Where do I stand with my employer?

[chelsee13]

Hiya everyone.

So, I'm having a really tough tough time with work atm.

I work for a company who ironically support women with termination of pregnancy, in their call centre.

I started in August '18, and 1 month later found out I was 6 weeks pregnant.

I was completely honest with them from the beginning and told them I was keeping it etc.

My sickness wasn't too bad to begin with, but my performance was affected slightly as I kept running to the loo in the fear of throwing up on my desk. Once my sickness had died down, my performance improve and I was told I was doing really well. Apart from now suffering with PGP :(

Then, my world crashed. At my 20 week scan I found out my little boy has 2 types of CHD, and he will need life saving open heart surgery when he's a few days old. The doctors even gave me the option to have a termination myself. I was so devastated I can't even tell you. I had a couple of days off work, purely because my job is talking to women who don't want to be pregnant and I already loved my baby so much I didn't think I could deal with it right then.

I went back to work 2 days later, I felt ok, but the occasional phone call was hard to take, some of them were so similar to my own situation I had to have 5 mins off the phone.

I am now up for a probation review, where the managers decide if I should keep my job or not.

Due to my "performance" they are concerned about me and if I can be kept on as an employee. I have made a few small mistakes (ie wrong name spelling,) but never made a big mistake where a client hasn't had her treatment.

In a regular situation, they would extend the probation period 3 months to try and support employees to reach targets set, but I will be on maternity by then. So they are saying they are not willing to do this for me and it looks like ending my employment is the only option.

This will be so much extra stress that I don't need now if this happens, I need a job to go back too, and I need SMP to be paid easily to me.

I'm at a loss on what to do, all the extra stress has been really bad for my mental health so I have been signed off work, and I'm terrified to go back into work in case I make more mistakes and I'm out the door.

Anyone here have any suggestions on what I can do!?

Sorry for the rant

I am not an expert but that sounds like clear discrimination to. Me

Particularly this
In a regular situation, they would extend the probation period 3 months to try and support employees to reach targets set, but I will be on maternity by then. So they are saying they are not willing to do this for me and it looks like ending my employment is the only option.

I'm sorry for everything you are goi g through

I'm no expert call acas

Try contacting this organisation. They were very helpful with my situation. Good luck with everything xx

pregnantthenscrewed.com

"In a regular situation, they would extend the probation period 3 months to try and support employees to reach targets set, but I will be on maternity by then. So they are saying they are not willing to do this for me and it looks like ending my employment is the only option."

So, your performance has faltered directly because you are pregnant and you are struggling with some aspects of pregnancy related issues, and the normal response to poor performance would be probation extension, but because you are pregnant, and going on maternity leave, they aren't willing to extend?

Yep, that would be discrimination and you should not accept that. They simply can't discriminate on those grounds.

Thanks everyone. I thought the same but wasn't sure if I was being dramatic and emotional about it all. I'm in a right pickle

Can you not suggest to them that the probationary period is extended until after your maternity leave? That’s probably what I would suggest to the employer. It’s a double edged sword from your point of view though - if they terminate on performance grounds after maternity leave you’ve lost the protection of pregnancy and maternity so the dismissal won’t be discriminatory (and if they did discriminate at this point, you’ll be way out of time to bring a claim).

They aren’t allowed to treat you unfavourably as a result of your pregnancy or a pregnancy related illness so make it clear in your next meeting that any issues are linked to one or the other and give assurances that your performance will improve after your pregnancy.

If they do terminate your employment then I’d seek legal advice.

I have asked to have it when I'm back and they declined. They are also not willing to pay me smp so have suggested I leave and re apply when I'm ready

You won’t qualify for SMP but you should qualify for maternity allowance - have a look into it.

You don’t have to leave unless they fire you!

If they would ordinarily extend probation they should do so for you, particularly as the concerns with your performance relate to pregnancy. Terminating your employment in these circumstances would be a result of your pregnancy and therefore would be unlawful discrimination and automatically unfair dismissal.

You would not have qualified for SMP anyway but should be entitled to maternity allowance and are entitled to take maternity leave.

You haven't given the exact dates of your pregnancy, but if you were 6 weeks pregnant on September 1st, you'd have to have started work by July 21st to qualify for SMP. If you weren't 6 weeks pregnant until September 30th, you could have started work as late as August 17th and still qualify for SMP, so the exact dates really will matter.

I started on the 27th of August and I am now 25 weeks pregnant.

I needed to be employed 2 weeks earlier to qualify which is a real pisser!!!