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Unfair treatment - what should I do?

2

Comments

  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    you have no protection of the employer doesn't know you are pregnant...they aren't mind readers :D

    I personally would as you say put up and shut up until you are ready to inform them of pregnancy and when you do your protections increase dramatically but you wouldn't be bulletproof if they did want to dismiss you.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 7 April 2013 at 6:55PM
    I have informed them of my pregnancy - I said they were aware! They've known for the past two months.

    They've had to modify my role substantially due to health issues caused by the pregnancy, so I wonder if they're a little p'd off with me at that and now getting back at me?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    an9i77 wrote: »
    I am pregnant at the moment and they are aware, what protection does that give me?

    If gives you protection against being dismissed for a reason relating to your pregnancy.

    If you are performance managed and your work is found not to be up to standard, then your pregnancy is not relevant unless you have reason to believe that this is just a sham and the real reason they have managed you out is because you were pregnant.

    Whether that argument is in fact likely to succeed depends on the company - for example, if they have a generous maternity policy and a high number of female employees who have returned to work after maternity leave, have a creche, give child care vouchers, encourage job share, this would make a discriminatory dismissal seem less likely than, say, a predominantly male environment where the MD is vocal in his views about women who cost the company money in training and then keep going off to 'drop babies' (and there is a whole grey area in between where who knows which way a tribunal would jump, hence employers' general reluctance to dismiss or pregnant employees, even for legitimate reasons).
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    edited 7 April 2013 at 7:12PM
    an9i77 wrote: »
    I have informed them of my pregnancy - I said they were aware! They've known for the past two months.

    They've had to modify my role substantially due to health issues caused by the pregnancy, so I wonder if they're a little p'd off with me at that and now getting back at me?

    Ah oops sorry. Edit what is Kafka btw?
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Kaf·ka·esque (käflprime.gifkschwa.gif-ebreve.gifskprime.gif)
    adj. 1. Of or relating to Franz Kafka or his writings.
    2. Marked by surreal distortion and often a sense of impending danger
  • Takeaway_Addict
    Takeaway_Addict Posts: 6,538 Forumite
    Part of the Furniture 1,000 Posts
    an9i77 wrote: »
    Kaf·ka·esque (käflprime.gifkschwa.gif-ebreve.gifskprime.gif)
    adj. 1. Of or relating to Franz Kafka or his writings.
    2. Marked by surreal distortion and often a sense of impending danger

    Ah I got that when I googled it, did think it was a government board or something
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    .... Kafka ....
    Ah I got that when I googled it, did think it was a government board or something
    I don't think you were far wrong in your original supposition. :rotfl::rotfl::rotfl:
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    An update. I contacted the administrator in Head Office this morning and went through all the work I 'd been involved in - none of the errors were due to me (except a couple of minor inconsequential ones which are no biggie).
    Had a chat with boss and put this to him, he has now massively backtracted and said he was not criticising my performance at all, that I misinterpreted what he said, that he thinks I am good at my job and that he's sorry the letter came across as it did.
    Basically he realised that I had the details, which he didn't and that I'd actually done nothing wrong.
    Anyway I do feel exonerated now, and glad I confronted him (with the evidence - good job I could get it independently).
    Talk about guilty til proven innocent but all seems to be back on track for now.
    Thanks to those who offered advice!
  • spamhater
    spamhater Posts: 47 Forumite
    You mentioned he had noted on your file. I suggest that you get something in writing exonerating you and have it placed on your file and keep a copy. Unless you follow this through there is a real risk that the mud sticks and is used against you in the future.
  • an9i77
    an9i77 Posts: 1,460 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    spamhater wrote: »
    You mentioned he had noted on your file. I suggest that you get something in writing exonerating you and have it placed on your file and keep a copy. Unless you follow this through there is a real risk that the mud sticks and is used against you in the future.


    I did ask him if the letter could be replaced with another one, he said some of the things mentioned were still relevant (it was not all about performance)

    I don't want to push it now that we are back on track so think I'll have to leave it.
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