Discriminated for FW Request & Find Out Im Pregnant

[Fevs]

All was going so well at my job for the first 6 months until I asked if I could work for 4 days (instead of 5) as I have a 2 year old.
My directors eventually approved my request but then two days before it's due to start dismiss me for absurd reasons - actually laughable.
I am currently investigating suing them for discrimination but then found out yesterday (the same day as getting dismissed) that I am pregnant!
Of course I am over the moon, we had been trying, but I do feel incredibly anxious as now I do not have a job.
It is very days, possibly 3 weeks, but what do I do now?
Look for a perm role but not mention it? Or look for maternity cover? Also I know I won't get statutory maternity but am I entitled to anything at all?!
My husband is being supportive and saying it's too essential that I do work but I want to continue working for myself too and to prevent too much of a big gap on my CV.
You could not make up the timing of this! Any help or advice much appreciated.
X

In regards to the new job situation, you need to work so just apply in the usual way regardless of being pregnant. You don't have to tell your new employer you are pregnant until much later on.

You'll get both sides of the coin here on what is right and what is not about being pregnant and starting a new job etc, tell them, not tell them etc. If this was me I would look at all job possibilities, both fixed term and perm and then tell my employer I was pregnant around the 12 week mark (assuming you don't have awful sickness etc! I had to tell mine way earlier as I felt bloody awful).

If you'd like any advice on the dismissal then please do share more information, how long had you worked there? What was the dismissal reason? How did they dismiss you?

What grounds are you proposing are discriminatory?

The timing in your post suggests you haven't told them you are pregnant yet.

If it's sex discrimination, do you have sufficient evidence they dismissed you on that basis?

Thanks @OoohSmooch I am in such a dilemma, especially because applying and eventually securing a role can take quite a while so if I'm 8-10weeks when I start I'm not sure how I could then tell them that I'm pregnant 2/3 weeks later?! But unfortunately I don't think I would get a job if I was upfront.
I had been at the company for 8 months. Everything was great, no issues, great relationship with director until my 6.5mth review where I requested to work 4 days.
The process to apply/for approval took about 6 weeks and the reasons they gave for dismissing all coincidentally took place in that 6 week period... they also were recruiting to replace me in secret while I was still there.
They scheduled a catch up 10 mins before the end of the day. In the meeting asked if I wanted anyone to join me (everyone had gone home) sprung this absurd reasons on me asking for my response. Said they would discuss it (they had come into the meeting knowing full well the outcome as they had already recruited for my replacement!) then sent a letter the next day saying I was dismissed....
I must have a leg to stand on here even if it is under 2 years service?

I know my rights are limited but the discrimination is appalling x

You haven't said what the discrimination was nor the reason they gave for your dismissal ( though legally they don't have to give a reason )

I think regarding the dismissal you don't have any grounds to sue. Of course it looks like they treated you badly however unless they were discriminatory over a disability or similar then you won't get anywhere. It sucks but that's the law.

Re a new job - get in as quickly as possible, you don't have to legally tell an employer you are pregnant until you are about half way through.

You may be entitled to SMP though it will depend on start dates, etc

I would have thought that building a case to dismiss someone after they apply for flexible working is grounds for discrimination of some sort? You are supposed to enter a disciplinary meeting not knowing the outcome. The fact they were already recruiting for my replacement suggests they had already formed a decision before listening to my response.

However, my intentions for this post was more regarding my pregnancy and what I do about finding a new job and if I tell my new employer (no previous employer was unaware as I found out the day I was dismissed)
it is just tricky timing and an added anxiety you don't really need in the early stages of pregnancy I guess.

But you said your request for flexible working was approved
They didn't have to approve it
They will claim the 2 are not related
What was the reason for your dismissal?

It all hinges on that really.

As for any new job, there is no need to tell your prospective employer you are pregnant

Were there disagreements over the flexible working? Perfectly normal for a decision to take six weeks.

On what grounds were you dismissed?

You will get maternity allowance whether you get a new job or not.

You are entitled to pay in lieu of notice and accrued annual leave.

If the fwr was for childcare and is the root of the dismissal, ie, no other reasons there may be an element is sex discrimination.

I am perplexed though as to why you would accept a full time role and in a short time want to work a day less. You knew your commitments at the outset. Had you passed probation?

Why on earth would that perplex you @OhTheRoses? It was my first job (and a new job) after having my first baby and I felt confident that I could go back full time even with a baby.
The reality of that was far harder then I had ever imagined but because I was doing a good job and thought I had a future there instead of just leaving I thought the sensible option would be to discuss the options of FW. That what we're all striving for as parents isnt it? A working world where you can have time with your family as well as building a solid career.

I don't really want to detail their reasons on here but I spoke with ACAS yesterday and they said they were minor but because I was under 2 years they didn't even really need a reason.

Obviously it's hard to paint an accurate picture of the company and my directors on a forum but I am very confident that they were looking for reasons to let me go following that meeting where my requests were made. Their entire attitude to me changed after that, it was very obvious. I also asked for a promised salary increase in the same meeting and I heard from others there that they don't like giving increases.

I believe they approved the request whilst looking for someone full time to replace me. Either to keep me sweet until they found them or so when they paid me my notice it would be based on a 4 day a week contract rather than 5. Either way, it's not right regardless of if I can sue or not!

