can i be sack?

martin_forum

Hello ,just found out i am pregnant. and i am a security officer by profession , are we allowed to get pregnant? please i am a woman, will i get the sack now:o? as i am scared of telling my boss,i just got the job 4months ago. and i am 6wks pregnant.

Please any advise will do.

jobbingmusician

Rather the reverse - your employer HAS to keep your job open.

First important thing - don't tell your employer you are pregnant just yet. Tell them 16 or 15 weeks before the baby is due. By that time, you will have been employed for over 26 weeks (6 months) if you have already been employed 4 months.

See http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/eligibility/, especially the bit which says

'You must have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week (which is the 15th week before the week in which the baby is due). This period must include at least one day's employment in the qualifying week.'

If you qualify under this rule (that means if you will have been employed by your employer for 6 months by the 15th week before your baby is due) you are entitled to Statutory Maternity Pay, and to paid time off to attend antenatal appointments.

If your employer sacks you for being pregnant, this is likely to be judged illegal discrimination on grounds of sex. Most employers know this and will treat you with kid gloves! However, you would be well judged to behave especially well at work, since your employer MIGHT want to get rid of you to avoid the costs associated with your pregnancy - be careful not to give them any legitimate grounds for dismissing you.

pmlindyloo

jobbingmusician wrote: »

Rather the reverse - your employer HAS to keep your job open.

First important thing - don't tell your employer you are pregnant just yet. Tell them 16 or 15 weeks before the baby is due. By that time, you will have been employed for over 26 weeks (6 months) if you have already been employed 4 months.

See http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/eligibility/, especially the bit which says

'You must have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week (which is the 15th week before the week in which the baby is due). This period must include at least one day's employment in the qualifying week.'

If you qualify under this rule (that means if you will have been employed by your employer for 6 months by the 15th week before your baby is due) you are entitled to Statutory Maternity Pay, and to paid time off to attend antenatal appointments.

If your employer sacks you for being pregnant, this is likely to be judged illegal discrimination on grounds of sex. Most employers know this and will treat you with kid gloves! However, you would be well judged to behave especially well at work, since your employer MIGHT want to get rid of you to avoid the costs associated with your pregnancy - be careful not to give them any legitimate grounds for dismissing you.

Have a read of this:

http://www.adviceguide.org.uk/scotland/work_s/work_rights_at_work_s/parental_rights_at_work.htm#dismissal_or_discrimination_because_of_pregnancy

I would slightly disagree with the above about not telling your employer that you are pregnant.

If your work involves anything which might endanger you or your baby's health then I would think it sensible to let them know that you are pregnant.

If they dismiss you because you are pregnant then this will automatically be a case of unfair dismissal. You do not have to have been working for any set time for this to be true.

Your employer must put safety procedures into place because you are pregnant and if they cannot do so then they must suspend you on full pay.

prowla

It's a bit bad for the employer, as clearly the ability of a pregnant woman to perform the role of a security officer may be compromised.

jobbingmusician

pmlindyloo wrote: »

Have a read of this:

http://www.adviceguide.org.uk/scotland/work_s/work_rights_at_work_s/parental_rights_at_work.htm#dismissal_or_discrimination_because_of_pregnancy

I would slightly disagree with the above about not telling your employer that you are pregnant.

If your work involves anything which might endanger you or your baby's health then I would think it sensible to let them know that you are pregnant.

If they dismiss you because you are pregnant then this will automatically be a case of unfair dismissal. You do not have to have been working for any set time for this to be true.

Your employer must put safety procedures into place because you are pregnant and if they cannot do so then they must suspend you on full pay.

Absolutely true, and I apologise for not having thought of the Health and Safety aspect

McKneff

Dont worry about getting the sack.

Women have more employment protection when working/pregnant thanat any other time in their working life.

And stop stressing, it really isnt good for baby.

mountainofdebt

prowla wrote: »

It's a bit bad for the employer, as clearly the ability of a pregnant woman to perform the role of a security officer may be compromised.

So what happens in the case of the OP ..... obviously there is a H&S issue here - do the employer just have to keep the job open but not pay her until she returns or does she get paid even though she may not be able to perform her duties?

OP what sort of contract are you on?

martin_forum

thanks for all the advises, i am mainly on searches at the night club and it is inside job as well not at the main enterance. and patrolling of the premises.

are all you saying i will be fine?

mountainofdebt

martin_forum wrote: »

thanks for all the advises, i am mainly on searches at the night club and it is inside job as well not at the main enterance. and patrolling of the premises.

are all you saying i will be fine?

Are you on a fixed hrs contact or a zero hrs contract?

prowla

martin_forum wrote: »

thanks for all the advises, i am mainly on searches at the night club and it is inside job as well not at the main enterance. and patrolling of the premises.

are all you saying i will be fine?

Again, it depends upon whether there is ever a struggle in the performance of those searches and/or whether there could be a requirement to assist in any other activities.

The employer could find themselves in hot water if they allow a pregnant woman to participate in those activities, and if they don't then they could deny any culpability if anything went wrong.

I would be inclined to weigh up those possibilities in making the decision - I hope it's the right one for you.

martin_forum

i am on fixed hrs contract.