Can you get rid of a pregnant lady?

Miss_Pixie

My friend owns a small shop. She runs it along with three employees who do various shifts. She is pregnant and going on maternity leave soon, so in August she recruited for a temporary position to cover her maternity leave, and appointed the best lady who applied.

The lady has been working for a month now and has been fully trained up on everything she needs to know. On Friday she told my friend she is pregnant and wants to leave at 11 weeks before her EWC which is around the same time as my friend was hoping to stop working, and she is hoping to claim SMP off my friend.

The lady applied for the job knowing she was pregnant and knowing it was for maternity cover. My friend explained the reason for the position , her due date and why it was temporary at the interview but the lady never said she wouldn't be able to fulfil the whole contract due to her own pregnancy.

My friend is now very worried as she wants to get rid of the lady so she can take one somebody else who can be trained up before her maternity leave, but she can't dismiss the lady just because she is pregnant as that is discrimination. She never noticed the lady was pregnant as she is a larger build lady and my friend just thought she was quite plump! The lady's work has been excellent so there are no grounds for getting rid of her for poor work or poor timekeeping or anything like that.

Is there anyway my friend can get rid of this lady? She knows this sound very harsh but my friend is annoyed with the lady taking on the contract knowing fine well she couldn't fulfil it as she was pregnant when she applied for it, and the lady was well aware of my friends pregnancy and the reason the job was available.

She cannot afford to take on another employee as well as this lady. At the moment she is extremely upset as it is likely she will have to work up until her due date and then return to work soon after birth so she won't be able to breastfeed her baby when really she wanted a few weeks off before baby arrives to get things sorted and was aiming to breastfeed until baby is of weaning age.

Any advice would be appreciated.

oscarsacco

Not sure where it's laid down, but my OH had to have been employed for 26 weeks by the time she was 12 weeks pregnant, so I doubt that this lady will be able to claim from your friend. She may be able to claim maternity allowance, direct from the Govt, instead.
Hope this helps!

kj*daisy

I think if the lady was already pregnant when she took the job then the same rights for maternity pay etc will not apply. I'm not sure about the right to return to the job afterwards. Your freind needs to get proper legal advice on the situation to find out what she can do.

withabix

Your friend runs a small shop. There is a massive recession on its way (its already here). Your friend can just get rid of her, pregnant or not, as she has been working for her for less than 12 months. Pregnancy doesn't suddenly over-ride the lack of rights for under 12 months' employment.

1 week's notice would be fair. There's a recession on after all.

SomeBozo

Not wanting to anger pregnant women everywhere (which given the title of the thread it will) but you can sack anyone within 3 months of start and give no reason.

Bozo

withabix

SomeBozo wrote: »

Not wanting to anger pregnant women everywhere (which given the title of the thread it will) but you can sack anyone within 3 months of start and give no reason.

Bozo

Urban myth.

12 months is the time period.

Loopy_Girl

I was in the same situation.

I accepted a job on the Friday, started the following Wednesday and the next evening I found out I was pregnant. I was stunned and had no idea and it was pretty unpleasant from a few members of staff who were whispering that I must have known when I took the job. I genuinely didn't and if I did then there is no way I would have left a job I had been in for 7 years to start that job as I would have got maternity pay.

As it was, all I was entitled to was Maternity Allowance from DWP so I don't think your friend has anything to worry about re paying SMP.

timnicebutdim_2

withabix wrote: »

Your friend can just get rid of her, pregnant or not, as she has been working for her for less than 12 months.

Surely though sex discrimination is sex discrimination whether you've been working there 2 days or 2 years??

SomeBozo

withabix wrote: »

Urban myth.

12 months is the time period.

We write 3 months into every contract.

12 months with no reason is a headache due to benefits, NI contributions, re-staffing.

Bozo `

withabix

timnicebutdim wrote: »

Surely though sex discrimination is sex discrimination whether you've been working there 2 days or 2 years??

Unfortunately (or fortunately depending on where you are positioned), employment rights are very limited until you've been working for the same employer for 12 months.

You can't however get rid of them because they are pregnant.

shellsuit

No, you can't get rid of a lady who is pregnant, as that's discrimination.

To anyone who says otherwise, believe me, I'm 10 weeks pregnant and have been reading up on working and rights whilst pregnant for the past month.

She won't have to be paid SMP as she hasn't worked there long enough, but she cannot be sacked.