Sacked from my job!

[lottie10312]

Hi Guys!

Sorry for the long post but it's a long story... So August last year I started a new role within my company and was told I had a 6 month probation period, which would end 14th February 2018.

I thought this was reasonable and set about doing my job. I was 21 at the time and this was a role I had never worked before, and my boss decided to give me a shot because marketing was the career I wanted to be in. I explained very clearly that I had only ever studied theory and had never actually worked in a marketing role, and he promised to support and help me learn.
So 14th Feb comes and goes and I had nothing from my employer about passing or failing my probation. Naturally, I assumed I had passed and kept going about my business.
There was a small amount of time where I was very sick with constant UTI's and infections and was admitted into hospital, plus my MC in December last year (which I only took 1 day off for, btw!). When I returned in January, I'd had a return to work interview where my boss expressed his concerns. I took all of these on board and had no further time off.
Until recently, that is. nearly 2 weeks ago, I told him I was 6 weeks pg as I had been advised by mw to get a good support system in case things went wrong again and I considered him my friend and my boss, so I wanted to share the news. The following week I was admitted to hospital again following some severe bleeding (nothing to worry about, thank god) but advised to have bed rest until the bleeding stopped.
I actually went back on the Monday, despite still bleeding but I was acutely aware of the previous conversation we had. I had another return to work where he again expressed his concerns. I told him I take those concerns on board but he wasn't actually allowed to count my pregnancy related sickness (included the mc in december) into any HR decisions.
Well monday (30th April) I finally had a review meeting scheduled, something he was doing with every member of the department. I wasn't concerned too much as I know I have produced some good work since being there and had self-taught a lot of things. He had even praised me for my work when I had been left in the department on my own for a week.
So this meeting goes down and he tells me I have failed my probationary period and they would not be offering me a permanent role. Naturally, I was devastated. He went on to cite that my work was of poor quality, I was googling things that were personal (a common practice in the business) and this counted as gross negligence and I had taken too many sick days (although I never actually exhausted my 5 sick days per year).
Bear in mind that the head of HR has taken more sick days in the first 4 months of this year than I have in the entire 3.5 years I was working for the company and she had had no consequences, and a colleague had sent 4000 (!) personal emails in a day and only received a final, written warning.
I just find this all very convenient, and I genuinely believe I have been wronged by my employer, and someone I considered a friend.
I just want someone elses opinion on this as my fiancee and family are urging me to take this to tribunal, but I don't want to go through all this stress without actually gaining anything at the end. I am only looking for acknowledgement that I was wronged and to be paid for the full 1 calendar month notice period I am entitled to (he told me he would only pay me for a week).
Oh and I'm not entitled to full employment benefits as I have only been continuously employed for 1 year.

Thanks in advance and sorry again for the long post!

Are you thinking that they are discriminating against you because of the pg? Otherwise I'm not sure what grounds they think you may have to claim. Does your contract specify a notice period, and does it differ during and after probation.

I’m really not sure, I’ve never been in this position before- I just find it odd that they spared no thought to a review meeting until I mentioned I was pregnant.
During probation notice is 1 week and after 1 month.

Yes you should have been OK with pregnancy sickness

4000 personal emails in a day? Is that even possible?

They should pay you your notice period, yes. As you've been there less than two years they can dismiss you, and it would be hard to prove it is pregnancy related.

If they are refusing to pay you the contractual period then I'm not sure where you can go with it or if it's worth it.

What does your contract say you are entitled to if you fail probabtion?

With less than 2 years service you are what's termed as an unprotected employee and not able to claim unfair dismissal. Your only hope would be a sex discrimination claim but it would be hard to prove. You should be entitled to your 1 months contractual notice, either to work or paid in lieu.

I would phone ACAS and seek some advice quickly. If you have been with the same company for 3.5 years with no break in service it would be very difficult to enforce a failed probationary period and you should have protection against unfair dismissal.

Has the correct process been followed by your managers i.e. Have they followed their own internal processes to the letter? Have you had the required meetings with objectives set, development needs identified and a reasonable time to improve? Has the absence policy been followed correctly?

I would start to put together a clear timeline of events - dates, times, meetings, who attended, what was said. Include all of your absences so that you can talk through it all logically.

My initial response is that you have a case for unfair dismissal and possibly a discrimination claim but you need some expert advice.

Finally, what outcome do you want? Do you want to retain your job, be moved to your old role or receive compensation? It's worth being clear in your own head what you want to happen.

Can you clarify if you have been continuously employed with same employer for less than a year or 3 1/2 years?

Apologies, ignore that. I've just read to the bottom that you only have 1 year continuous service. Sorry .

