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Told I will be sacked if I fall pregnant

49 replies

Cmh1592 · 22/12/2016 07:41

I've recently found out im nearly 7 weeks pregnant! So happy! I'm a little worried with work though. It will be my two years end of Feb 2017. My boss said to me in my interview almost 2 years ago "you're not planning on having kids are you" at that time I wasn't. Now all I've had in the last 2 years is "if you fall pregnant we will take you to the job centre ourselves" please someone help me! I want to make them aware of my situation now as it's starting to stress me out and upset me thinking about it. What can I do?

OP posts:
luckylucky24 · 22/12/2016 08:37

DH's company told him they would sack him if he tried to take shared parental leave when we had DD. I was fuming but he said they often dismiss people for virtually nothing.

backinthebox · 22/12/2016 08:40

"you are legally entitled to paid maternity leave" Not strictly speaking true. You are legally entitled to Statutory Maternity Pay, which the employer pays and then claims back from the government (the government pays it back the following tax year, with a small percentage extra to cover interest and admin costs) so your employer will not have to pay. Their biggest cost will be in finding someone to cover your position.

The Equality Act 2010 is extremely specific about not being able to sack someone because they are pregnant - a friend of mine just received a significant settlement because she was offered a job, told them she was pregnant, then they retracted the offer of the job. She did not even need to have started the the job for the law to protect her, let alone 2 years.

Johendy has good advice about printing off your appraisals to date as sometimes employers 'lose' stuff after an event!

You don't have to tell your employer until you hand over the Mat1B form at 25 weeks, nor are they allowed to ask you what your plans are either before the birth wrt mat leave start date or after it wrt a return to work date. You are entitled to ask for time for medical appointments but obviously this becomes more difficult if they don't know you are pregnant. It is not unreasonable under law however for your employer to ask you to make reasonable efforts to make the appointments outside of work time.

I know most of the above due to attempting to be a good and responsible employer to my one employee. A good working relationship makes things so much easier for everyone, there is no need to be a dick over these things. Women have been having babies for millions of years - your boss is not the first person to experience this!

Namechangeemergency · 22/12/2016 08:41

I used to work for a charity.
One day the CEO got us all together and asked us not to get pregnant because 'it would ruin us, please don't, we would go under' Shock

They had drawn up our contracts using a larger charity's contracts as a model and were massively panicking.

So instead of developing contingency plans they decided just to tell us not to have any children!

Ironically I ended up having very generous adoption leave about a year later (unplanned, emergency)

Tenshidarkangel · 22/12/2016 08:48

Get your two years under your belt. That way your protected by law under employment rights. I would also look at contacting ACAS in the meantime.

And...
Congratulations! :D

SociallyAcceptableCookie · 22/12/2016 08:52

backinthebox I've never heard that your employer can expect you to try to reschedule antenatal appointments, only that they're allowed to ask to see proof such as an appointment letter. Of course in my area (and most areas I presume), community midwives and antenatal clinics only run during standard working hours and they often just send appointments so a reasonable effort is unlikely to be effective in getting an appointment rescheduled.

TrickyD · 22/12/2016 08:54

Join USDAW immediately! Minimal cost, max support.

SilentBatperson · 22/12/2016 08:57

Pay for what? They'll be able to claim over 100% of the cost of your SMP back from the state!

Newtssuitcase · 22/12/2016 09:00

I'm an employment lawyer. The two year qualifying period is completely irrelevant in this scenario. It only applies to ordinary unfair dismissal. You have protection here from day 1 OP.

DinosaursRoar · 22/12/2016 09:15

Socially - yes, particularly if you work part time, you are entitled to the time off if you can't get appointments in your own time, but you are expected to try to get them in own time.

OP - the advice to put it in writing when you tell her is a good idea, she can't sack you then say she didn't know you are pregnant. If you are trying to keep it quiet until then, I would also be careful not to tell family/friends until you are ready to tell your boss.

She can claim the money back from the government so don't fall for any nonsense that she can't afford it. It's a faff, that's all.

