Can you get rid of a pregnant lady?

timnicebutdim_2

From this random book i've found if you see Webb v EMO Air Cargo Ltd (1994), Webb was dismissed because she was pregnant, and had only been recruited to cover another employee's maternity leave. The European Court of Justice ruled that any dismissal relating to pregnancy had to be sex discrimination.

withabix

shellsuit wrote: »

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

Only if you don't have a valid reason for getting rid of them.

For a small business, not needing them any more due to the recession could be a valid reason.

shellsuit

Actually Miss Pixie, I do feel for your friend.

I've wanted to change my job for ages and 2 came up a few weeks ago, but I wouldn't have the nerve or cheek to start a new job, then expect paid time off for antenatal appointments etc...

Saying that though, the lady might not have known she was pregnant when she applied for the job, so I wouldn't think bad of her unless you know for definite.

Don't forget that your friend must do a risk assesment with the lady.

I'm still waiting for mine.....all I got told was "don't lift anything heavy", so it should be fun as I start to show because there won't be a lot I will be able to do then!

shellsuit

withabix wrote: »

Only if you don't have a valid reason for getting rid of them.

For a small business, not needing them any more due to the recession could be a valid reason.

If that happened, they would have to let someone else go, unless they were the only employee.

withabix

Not true, as that itself would be discrimination.

All that the DWP requires is that:

If you’ve been employed for a year (or you’re pregnant or on maternity or adoption leave), you have the right to a written statement of reasons for your dismissal if you ask.


and

A woman who's dismissed while pregnant or on maternity leave is entitled to written reasons whether she asks for them or not, no matter how long she's worked for the employer. (The same applies to someone who's dismissed while on adoption leave).

tinkerbell84

Last in first out would be fair reasoning, despite her pregnancy

Lemoncurd

shellsuit wrote: »

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

Not quite true, pregnancy can not be used as a reason for the dismissal. However if the shop is overstaffed or needs to cut costs then there is no reason why the pregnant lady can't be considered. At 12 weeks pregnant I was told that my role would be made redundant, it wasn't discrimination, I can totally see why my role was an obvious candidate for redundancy and it was nothing to do with my pregnancy.
As others have said, this lady would not be eligible for SMP as she would have needed to have started work just as/just before she fell pregnant.

Perhaps ACAS could give your friend some further advice on the situation?
I really feel for her, ethically I didn't feel that I could look for a new (permanent/longer term) job during my pregnancy as I felt too bad about the idea of working for a company for a month or two and then taking the leave.

timnicebutdim_2

If there are justifiable reasons for redundancy then fair enough, but if the post is replaced immediately after the person has been made redundant then it would be a sham redundancy and a claim for sex discrimination would still stand. It wouldn't look good at an employment tribunal and the onus would be on the employer to provide evidence that it was a genuine redundancy.

tsstss7

Firstly this new lady will not qualify for SMP unless she was not pregnant when she started working in the shop (so if she did know she was pregnant when starting work there she will have a shock). Perhaps however she just wanted to work as you need to be employed for a certain amount of time to be eligible for maternity allowance.

However inconvenient it might be to your friend, I do not believe that she will be able to make this lady redundant and then employ someone else in her place as that would most likely give the employee real ground sfor a sexual descrimination case.

Miss_Pixie

My friend was planning on packing in work around mid January after the Christmas rush. Her baby is due on the 3rd March.

The lady wants to finish work before Christmas (busy time in shop), as her baby is due in March.

My friend really needs to get rid of her to train someone else up now before the Christmas rush starts, but at the moment the pregnany lady's performance has been excellent so unfortinately the only reason for dismissing her is the pregnancy.

The lady started in September and must have been around 3 months pregnant them. She mentioned they had been trying a while before she concieved and talked about her 12 and 20 weeks scan on Friday, so my friend is under the impression she knew she was pregnant when she took the position.

It's really hard as she would be pleased to bend over backwards to help any of the existing ladies if they fell pregnant, but she feels like she has been kicked in the teeth by having to keep this lady on at the expense of her own maternity leave. She doesn't want to do bad by the lady, but at the same time she has her own pregnancy, baby and business to think of.