However, still phone ACAS as they can advise on notice period and where you have a discrimination claim, it sounds likely but could be very hard to prove.

If you've been with them over 2 years then you have unfair dismissal rights even if you moved jobs so if they've dismissed without following a proper process then looks like you have a claim. On top of this I wouldn't be surprised if pregnancy was a factor - funny how they only manage to tell you you've failed your probation 2 months later and after you've announced your pregnancy.

I would contact Acas and ask them to help you with early conciliation which you have to do before you issue a claim and see if you can get a reasonable settlement.

Sounds like unfair dismissal and automatically unfair dismissal due to pregnancy to me (employment lawyer). Google for the Acas website (make sure it is Acas & not a company) and register for early conciliation or ring them if you can't find the correct page. X

So I’m a bit confused. You’ve been with the company 3.5 years - but the new role had a probation period.

Did you have continuous pay slips from the same company?

I’m not an expert but would have thought 3.5 years qualifies for employee rights.

Get some legal advice and fight this op. Bullies need to be challenged.

Yes, I've just re read, I don't understand the whole been with them 3.5 years but only one year continuous service, can you clarify?

Put together a clear timeline of start date, sickness etc. Align what your contract says re probation timescales, sickness policy. Also align outcomes of appraisals and any feedback on your work good or bad. Also align when you told them of Pregnancy and when you were told you failed probation. Also the misconduct policy

You are trying to get clarity about whether what they have done is permitted under contact or policy and this timeline will be invaluable. Collect appraisal and email evidence NOW before you have to leave the building.

Take that so a free source of advice initially: ACAS, union etc. Get a feel for whether this is unfair dismissal.

Get a good lawyer. If you can prove you were sacked for being pregnant (eg no other reason that is within policy) you could have a very good case. A good lawyer will only take this on if there's clear evidence.

Good luck. Shitty behaviour from them.

Is It just this department you've been in for less than a year but the company 3.5 years if so you are protected a bit better ....

It doesn't matter how long you have worked for an employer you can formally challenge a decision (through ACAS and employment tribunal) if it was discrimination on the grounds of pregnancy. Even if it isn't it is worth getting advice on whether you have actually been employed for more than two years, whatever the agreement.

First step is to use any internal appeal procedure. After that early conciliation (trying to resolve with an outside body called ACAS), then Tribunal. It is important not to miss the deadline three months less one day to go to ACAS. Website for CAB below with the steps and some info on discrimination. It is important to challenge if you need to claim a job seeking benefit (JSA or universal credit) because one of the first things they check is reason you left and you might be sanctioned (see high level sanctions link below)

I volunteer with CAB. Every citizens advice is an independent charity. worth contacting your local one -some can give you only have some basic information you'd find on our website, some may offer free half hour with a solicitor, others might be doing a project and offer more help. (There is no such thing as a general 1/2 hr free advice from a solicitor).

(The links apply to the law in England)
www.citizensadvice.org.uk/work/leaving-a-job/

www.citizensadvice.org.uk/work/discrimination-at-work/taking-action-about-discrimination-at-work/

www.citizensadvice.org.uk/benefits/universal-credit/sanctions/check-sanction/

Sorry yes. You also need to align when you started at the company. You should have the protection of 3.5 years of continuous service but I'm not clear on this. Hence good timeline and good advice

Hi Lottie
I am an employment lawyer so can hopefully add to the advice already provided so far.
It sounds from your post as if this was a new role with an existing employer so you have worked with the same employer for 3.5 years but in different roles during that time. If that is the case, then you have an arguable unfair dismissal claim. I would also argue with you that you can also claim that you have been treated less favourably than other employees and it’s more than a coincidence that this happened shortly after confirming your pregnancy and your pregnancy related illness. If you want to stay with the company, I would send in a letter of appeal setting out your concerns and the fact that no performance process has been followed and your points about being treated less favourably because of your pregnancy. If you do not want your job back then contact ACAS and go through the early conciliation process. Make it clear you will pursue a claim for unfair dismissal and pregnant related discrimination.
I’m sorry you are going through this. It must have really knocked your confidence. The best way to recover your confidence is to fight for yourself.

Hi all,

Thanks for your replies- it’s certainly given me a lot to chew over!
Just to clarify, I was with the company for 3.5 years total, however I had a break in employment for 5 months hence no continuous employment. I joined them again April 2017 before starting my new role in August 2017.
I have emailed and requested all of my dismissal notes etc from HR so we’ll see what they come back with.
I just feel incredibly let down by my employer. Although after speaking to my mum earlier, I realised that every pregnant woman in the company has either left or been dismissed, so I’m really starting to wonder if there’s a common thread somewhere!