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Pregnancy discrimation?

20 replies

mummyfromnw · 03/05/2018 11:48

I work for a small company – 4 directors (all family); brother is accountant in the company, other 2 -3 people on self-employment basis and only myself and my colleague as PAYE employees.
Last Thursday I told them that I am pregnant, on Friday (I had my annual review) I had been advised that my work hours will be reduced by half as the business is not going well etc (even thou 2 months ago they were interviewing for a new team member to join myself and my colleague).
This Monday I have provided details about my 12 weeks scan and they took half day from my annual leave. I had to forward them gov link about pregnant employees’ rights and paid time off for antenatal care.
Last evening (email send over just before 11pm) I have received warning letter – basically that I emotionally told them about my pregnancy plus couple of issues that happened year ago and in December – that they don’t believe me that I took time off sick in December etc).
There is no HR, no company handbook – how to deal with disciplinaries or grievance. Also, how come they don’t mention the issues year ago but now issues warning letter.
All good for 2 years, and now when I told them about pregnancy it is a palaver – of cutting down hours, warning letters, me telling them about my rights.
I am considering joining union now as who know what I will need to deal with for the next weeks/months.
I dont know if I should just go to work and accept it, as every action from my side now backfires.

OP posts:
TittyGolightly · 03/05/2018 11:50

Have you been there more than 2 years or less?

Rainuntilseptember · 03/05/2018 11:54

This sounds very unfair. It might be too late to join the union though as this is a preexisting problem. It’s like taking out insurance after you’re burgled. I am very sympathetic to your plight but find attitudes to unions very odd.

mummyfromnw · 03/05/2018 12:05

@TittyGolightly - in July it will be 2 years

OP posts:
user1487194234 · 03/05/2018 12:08

The 2 year service doesn’t apply for pregnancy and some other matters
Speak to ACAS for initial advice

mummyfromnw · 03/05/2018 12:13

I will go to Citizens Advise Bureu tommorw in the morning. I will also call MAternity Action. Cannot find ACAS number

OP posts:
iklboo · 03/05/2018 12:27

ACAS looks like 0300 123 1100

TittyGolightly · 03/05/2018 12:31

It doesn’t. But they can dismiss for any other non-discriminatory reason. The op would have to prove at tribunal the timing wasn’t coincidental. .

mummyfromnw · 03/05/2018 12:41

@TittyGolightly you really scared me know. There is even no company handbook that I refer to. There is no policy of disciplinaries, warnings ect. I even don't know if I can raise grievance now.

OP posts:
user1487194234 · 03/05/2018 12:59

@TG Yes if course they can but it would be a brave /foolhardy move

goldangel · 03/05/2018 13:21

Do you have legal protection with your home insurance? If so that should help with legal costs should you need to go down that route.

I was treated badly upon my return to work from ML, no union but went legal, settled outside of tribunal, a very stressful time I won't lie.

Good luck

Aridane · 03/05/2018 13:22

Unite the Union will let you join at point of need

mummyfromnw · 03/05/2018 13:24

Thank you @Aridane I am doing it now

OP posts:
mummyfromnw · 03/05/2018 13:47

@goldangel no home insurance does not cover that

OP posts:
BakedBeans47 · 03/05/2018 13:57

The op would have to prove at tribunal the timing wasn’t coincidental.

I think though that if she can prove she got a warning letter related to a historic issue within a very short time frame of her informing them of her pregnancy and also that they tried to make her take annual leave to cover an antenatal appointment that she will be able to make prima facie allegations of discrimination.

Good luck OP sounds appalling x

mummyfromnw · 03/05/2018 14:48

Thank you BakedBeans47. Also the next day they had meeting for 2 hours, my review was delayed by an hour and first thing on my review that due to business needs they are cutting my hours from 40 to 20 hours.
I said the only reason is that I am pregnant as barely 6 weeks ago they were interviewing and offered a job for someone to join our team (they later backtracked and not emplyed the person)

OP posts:
mummyfromnw · 03/05/2018 15:01

I have send over email requesting copy of company handbook as I dont know procedure for warnings, disciplinaries, grievances etc.
I know there is none in my workplace. I also believed there should be verbal warning (with minute takings, or even notification that this has taken place). There was nothing

OP posts:
goldangel · 03/05/2018 16:12

@goldangel no home insurance does not cover that

That's a shame, it's an add on to our contents insurance, we pay less than £30 a year for peace of mind if we were ever to need help.

mummyfromnw · 03/05/2018 16:30

Good point @goldangel. I wonder now if I should be worried about this letter as there is no company formal disciplinary or dismissal process. My contract is only 4 pages long etc. and nothing about the above.
I just checked on Gov website re unfair dismissal
Your dismissal could be unfair if your employer doesn’t:

  • have a good reason for dismissing you
  • follow the company’s formal disciplinary or dismissal process (or the statutory minimum dismissal procedure in Northern Ireland)
OP posts:
TittyGolightly · 03/05/2018 16:34

They can’t follow a company procedure if there isn’t one. And they don’t have to follow a process for someone who has been employed for less than 24 months.

Your only right would be under discrimination due to pregnancy, but you’ll need to have your wits about you.

Amummyatlast · 03/05/2018 19:52

If they dismiss you because of your pregnancy it's automatically unfair dismissal, as well as being discrimination. Make sure to keep copies of everything they send you, to help you prove the link if needed.

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