Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Work

Chat with other users about all things related to working life on our Work forum.

Let go during first pregnancy on a technicality

73 replies

SufiO · 15/11/2022 13:01

My Mrs has recently been let go during her pregnancy on a technicality. It's really frustrating and I'm going to describe the details that led to this below.

My Mrs is a highly regarded primary school teacher in London, UK who was offered a role at a highly coveted local private school with a 10k pay-rise and perks to boot. As a result she asked out of her current role a school whom she's been with for the past 3/4 years since graduating. The school forced her to stay on as the new school term begins 2 and a half months after and her notice period was 3 months. Come September, she's back at her incumbent school and we're pregnant for the first time and that same notice that she requested in late spring/early summer is being used to force her out in December. Is there anything we can do about it, we'd have to lose out on maternity pay in particular.

OP posts:
FarFromTheStart · 15/11/2022 15:47

SufiO · 15/11/2022 13:18

The private school has been out of the question since the summer and there had only been one notice handed which was c/ 6 months prior with a very clear reasoning.

Then why mention it? It just confuses the issue.

Is this correct;

she resigned, her resignation was accepted and She then asked to rescind her resignation, which was refused?

FarFromTheStart · 15/11/2022 15:48

Newlifestartingatlast · 15/11/2022 13:25

Nope. Lost me when you said “we’re pregnant”
only one of you is pregnant- the one with the womb that has a feotus growing in it
it is not a passive “ carrying a child” activity. Pregnancy is growing a child to around 8lb from the mothers bodily resources -not by magic
you conceived a child together ( assuming you provided the small gamete). One single cell. Congratulations. But that’s it until baby arrives.

but good for you to be trying to help your wife. Keep that up and remember having a parasite inside you taking resources from you for 9 months is bloody hard work - no matter how beloved the parasite is

Oh do sod off. His phrasing is perfectly normal, and in no way called for that rant.

Floweryflora · 15/11/2022 15:48

They’re a lot of fluff in here making it difficult to understand. The crux is

she handed her notice in effective December.
she has nothing to say she was not leaving in December, that she was being kept on past this.
she’s now pregnant and leaving in December as per her notice period that she requested

why didn’t she a/ discuss notice periods with her lt before formally resigning.or at least read her contract. B/resign after she got the contract c/ formally rescind her notice and get it in writing that was accepted and she was being kept on.

she is clearly not being fired. She resigned.

brighterthanthemoon · 15/11/2022 15:51

If you quit you've quit

FarFromTheStart · 15/11/2022 15:52

SufiO · 15/11/2022 13:52

As with most things, I'd say the employer likely has a better documented record of conversations unfortunately. There is no documented record from our side of the school agreeing to keep her on for the 22/23 year and as many have suggested above I don't think legal recourse is the way to go.

But are you alleging that they did agree to this?

It still sounds as though she resigned at a date that ment that she’d leave at the end of this term, and you’ve not clarified whether the school agreed to rescind the resignation.

PatsyJStone · 15/11/2022 15:56

Is her copies of all emails, letters etc. then ring ACAS for guidance.

PatsyJStone · 15/11/2022 15:56

Should have said get/gather

Soontobe60 · 15/11/2022 16:03

Teacher here.
Your wife, from what you say, was offered a new job in June 2022, handed in her resignation but as it was after the 31st May, which is one of 3 resignation dates all schools who follow the Schoolteacher Pay and Conditions document (known as there Burgundy Book) have to abide by. Her school told her that unfortunately as she had missed the resignation deadline she would not be released until December 2022. This is very common.
Resignation dates are
Leave on 31st December resign by 31st October
Leave on 30th April resign by 28th February
Leave on 31st August resign by 31st May.

She then informed her new school that she couldn’t start until January 2023 and was told they could not release her early.

Hindsight is great - what she should have done is to ask the school if they would release her early IF she secured another post. The fact that she became pregnant is totally irrelevant. She now has no job after 31st December, but her being pregnant won’t stop her applying for other positions. She cannot be penalised because shes pregnant.

