help needed re claim against wmployer (sorry long)

[Katiestar]

I was taken on a years fixed term contract at 22 hours per week.The job had previously been done by someone fulltime.I managed to cope by woprking many extra hours (unpaid) when I had been there about 3 months I was offered another job (which I had applied for before taking this one on)My employer ageed to match the pay because they wanted me to stay and were impressed with my performance and commitment.After another 3 months I became pregnant and was very sick and tired.I struggled into work but worked fewer hours (although still more than the hours I was paid for )Although I manged to adhere to all the deadlines I was set I couldn't keep on top of all the filing and non-essential bits and bobs.A couple of months later my DH fell out with one of the directors about something which was nothing to do with me or my employment.(Basically DHs firm had done some business with my employer and they were trying to pin their problems on DHs firm)This director (who was also my line manager) made a very abusive phonecall to my DH at 9 oclock at night, when we dining with friends, shouting and swearing and referred to me as 'your F*cking wife) my DH told him to stop swearing and who the hell did he think he was.
The next day the director was a complete bastard to me and I handed in my notice at which point he told me how crap I was.I told the director that i felt i had no choice but to resign and I left there and then..A few days later i miscarried
Now,6 weeks later i have started applying for other jobs.I have now found out that my ex employers are giving me crap refernces.
The problem is i was there less than a year but I want to make a claim for constructive dismissal and possibly sex discrimination too.Any advice

Bumping for you. Sorry you have had such a hard time.

Not sure re possible sex discrimination, cant see anything in your post that says they treated you differently to a man.

You are correct in that you have very few rights with being employed for under a year, you can usually only bring a claim after you have been there a year. Less than a year, you would have to prove you were dismissed for an unfair reason - but you resigned so dont think that applies.

I believe you also have to exhaust the grievance process first as well.

The reference situation, ask for a copy - they have a duty by law to give a truthful reference so they can state good/bad as long as its factually correct.

Personally, I would resolve the reference issue but put the rest behind you.

Flowery is your best person for this as she is the HR guru.

I think you have to separate your issues with the company from those that the company had with your DH. eg. if the company rang your DH about an issue - that really is nothing to do with the way they treated you (although I admit the name calling is very unprofessional).
Did they carry out a risk assessment for you to take into account your pregnancy and/or did you submit a doctors note to cover your medical problems?

On the sex discrimination thing.It is a well established fact that part time workers are predominatly female, so would putting a fulltime workload on a part time job be discriminatory ?

On the sex discrimination thing.It is a well established fact that part time workers are predominatly female, so would putting a fulltime workload on a part time job be discriminatory ?

Sorry katie I think your best bet is trying to iron out the reference issue and then moving on.

With less than a year service you can't claim unfair dismissal, however unfairly you might have been dismissed or not. In any case by resigning you would have made it extremely difficult to claim constructive dismissal. You would have needed to bring a grievance first ideally.

But regardless of that, you don't have enough service to claim unfair dismissal, other than in exceptional circumstances, which would include discrimination.

However I can't see anything in your post to indicate that you believe any of this treatment was because you are either a woman or pregnant.

I'm sorry you've had such a rough time. They can't say anything negative in a reference unless it can be backed up by facts. So for example if you had a poor attendance record, they could say that, or had a disciplinary warning on your file, or something similar. When you say they are giving you 'crap references' what do you actually mean?

Re: crap reference. May be worth exploring and getting legal opinion. As you know, the time frame in applying to tribunal is 3 months, but may depend on when you were aware of the negligent reference....

Thanks everyone for your replies.I am going to CAB tomorrow to get advice on how to sort out the reference dilemma.
I am registered with a well-known agency and they put me forward for a job which was nearly the same as the one I left.They seemed very interested and said tehy would take a reference from my ex employers (they have business dealings with them ).When I got home there was strangely a missed call from my ex employers number ? But since then I have heard nothing from the prospective employer of the agency and they were planning to do interviews on Tuesday.
Also when i gave my notice in, they said they would pay me in lieu of notice which they later reneged on.I might see about claiminng against them for that as well because it was only part time and I think it would cost thyem much more to defend it than pay.

Katie when you say they reneged on their agreement to pay you in lieu of notice, do you mean they instead required you to work your notice? I don't think you'd have any kind of claim there I'm afraid.

What makes you think your ex employer is giving 'crap references'? Have you asked the agency?