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Probation and pregnant - advice - help

3 replies

Firesidetreats1 · 11/11/2018 12:14

I’m pregnant and I’m on probation - I’ve been reading that it is illegal to dissmiss someone for this reason - however what if they make up another reason? My probation is due to end by the end of November - do i wait until then to tell my employer or do I tell them as soon as. Has anyone experienced this, it’s stressing me out. I’ve been with the company for 2 and half years but I’m in a new role which means a new probation period.

OP posts:
Alfie190 · 11/11/2018 12:39

The only reason anybody (pregnant or not) can be dismissed during or after the probation period is if they are not performing the role. Evidence of the non performance and of you being given direction on what needs to improve and how you can do that would be required. They cannot just announce at the end of the period that you did not pass probation.

By the way, I find it very odd that they have put you on probation for a new role even though you have been there for 2.5 years! If you do not pass probation, is the agreement that you go back to the previous role, it surely cannot be that you leave the company? Did you sign away your right to continuous employment or something?

Personally, I do not think you have much to worry about here and tell them of the pregnancy whenever you think it is appropriate.

FanSpamTastic · 11/11/2018 12:45

If you have already worked for the same organisation for 2 years then you should already have protected rights. Unless you have signed a new contract that says this is a new period of employment?

What would happen if you did not pass the probation period? Would you return to your old role?

To be on the safe side I would not say anything to work until probation period is over. It depends on whether you need to tell them from health and safety perspective or for appointments. I did not tell my employer until 20 weeks with my last dc. I worked part time so all appointments were on my day off and there were no health and safety issues. I think they just thought I'd gone a bit OTT at Christmas and had way too many mince pies!

flowery · 11/11/2018 15:17

If you’ve been working for the over two years the new ‘probation’ is irrelevant. At this stage not only is it unlawful for them to sack you for being pregnant, it is also unlawful to sack you at all without very good reason and following a proper process.

Don’t worry.

By the way this- “The only reason anybody (pregnant or not) can be dismissed during or after the probation period is if they are not performing the role. Evidence of the non performance and of you being given direction on what needs to improve and how you can do that would be required. They cannot just announce at the end of the period that you did not pass probation.”

  • is a load of nonsense. Normal probationary periods obviously don’t involve long service, and with a standard probationary period it would be perfectly lawful to dismiss either during or at the end of it without having raised performance concerns.
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