Private ante natal appointments

[KacyB]

Hi,

I am 27 weeks pregnant and have decided to go private for the birth of my baby.

I am currently employed full time on a contract, which finishes two weeks before my due date.

As soon as I told them of my pregnancy, they made it immeadiately clear my contract would not be extended (that had previously been the plan, but I have nothing in writing) and hired someone else to do my job This other person has now started and we are in a period of 'handover'.

I have been allowed to take time off my midwife appointments so far, but this has been begrudging and I've been asked more times than I care to remember to 'keep them out of work hours' which is impossible on the NHS.

Anyway, I've decided to go private but I think that some of my appointments may still fall within work hours - though with much less hassle... Am I still allowed to take work time off even for private appointments? I'm wondering if I should even bother to tell them?

Thanks for the advice!

of course you are

Lots of luck for the forthcoming event!

I hope you haven't gone private cos your employer asked you to keep appointments out of work hours. You are entitled (by law) to time off for all antenatal appointments. (But i know its difficult to enforce this with some bosses.)

Thanks for the advice... No, it's not the only reason I've decided to go private... BUT.. I am concious of keeping this contract at least until Mid May - I will earn more in that time than it will cost to have a private birth, so it still makes financial sense, IYSWIM. Because I am on contract work, I am not eligible for SMP. I might be able to get MA, but that's only £112 a week

thanks again!

How long have you been there KacyB? I am wondering about your statement that because you are on contract work you are not entitled to SMP - that's not the case. Whether it's a fixed term contract or not is irrelevant, so you might be, there are other factors that decide that.

It also sounds as though your job will be still there, is that right?

I've only been on this contract since Christmas, so not long enough to claim SMP........ I've checked it with CA and also the job centre and it doesn't seem there is anything I can do about it.

Yes, the job will still be there, but the company have now employed another person to do the job and I'm handing over to her.

I suppose that's one of the things I'm a bit worried about - the handover can't take 3 months which may mean they try to finish my contract early which I really can't cope with financially... hence, I am trying not to antagonise them with ante natal appts!!!!

Arghhhh

Maternity Allowance may not be as much as SMP but its still useful. (I sent off for mine on the Monday and got a letter granting it on the Saturday - quick work by the relevant dept!).

Flowery is much better and has heaps more knowledge about this than I do, but if you are worried about antagonising your employer and them cutting short your contract cos you are pg, then that goes into discrimination territory. The law is biased in favour of pg women at work.

It does concern me that you were under the impression your contract would be extended, the job is still there but as soon as you mentioned your pg you were told otherwise and they got someone else in.
If you are being dismissed because of your pg that is automatically unfair. Similarly if they end your contract earlier because of your pg when you are perfectly able to continue to work that would be unfair as well. Unfair dismissal rights don't usually apply until you have a year's service, but there are exceptions including where there is discrimination.

Did you have a chat with the CAB about this at all? What did they say?

And to answer your actual question, it makes no difference whether your appts are private or NHS.

I can't see what I can do about the job now. They have already taken someone else on... If I'm honest, yes, I do think it's because I'm pregnant - her start date was timed to co-incide with my holiday (for half term - we had my SDs) and I was told to leave my PC etc., for her to use (which haven't been returned to me)

Nothing else has been mentioned, but (how do I put this mildly...) I haven't exactly got a lot to do now... There are a few odds and ends, but I can't see how this can be maintained for 3 months. Right now, all I am really bothered about is not getting 'released' early....

Thanks again for all your help, it's much appreciated!

KacyB I do think you should consider going and having a chat with the CAB anyway. There is a distinct possiblity this is sex discrimination and unfair dismissal. You may choose not to pursue it but it might be worth having a chat with them just to understand what your options could be with regard to taking this further and pursuing a claim for compensation.

Have a think about it anyway, and certainly don't allow them to give you hassle about your appointments!

KacyB - I think FBB has given you very good advice there - tbh my first thoughts on reading your post was that you have suffered a disadvantage at work resulting from the fact of your pregnancy. Thankfully that is not legal! FBB - can you tell me if what a friend told me is correct - that as the employee the onus is not on you to prove the discrimination but on the employer to show that they didn't?

NL how are you at wading through legalese? Stuff here about burden of proof in these cases and when it shifts from employee to employer.

Basically if the employee can demonstrate that on balance of probability, there was discrimination, the burden is on the employer to show that there wasn't or is a reasonable explanation. That's simplistic, have a read of the link if you're interested, it's reasonably accessible.

Burden of proof in tribunal is not the same as in a court of law as you probably know - there's no need to prove anything 'beyond all reasonable doubt', it's more about probability.

Thanks for the link - v interesting if a little 'dry'

I think she's may be self employed rather than a temporary worker. Do you contract through a company of your own? Do you have a consultancy contract with your client which says you are self employed?

NL- I have gone after a more accessible explanation phrased better than mine and from an 'official' source if it might help your friend, and if anyone else is reading who is interested and finds the link a bit much!

CIPD says 'The basic principle has always been that once an employee has established some initial evidence which suggests that in the absence of adequate explanation there could have been discrimination, the employer has to prove that they have not discriminated.'

thanks fbb