Apr
Can anyone help, i have been working in a nursery for almost 2 and a half months, im on a 3 month probation period, i told my employer's i was pregnant almost 3 weeks ago, since then their attitudes changed towards me, i was not granted to go out on outings etc, but yesterday they called me into the office and stated they were sorry but they didn’t have enough children to take me on in a permanent position, however they’ve taken on two new members of staff since i have worked their, they were also advertising on the job center two weeks ago.
also this week another girl told them she was pregnant and her baby will be due a month before mine so we would both be off on mat leave together.
i looked up my pregnancy books and a few websites, they’ve all stated what they’ve done is against the law.
please if anyone else can help?
im so upset as my daughter was also in the nursery and she has just got settled!!
Answer:
go to your local citzens advice as soon as you can
Contrary to popular belief, the often-used term “probationary period” has no legal meaning. An employee on probation has exactly the same rights and entitlements as a worker who isn’t on probation, subject to any length of service or other qualifying stipulations.
An employee’s probationary status within an organisation holds no legal weight: of far greater importance is the amount of time the worker has been with the company. As with all employees, probationers are legally protected from discrimination on unlawful grounds (e.g. race, sex and age), and dismissal for most automatically unfair reasons such as pregnancy
If you’re pregnant, you can’t be fairly dismissed because:
* of any reason connected with your pregnancy
* you’ve given birth and you are dismissed during your ordinary or additional maternity leave
* you’ve taken, or want to take, ordinary or additional maternity leave
* of a health and safety issue that could mean you would be, or have been, suspended from work
* of keeping in touch (or not keeping in touch) with your employer during your maternity leave
If their sole raeson for letting you go is preganancy taht it is unlawful. There appaers to be circumstances taht recommend that was the reason for the decision and not any other business reason. Regardless of how long you’ve been employed you can not be unfairly dismissed; your preganancy book is spot on, this is unlawful. You should seek legal advice from CAB about this.
Answer:
It depends where you are located, but generally talking they have the ability to NOT fire you just because you’re pregnant. You might want to confront them about their job openings and current hirings and how it doesn't make sense that they're letting you go if they’ve positions open. Once they realize you're on to them, they may reconsider the situation. It sounds fishy to me.
Answer:
that’s total discrimination. that also happened to me at a place called Extra Foods in Whitehorse, Yukon, Canada. i was in my third trimester i think and i was late twice, and i got fired. other people were late all the time and they never even got into trouble. i didn't even bother going to the labour board because being so close to my due date i didn't need the added stress.
Answer:
You where on a trial tho, “legally” they can get rid of you when they want within that 3 months.
Ive seen it happen before not with pregnant people, but with people that wernt slicing it. They have advertised the job and then got rid of the person within the 3 months.
Isnt right, but its legal to do.
Answer:
go to your local Citizens Advice Agency, they may be able to help you sort out the legal side of this, and will be able to point you in the right direction for legal aid.
I think they’re definatly discriminating against you. And out of principle i would pursue it.
Just found the following quote at :
http://www.babycentre.co.uk/pregnancy/wo…
“Can I be dismissed because I’m pregnant?
Under sex discrimination legislation, you are protected from being unfairly treated on the basis of your pregnancy (for example, making your conditions of work less favourable than the conditions of your colleagues) or being dismissed on the grounds of your pregnancy or maternity.
If you feel that you are being treated unfairly, contact your trade union official, ACAS (Advisory, Conciliation and Arbitration Service) which has regional offices, or your local Citizen's Advice Agency.
You have this right regardless of your length of employment. “
Answer:
Lestat is entirely correct, in my opinion, but if I can add a small amendment, it would be to contact ACAS rather than CAB- in the event of a claim you're going to be going to them anyway
Answer:
Contact the Citizens Advice Agency, they will be able to tell you exactly what your rights are and if your employers are acting illegally they’ll be able to tell you how to proceed.
Answer:
Something fishy is up here. Especially since they just hired someone,while letting you go. I'd file a complaint,and talk to legal council.
Answer:
um well im not too sure about law but how long is it until your pregnency leave? comfront them telling them that if they don't have enough children why are they aplying for more employees.
Answer:
If you sue them together you have a stronger case.
Answer:
lestat is right it is illegal however you’ll have a hard job proving it and if you took action it will cost you as you’ve to pay for your own legal fee if it went to a tribunal that’s where they have you unfortunatly many employees know this fact and get away with murder in pregnant women cases.
I am angry for you it is discusting and all you need just now go and see a free solicitor to see where you stand Lestat is right
Answer:
I'm sorry to hear that u are going through this!! technically you were on a 'yrial' so unless you can 100% prove that u are being discriminated against i.e that some others have been taken on who joined after you - u could have a case - but truthfully I think that they have the ability to legally give you some other excuse and you could loose anyway if it went to court!!
In hind site it prob would have been an idea not to have told them till you signed the permanent contract then they wouldn't have had a leg to stand on!!
I know its hard I hope you sort it out!!
Answer:
http://www.inc.com/articles/2000/11/2083…
Check this link out, from what i have seen from your Q and what i have found online they have completely no right in doing what they’ve to you the only main reason someone should sack you withing your probationary period is because of your job performance and the fact they state its due to the numbers of children is a load of crap, specially seeing as they’ve employed more staff and progressed the business it doesn't add up go to your local citizens advice and take this case further. i know full well that the courts do not think highly of sex discrimination towards pregnant women i am actually shocked that they have done this and they’re a nursery it is totally appalling take this further don't just sit on it!!! they are so in the wrong.
Answer:
That's such a shame, you were just being honest and look where it got you! I would have thought that because it is a three month trial then they’re within their rights (although def morally wrong) but if you have read otherwise then I would recommend you go to our local citizens advice , they will be able to give you free legal advise and you can take it from there, if you do take things further like threaten to go to the local papers im sure they would not want the bad publicity! Really sorry this is happening to you, the last thing you want to have to deal with. All the best x
Edit: just read the bits you added - the more Ive read I dont think they can get away with this! Especially as the reason they have given you is that they dont need another staff memebr and then they’re advertising for more staff…..you are beong discriminated against for sure, go get advise ASAP. Good luck x
Answer:
The trial period is still permanent!!!!
You really should speak to somebody about this! Im sure thats unfair dismissal and they have just fatigued to cover it up. They had already taken you on full time permanently the trial period is to make sure your upto standard and if your not they get rid and state your not right for the job! And if there still advertising a vacancy then they’ve done this so sneakily.
Speak to somebody and get it sorted out. They shouldn't have dont this!
Good luck
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