No longer have a job due to Pregnancy ?

peterbfd

Hi All,

My wife was employed on a tempery contract for 6 months, after this period, her contract was extended another 3 months which is due to expire at the end of March.

In the last couple of months she has been informed by her Manager that she will be offered a permanent role within the company as she is very good at what she does.

She is now expecting our second child and she informed the company, then all went quiet !

Yesterday she found out that her assistant has been offered her job when she leaves and today she was requested to go in a meeting with her Manager.

She was told they were not renewing her contract.
She asked "Why ?" and her reply was

"Because you are Pregnant !"

Although the law says pregnancy should not be discriminated, we all know companies sometimes do....but they tend to be 'sly' about it and not be as blunt as this company has been.

Do we have grounds to take this matter further ? ie a tribunial ?

Your advise would be greatly appriciated.

Peter

Anihilator

They arent allowed to discriminate against her on the grounds she is pregnant. Proving this would be difficult though.

Does she have any proof she was offered a job or they said it was because she was pregnant.

If she simply isnt having her contract renewed it will be hard to proceed.

peterbfd

Sadly no proof as it was just conversations.

I heard that a friend won a case without any proof (true or false, not too sure) which is why i am unsure if i will take it any further !

But i am hoping someone has experianced or have known a case like this

dmg24

A case would be decided on the balance of probabilities.

Was the assistant already permanent?

mikey72

You can't treat a temporary worker any differently to a permanent worker, so she should have all the same rights.
Depends on dates etc, but speak to acas, this sounds like unfair dismissal.

Anihilator

mikey72 wrote: »

You can't treat a temporary worker any differently to a permanent worker, so she should have all the same rights.
Depends on dates etc, but speak to acas, this sounds like unfair dismissal.

Source?

You cant be discriminatory to temps or breach their statutory rights but they can be treated differently to permanent staff.

There would be nothing illegal in opting to use a permanent member of staff over a temp.

Whilst this sounds bad here it would be there word against the OP's and the OP would need some evidence to back it up otherwise it could have all been made up.

peterbfd

dmg24 wrote: »

A case would be decided on the balance of probabilities.

Was the assistant already permanent?

Yes, the person was permanent who started approx 3 months ago to support her

mikey72

Anihilator wrote: »

Source?

You cant be discriminatory to temps or breach their statutory rights but they can be treated differently to permanent staff.

There would be nothing illegal in opting to use a permanent member of staff over a temp.

Whilst this sounds bad here it would be there word against the OP's and the OP would need some evidence to back it up otherwise it could have all been made up.

While you've actuaaly been helpful recently, I'll quote

http://www.workingfamilies.org.uk/images/Factsheets/factsheets%20091020/Atypical091020.pdf

page 7, and some of page 6

It's written quite well here.

The company have to prove they no longer need her, and that her contract would have expired anyway.

Anihilator

mikey72 wrote: »

While you've actuaaly been helpful recently, I'll quote

http://www.workingfamilies.org.uk/images/Factsheets/factsheets%20091020/Atypical091020.pdf

page 7, and some of page 6

It's written quite well here.

The company have to prove they no longer need her, and that her contract would have expired anyway.

They will still need to prove its related to the pregnancy and not just natural expiry.

The part they took on a permanent member of staff in that department could be seen as reasonable proof the temp was no longer needed.

If I was the OP I would type up some hastily simple minutes of the meeting tonight stating she was not being kept on as she was pregnant and ask those present to sign them tomorrow. Hopefully they are stupid and do.

peterbfd

Thanks for the replies...very informative.

Sadly i feel we have no chance.

The meeting was 1 on 1 and also they have changed the job title slightly

Although the person who will be taking over does not have the experiance and my wife has to teach the role to him before shes leaves (which is strange if it's a differant role ?)

Thanks Given

Peter

mikey72

At least speak to acas, and see what they suggest.
It's not an uncommon situation.