensation every little helps for someone about to have a baby.

timeisnotaline · 17/11/2021 01:17

@Anordinarymum

You know why you were fired. You should have said you were pregnant when you went for the job.
Why? They are not allowed to ask this because it’s none of their business. No she shouldn’t have said that at the outset.
skodadoda · 17/11/2021 07:07

@GreenLunchBox

I would start the ACAS process for pregnancy discrimination and shit him up. He deserves it. Whether I win or not would be immaterial. He would probably settle
I agree. This employer will continue with this behaviour unless they are pulled up. It isn’t a question of money, its about following the rules.
skodadoda · 17/11/2021 07:15

@Viviennemary

I can't see how you will prove unfair dismissal under the circumstances you describe. And will the compensation be much since you have been there such a very short time. Still you should seek advice on whether it is worth starting a claim.
It isn’t about compensation it’s to try to make employers treat people properly.
timeisnotaline · 17/11/2021 07:39

I would expect compensation to cover stat mat pay if it gets to the compensation point, that’s what the op is missing out on.
If the subject access request shows the manager knew she was pregnant, and suddenly she’s fired the day after in contradiction to what she was told a week or so ago then there is certainly a case, what else changed in that time?

yogaqueenhood · 17/11/2021 08:11

@GreenLunchBox ahh I see. Basically any opinion that differs from your own is unwanted and irrelevant. Got it.

GreenLunchBox · 17/11/2021 09:47

[quote yogaqueenhood]@GreenLunchBox ahh I see. Basically any opinion that differs from your own is unwanted and irrelevant. Got it. [/quote]
Good

Viviennemary · 17/11/2021 09:53

Would taking your employers to a tribunal show up on your emloyment record.

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