SociallyAcceptableCookie · 22/12/2016 09:27

dinosaurs interesting. I work full time and never really thought about part time workers.

prh47bridge · 22/12/2016 09:30

Just to echo Newtssuitcase - if the employer sack you for becoming pregnant they will be guilty of discrimination. You don't have to wait 2 years to get protection against discrimination. I wouldn't wait to tell them. You don't want them to figure out you are pregnant before you tell them and sack you, claiming they didn't know. I would tell them now. If they say anything about sacking you I would make it clear that they will face an employment tribunal case if they do.

flumpybear · 22/12/2016 09:33

Id write a letter, make sure you take a copy.

Dear xxx
I'm writing to let you know I'm pregnant EDD is xxx.
I know you've often joked that I'd lose my job if I became pregnant but it's causing anxiety so I'd appreciate confirmation from you that this will not happen just because I'm pregnant. I can still offer my loyalty as an employee and I enjoy my job.
I'd appreciate a letter in return to alleviate my worries.
Yours xxx

Then you'll have written proof!
I'd be inclined to do this at the same time you tell familybin case she finds out and makes an excuse to get rid of you
Good luck! What she's doing is illegal by the way!! But this ensures you've got proof st tribunal if needed

MilkTwoSugarsThanks · 22/12/2016 09:40

I'd wait for the 2 years before telling them. I know technically you're protected from day 1 BUT the company could make up some other bullshit reason for getting rid of you before the 2 years is up. You'd then have the horror of a tribunal while pregnant/with a newborn to prove otherwise.

ProfYaffle · 22/12/2016 09:41

Some people can get tribunal fees remitted, guidance here

HSMMaCM · 22/12/2016 09:44

Trouble is if OP waits for 2 years and her employer finds out she is pregnant, they could sack her for another reason and then say "of course it is nothing to do with the pregnancy. We didn't even know".

MrsGB2015 · 22/12/2016 09:48

As people said its automatic unfair dismissal of they fire you for being pregnant so the 2 year qualification period doesn't apply. Document everything you can... Any CCTV, emails, texts, witnesses?! Build a timeline. They would likely only pay the statutory maternity pay which they claim from the government so I'm not sure why they are being so arsey about it.
When you call a meeting to tell them you are pregnant have a witness there or try and put what was discussed in writing

HSMMaCM · 22/12/2016 13:06

It's probably not the statutory maternity pay they're worried about. It's more likely to be the time off and not knowing whether to recruit or not.

lougle · 22/12/2016 13:12

The benefit of declaring the pregnancy earlier, is that the employer then definitely can't say they weren't aware. In this situation I'd be tempted to tell them straight away, in writing.

ThumbWitchesAbroad · 22/12/2016 21:27

Agreed, actually - from what you've been saying, the minute the news gets out it's going to spread like wildfire, so they could fire you for some other trumped-up reason and claim complete ignorance of your pregnant state.

So yes, just write the letter and tell them.

HermioneWeasley · 22/12/2016 21:44

If you think they'll find out, I would notify them in writing sooner rather than later, then you have proof they're aware and any stupid actions they take they will have to justify

PrincessConsuelaTheSecond · 24/12/2016 09:28

I'm a bit late to the party but I think the advice to wait until two years is poor.

You're protected against unfair dismissal from day one if the reason is pregnancy. If you tell them, in writing, and are sacked for a different reason, chronologically it's fairly obvious that the two are linked.

However, if you don't tell them, they start to suspect and sack you anyway, you've got nothing on record to show they knew about the pregnancy and your only recourse would be a speculative discrimination claim on the grounds that you think they suspected you might be pregnant.

I know which position I'd rather be in!

Alorsmum · 24/12/2016 10:13

This reply has been deleted

Message withdrawn at poster's request.

daisychain01 · 24/12/2016 13:53

I'd record the conversation when you tell your boss. There's nothing illegal about recording

Covert recording of a meeting without consent puts you on weak ground in terms of using it as évidence

Cmh1592 · 11/01/2017 14:08

Thought I would keep you all updated! All was absolutely fine! I had a little cry (all I seem to be doing anyway) Smile she is over the moon for me, everything is perfect. Thanks for everybody's advice! Xx

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