Can you get rid of a pregnant lady?

lynnexxxo

BridgetJones wrote: »

Personally I wouldn't get pregnant if I was unemployed.

And even if I did I certainly wouldn't cheat myself into a job. Think of the poor owner who is being robbed of her own maternity leave. These is no excuse.

I don't really think its as black and white as that. Probably the woman needed the job, we all have bills to pay. I agree its a bit harsh on the owner but sometimes being the boss sucks.

Maybe the OP friend could compromise a bit - she could keep this ladies on during the christmas rush and in january train up someone new. The baby is not due till march so could the OP friend not work to Feb or so, training up a new person after the pregnant lady leaves. Then the OP friend could even take off a bit of extra time after the baby is born?

Legal advice will probably cost a fortune so I'd say the easiest thing to do would be to have a chat with the woman and she what she wants to do and try and accomdate her.

Mimi_Arc_en_ciel

if the role was only for maternaty cover then it is a TEMPORARY role, not a fixed one, so your friend can give her notice to leave the role. The employee took on a role, KNOWING she could not fulfil the role - she will be leaving when she is needed. I think the best thing for you friend to do would be to peak to Citz advice. Theres no way she can sack the lady for being pregnant but then it isnt a illegal act to get rid of someone who can not fulfil the position you require.

Can i just ask

Did the lady fill in a application form? Little writing at the bottom normally states "all information is true to my knowledge, any information found untrue could result in a termination of employment" Obviously she KNEW she was pregnant when she took on the role and never notified the employer, might be a clause your friend can use

I also know of a company who got rid of staff as they were unable to lift heavy things, might be a way out

Pregnant lady wont be able to claim maternaty payt from your riend and will have to claim it from the state.

(and before anyone makes comments about my post, i was forced out of my job when i found out i was pregnant, im not a preggy lady hater)

mercman1969

The ONLY people you need to contact regarding this issue is ACAS

They will give you the very best advice

I would say that you can dismiss on grounds of being unable to complete the fixed contract. If the NE was pregnant prior to applying for a fixed term contract then they have been untruthful knowing they would be unable to complete the period of employment....this in itself is enough to make a dismissal

contact ACAS

ceebeeby

Can YF just say "it's not working out", after all it's only been 6 weeks.

If the lady wants to know why, just say "clash of personalities".

I'm sure your friend is fizzing mad with her already, and that if there isn't a clash now, there soon will be!

roxalana

As others have said - the best advice is to contact ACAS or similar.

However, what perhaps might be suggested (I don't have the CIPD or anything, so still best to check with professionals) is to advertise a temporary position to cover the new lady's maternity leave with the person getting the new temporary position starting as close to the time the lady goes off to allow training but not so you have a lengthy period of overlap.

What happens next would depend on who returns from maternity leave first. Should the OP's friend return first then both temporary members of staff would need to be given notice. I don't see this being a problem in terms of the pregnant temps maternity leave in that the contract would not be being ended due to pregnancy - the original reason for the contract would have ended.

Should the pregnant temp choose to return to work first, then the new temp would need to be given notice first and once the OP's friend is due to return the pregnant temp would need to be given notice.

I think even if ACAS advise that the pregnant temp can be dismissed now (which i think is unlikely) i think it would be good practise to look after the pregnant temp as far as the business allows.

zzzLazyDaisy

Under current UK legislation a dismissal for a reason relating to pregnancy is automatically unfair. The 1 year rule does not apply.

The landmark case is Webb v Emo (house of lords 1995)

http://webjcli.ncl.ac.uk/articles5/morris5.html

It is a fascinating case, and worth a read just for the background of the twists and turns that this area of law has taken over the years.

Essentially, the employer took on someone to provide temporary maternity cover. The temp then announced she was pregnant. The employer dismissed her because she was unable to complete the temporary contract. After a protracted legal battle which went to the European Court of Justice, the employer lost the case.

I agree that it may seem unfair to a small employer, but employment tribunals are bound to follow the Webb case.

gordonstights

zzzLazyDaisy wrote: »

Under current UK legislation a dismissal for a reason relating to pregnancy is automatically unfair. The 1 year rule does not apply.

The landmark case is Webb v Emo (house of lords 1995)

http://webjcli.ncl.ac.uk/articles5/morris5.html

It is a fascinating case, and worth a read just for the background of the twists and turns that this area of law has taken over the years.

Essentially, the employer took on someone to provide temporary maternity cover. The temp then announced she was pregnant. The employer dismissed her because she was unable to complete the temporary contract. After a protracted legal battle which went to the European Court of Justice, the employer lost the case.

I agree that it may seem unfair to a small employer, but employment tribunals are bound to follow the Webb case.

Thanks for posting this case as you are probably right - employment tribunals will most likely follow this.

milliejo

your friend should look at her work insurance policies as she may have business legal expenses insurance without realising and be able to get free legal advice.Alternatively most good employment solicitors will give some initial free advice

Miss_Pixie

My friend has read the thread and would like to thank everyone for their responses. It's given her some ideas to think about and she will take professional advice before making a decision.

sparkles.

Your friend MUST take legal advice, but I think there is something which does need noting on this thread. There is very little protection offered to new employees in the first year of employment (in practice 51 weeks plus one week's notice) however everyone, including those who are not even yet employed have protection from discrimination - you can bring a case against an employer who has never employed you for discrimination on the basis of a job advertisement and for every step in the recruitment/employment process there after. This includes dismissal at any stage if it is for a discrimintory reason, including pregnancy (covered by sex legislation) as well as age, ethnicity and religion. My personal understanding is that the dismissal of any pregnant woman will be considered discriminatory unless it can be proved otherwise although I am not completely sure about the time limits. Although this does not mean that you can not dismiss a pregnant woman it is a complete legal minefield and without proper advice could be much more costly to defend than it is to deal with through the legal channels and as the case law previously cited shows the inability to complete a temporary or fixed term completely is not a reasonable reason to dismiss.