Soontobe60 · 15/11/2022 16:04

SufiO · 15/11/2022 13:27

Not the purpose of the post, the crux of the issue is the school refused to let her leave during the summer when another role was available. She then had to stay with the school and the other offer has had to fill their role for the year. There had been verbal discussions of her staying on through the school year as is usual, but school know want her out in December. Without the looming pregnancy, it'd be fine for her to wait it out for another role although financially difficult. The crux of the question I wanted to know is the legality of the school using a notice that was issued 6 months prior to let an employee go.

They haven’t ‘let her go’. She has resigned.

strawberriesplease · 15/11/2022 16:06

FatAgainItsLettuceTime · 15/11/2022 13:17

Ah sorry just saw your update. It doesn't really change the situation though. She gave notice, her notice was accepted on the teacher notice timeline. The private school wanted her earlier and weren't willing to wait so withdrew the offer. Her existing school have chosen not to agree to her request to retract her notice. They are allowed to do that.

Oh no they are not.

You can change your mind and stay right up to the final hour

strawberriesplease · 15/11/2022 16:10

Actually, I'm wrong! Just researched it.

Clymene · 15/11/2022 16:14

I'm surprised she doesn't know about the notice periods. They would have told her. She's had a long time to look for a new job.

And this is nothing to do with her pregnancy. It just makes the timing less convenient for you

medicatedgift · 15/11/2022 16:18

She handed in her notice. It's not because she's pregnant.

brighterthanthemoon · 15/11/2022 16:19

It's nothing to do with her pregnancy she doesn't have a right to her old job back just because she is pregnant. Look at the timings she might still qualify for maternity pay.

LIZS · 15/11/2022 16:20

So she wanted out but never withdrew her notice? Teaching notice periods are quite specific.

AnotherDelphinium · 15/11/2022 16:26

You really need to get a hold of her original resignation and see what it said.

Because if it was 'I wish to resign as of July 22' they cannot use this as 'I'd like to resign December 22'.

Once you've got a copy, please post it here and better advice can be offered.

Floweryflora · 15/11/2022 16:32

She has clear;y resigned with end date dec and as the school do not know she’s pregnant it’s nothing to do with that, they’ve elected they don’t want her continuing to work there. Your wife knows this. Why are you posting this and not her?

AriettyHomily · 15/11/2022 16:37

She resigned. Nothing to do with first pregnancy or tenth pregnancy, not sure why you think that's relevant? Also she's pregnant, you're not.

MarshaMelrose · 15/11/2022 18:34

Why are you posting this and not her?

MNers often pose queries on behalf of other people. What's wrong with that?

FarFromTheStart · 15/11/2022 18:35

strawberriesplease · 15/11/2022 16:06

Oh no they are not.

You can change your mind and stay right up to the final hour

How so? If you’ve resigned from a job, and had that resignation accepted then what legislation do you think allows you to change your mind and have your employer accept it?

Are you confusing resignation with maternity leave?

PlutoCritter · 15/11/2022 20:35

OP they are not firing her.

she handed in her resignation, she changed her mind due to circumstances, her employer is following through with that

it's literally nothing to do with pregnancy, you said so yourself!

the wording in the OP's updates is SO unclear, emotive, let's stick to the facts rather than waffle ("my mrs?" "we're pregnant", christ alive).

notapizzaeater · 15/11/2022 22:26

How pregnant will she be on the actual leaving date ? She might still qualify for MP

Floweryflora · 16/11/2022 08:30

MarshaMelrose · 15/11/2022 18:34

Why are you posting this and not her?

MNers often pose queries on behalf of other people. What's wrong with that?

I didn’t actually ask you. You don’t need to rush in all bustling like it’s your thread, Answer questions aimed at you. It’s poor etiquette to pretend you’re the op and answer on their behalf

and I shall Respond. And it’s because the ops wife might be wishing to leave this job. And not wish to continue and the op is trying to force it. Clearly what he or she is posting is a load of mixed up nonsense. So wanting to know the wife’s view would be interesting.

New posts on this thread. Refresh page