But thanks all, good to know it's not common to start a new role already preggers x

I've once been interviewed for a job when I was 18weeks pregnant. I'd been personally invited to apply for the post after sending a speculative CV before I found out about the pregnancy. DH and I agreed I should phone their HR dept before the interview and ask their advice, because (a) it showed enough to make people wonder about the possibility and (b) there was no point starting and being messed about if they were going to be difficult. They suggested I discussed at the end of the interview. I did this and got offered the job and am still there 8 years later, but it was a big employer with generally ok employee relations. If it had been earlier on in the pregnancy I probably wouldn't have mentioned it-on the basis the pregnancy might not have proceeded, and if it did the worst that could happen was they might find a reason to dismiss me as I wouldn't have been there for 2 years. Difficult call- if you say before you get the job you might not be offered it, if you wait you might get dismissed after you tell them. I guess it depends how important 3 or 4 months pay is to your household finances?
It's a good idea (as you have unfortunately discovered) to wait 2 years in a job before applying for flexible working if you possibly can as then it's more difficult to dismiss you without consequences. However they sound like they would possibly have been arsey about maternity leave anyway.

Is it just me or is the drip feeding/withholding here driving anyone else a little bit crazy? How are we supposed to respond if you don't say why they sacked you?

Agree. Don't ask an Internet forum for advice when you're going to miss out a pretty crucial bit of info. You're making it seem as if they were right, not you!

Except the actual questions in the OP are about getting new work while pregnant and not so much about the dismissal so the cause of dismissal is not really relevant.

Your confrontational response provides all the information I need. You messed them about.

@Slightlyperturbedowlagain thank you - that's really helpful advice and yes you are exactly right. I'm not really asking for advice on the dismissal or next steps re that so guys please don't let the cause of it 'drive you crazy'. I don't feel comfortable being that specific on an open forum as you never know who will read this.
My original dilemma was looking for a job now that I know I am newly pregnant and I feel well advised so thanks all 😀

I'm baffled by this
It would have been much easier for them to refuse the request surely? Then they could have had an easy conversation with you suggesting you part ways.

They have given themselves extra work handling it this way. Something doesn't add up. But I can't see that you have a case for discrimination.

I had something similar (I'm going to be vague sorry). It is hard looking for work when pg. I was 7 months which made it harder! I felt uncomfortable even having phone interviews without mentioning it. Legally they shouldn't discriminate but I think it's hard in practice as they will in most cases.

Google maternity allowances as you might be entitled to some maternity pay from the government if you have worked enough weeks.

You can also consider temporary roles (which again will count towards your working weeks to become eligible for maternity allowances).

Overall though at such an early stage, I wouldn't disclose it to an employer though. Its such early days not everyone would even know if they were pg.

You should excise any rights you have to object to your dismissal too. Do this in writing. Does your former employer gave a performance management or dismissal policy and did they follow it exactly?

Employees are vulnerable before they've served 2 years' notice.

The employer isn't obliged to go through any formal performance management or dismissal procedure.

I can see where you're coming from OP, in feeling that letting go of you feels discriminatory, because you are trying to balance you life with your young family and 9 times out of 10 it's the mother who takes the ' hit ' on their career, having to go pt to balance work with family.

Unfortunately you have the burden of proving there is a direct link between them letting you go and your flexible working request. Without that evidence, you won't have a leg to stand on.

Regarding starting a new job while pg, employers are acutely aware about the risks associated with recruitment decisions when the person is pg. If you don't get a job, it's always worth asking the company for feedback, to ensure they have strong rationale. In any case, in Early pg, you have no legal obligation to tell them anything. Make sure you put yourself on a level playing field with any men who may also be interviewed

Sorry I didn't mean to say 2 years' notice, I meant - before employees have done two years' service. Hopefully you get the drift!

I absolutely do @daisychain01 and I agree with it all.
Trying to sue or go further with my dismissal isn't my priority at all. I just came out of the 5min meeting where I had no time to prepare or an opportunity to ask someone to join me (illegal) feeling like it had been totally unfair.
Regardless of the comments on here I know that I did not do anything majorly wrong - or wrong enough to dismiss over anyway and the chain of events totally point to them switching their attitude after my request. Since then a couple of colleagues I was friends with have said they've done this before when a former employee asked for something they didn't like or had an opinion they didn't agree with.
For now I just need to concentrate on getting something else, I just have a moral compass so wasn't sure if I could apply knowing I am pregnant, even if it is just 4 weeks!
It's not ideal but this is what we wanted so I am of course overjoyed, I just know I am a worrier and if I don't get a job quickly I don't want to stress or worry too much esp now I am pregnant.
Thanks for your advice

However, my intentions for this post was more regarding my pregnancy and what I do about finding a new job and if I tell my new employer

Perhaps you should have used a title that mentioned that then.

I just came out of the 5min meeting where I had no time to prepare or an opportunity to ask someone to join me (illegal)

It's not illegal.

Be careful about not telling new employers, depending on what your line of work is you might need to do so for health and safety reasons. In my line of work that is the case (we use chemicals and domanual handling), it is in our terms and conditions that you notify your manager as soon as pregnancy is confirmed to allow a risk assessment to be carried out.

I love your positive support on here....
You are supposed to give an employee the opportunity to bring someone in to a meeting with you. Whether that's the law or best practice the fact that they didn't is what I have been told is the gaping hole in their procedure.

That was to @TittyGolightly