Employment – Engineered dimisal Help needed
My Wife got a new job on 19/08/08 with the caveat that after 13 weeks probation she would be made a permanent employee.
These 13 weeks came and went with no negative comments about her or her works.
She had a review on 19th December and the only comment was that he was not vocal enough with the sales team and that they would have another meeting in mid January to discuss some other things mentioned. All regarding parts of the job that she didn’t understand and that would require further training etc.
During this time she has found out she is pregnant and is due on 08/06/09! Yay!
She informed them in writing of this on the 05/01/09.
Today she has been informed that her probationary period has been increased, 8 weeks after it officially ended, for how long was not specified, and that she would have a 2nd review on 22/01/09 to discuss this. Her manager also said this was stated in the last review but she must have misunderstood her. Again nothing given in writing to confirm this.
Strangly she was given a £595 pay rise today! Aparently this was given to eveyone, although I think it was planned before she gave them the letter stating she was pregnant.
It was also mentioned that she was dismissive of a request from the sales director regarding of some information yesterday. Another colleague heard this conversation and says this is untrue.
To be honest I don’t know what to do and would like some advice on how to fight this. She has had a really bad past 12 months apart from the baby and want to try and help.
Please can anyone offer some sensible advice.
Thnaks in advance
PetePosted 9 years agodjgloverMember
look at the CAB website and talk to them?Posted 9 years agoTandemJeremyMember
Join a union ( sorry but its by far the best advice)
She needs to see what is written in the company HR handbook and contract/. IIRC if you reach the end of a probationary period it is normal that you are assumed to have successfully completed probation unless your contract / hr handbook states that you have to receive confirmation to complete probation. ( it is getting more common tho that you have a clause in your contract that you have to be notified that probation has ended otherwise probation continues}
I gather you believe that she is being eased out because she is pregnant?
You do not normally have recourse to tribunals with less than a years service unless it is a case of discrimination. Being sacked for being pregnant would however count as discrimination.
I say it again – join a union. I do find it amusing that any mention of unions on here gets slagged off severly but every week there is an employment query like this. CaB / Law centres are another source of free advice or there are other solicitors or commercial advice companies.Posted 9 years agotwoshedsMember
Have a look at the ACAS website. Its got lots of info you’ll need. From my (limited) experience, employees dont have much in the way of protection in the first two years of employment. However the employer should have followed a process. OOOPs looks like TJ has covered it all abovePosted 9 years agoDavyMember
As far as I understand it, once your original probation period is up, and you don’t have a fixed term temporary contract, they are obliged to treat you as a permanent employee.Posted 9 years ago
If she’s told them she’s pregnant, and they try to get rid of her, they might as well take down their trousers, bend over the table and wait for the employment tribunal to right royally f*!k them.theotherjonvSubscriber
maternity rights are really protective – some would even say over protective.
Not that I wish to generally perpetuate a claim culture, but equally if they’re playing dirty then you can too. Unless the co is absolutely clear on their position, documented, etc. (and it sounds they aren’t) maybe even the hint of an action based on discrimination on grounds of her pregnancy would redress the balance. In reality they might offer a redundancy package that is more beneficial to avoid having to fight the claim, also in reality if it went to a claim and she won then her position back at work might become uncomfortable to the point of being untenable, but tbh they sound like the sorts of folks you wouldn’t want to work for anyway.
I’d recommend documenting all you can on this asap, and then talk to someone qualified rather than a bunch of middle aged cyclists, though.Posted 9 years agogeetee1972Member
At the moment the only thing that’s happened is that her probationary period has been extended. The issue under question is whether or not they informed her of the extension at the time the previous period expired. They have to have it in writing. Email also counts here so if it was sent but missed by your wife then they will have a record of it.Posted 9 years ago
If there is no written record, then I think, as other people have suggested, that continuing employment after the period expires implies a permanent contract
This might be a prelude to something more sinister but until that happens you probably shouldn’t worry. If it does go sour, then her pregnancy will give her a very high degree of protection. As has already been pointed out here, protection from discrimintation on the grounds of sex/gender, race, sexual orientation, belief or age is all automatically guaranteed regardless of length of service. The other thing to know is that there is no limit on how much a company can be sued for under a discrimination claim whereas wrongful or unfair dismissal is limited to a claim of £50k.winstonsmithSubscriber
they won’t get away with dismissing her when she’s pregnant and would have to be fairly stupid to try. that’s a rule most employers do know….
is she just going to get statutory maternity pay, or an increased amount from her employer? if it’s jsut smp, then they have to keep on paying even if she resigns once she goes on maternity leave. (i know this because i’ve been giving advice on the same issue in work) also it might be less stressful and better for mum n child to get outa there
anyway, as others said, go get some proper advicePosted 9 years ago
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