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Partner sacked due to pregnancy
Pete283
Posts: 354 Forumite
Hello,
Apologies for the long post in advance but I really need help on this one.
I work for a logistics company in Lower Management, and my company hire in 3 on site but entirely separate agencies. Last November, the first week of, my partner was looking for work and I managed to get her an ongoing (no termination date) contract as a warehouse hygienist (cleaner). Her duties essentially consisted of keeping the floors tidy, bins emptied, pushing a few buttons on a compacting skip. We found out in the first week of January that she was pregnant, and the next day decided it was best to hand in a written notice of pregnancy to the agency so they could take any necessary precautions (risk assessments, light duties). A risk assessment was done and found that there was no risk or alterations to be done to her day to day role. She was trained on a piece of heavy machinery a week later (like a mini forklift) so that she could move industrial bins from one end of the warehouse to the other. Then approximately 10 days after this event, my company then conducted its own risk assessment and found that there was too sufficient risk for her to continue working - due to the heavy piece of machinery she was trained on and she could be struck by any of them, and she couldn't do any heavy lifting while pregnant (this was minimal anyway).
The agency rang her on Monday 3rd February and told her there was no work on and that she needed to come in for a meeting on Tuesday 4th February for a meeting regarding her pregnancy. At 1300 she was told that the agency were ending her assignment, and they would try to find her alternative work. I sat in on this meeting and asked them whether she would be paid until they found her other work - they insisted she would not be. I reminded them that I believed they were breaking laws by doing this but they stuck by it. She sat in my car after the meeting shaking, head on her knees worrying about how she was going to pay for her bills, car and horse which previously was not an issue. At 20:00 that night she was in a&e suffering what turned out to be a miscarriage - she was over 13 weeks pregnant. Gutting.
They are still denying they are in the wrong in any kind, we have submitted a grievance which was heard and again they stuck to their original statement. We are now going for early conciliation with ACAS but I have a feeling they will try to push us to an employment tribunal, which I will struggle to pull together the £1200 necessary but would do due to the massive upset this has caused to myself and my partner.
I need general advice and would like to know if there is a good case to put forward, and any snippets of legislation I could use as I will likely have to represent us in court also.
Thank you for reading this and for any advice offered. I'll answer any questions the best I can - just hope there are some legal types floating around.
Apologies for the long post in advance but I really need help on this one.
I work for a logistics company in Lower Management, and my company hire in 3 on site but entirely separate agencies. Last November, the first week of, my partner was looking for work and I managed to get her an ongoing (no termination date) contract as a warehouse hygienist (cleaner). Her duties essentially consisted of keeping the floors tidy, bins emptied, pushing a few buttons on a compacting skip. We found out in the first week of January that she was pregnant, and the next day decided it was best to hand in a written notice of pregnancy to the agency so they could take any necessary precautions (risk assessments, light duties). A risk assessment was done and found that there was no risk or alterations to be done to her day to day role. She was trained on a piece of heavy machinery a week later (like a mini forklift) so that she could move industrial bins from one end of the warehouse to the other. Then approximately 10 days after this event, my company then conducted its own risk assessment and found that there was too sufficient risk for her to continue working - due to the heavy piece of machinery she was trained on and she could be struck by any of them, and she couldn't do any heavy lifting while pregnant (this was minimal anyway).
The agency rang her on Monday 3rd February and told her there was no work on and that she needed to come in for a meeting on Tuesday 4th February for a meeting regarding her pregnancy. At 1300 she was told that the agency were ending her assignment, and they would try to find her alternative work. I sat in on this meeting and asked them whether she would be paid until they found her other work - they insisted she would not be. I reminded them that I believed they were breaking laws by doing this but they stuck by it. She sat in my car after the meeting shaking, head on her knees worrying about how she was going to pay for her bills, car and horse which previously was not an issue. At 20:00 that night she was in a&e suffering what turned out to be a miscarriage - she was over 13 weeks pregnant. Gutting.
They are still denying they are in the wrong in any kind, we have submitted a grievance which was heard and again they stuck to their original statement. We are now going for early conciliation with ACAS but I have a feeling they will try to push us to an employment tribunal, which I will struggle to pull together the £1200 necessary but would do due to the massive upset this has caused to myself and my partner.
I need general advice and would like to know if there is a good case to put forward, and any snippets of legislation I could use as I will likely have to represent us in court also.
Thank you for reading this and for any advice offered. I'll answer any questions the best I can - just hope there are some legal types floating around.
0
Comments
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You're on a hiding to nothing. And by getting involved against your company you have set yourself up for a great fall.Eat vegetables and fear no creditors, rather than eat duck and hide.0
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has your wife contacted maternity action for up to date impartial advice?
http://www.maternityaction.org.uk/wp/The most potent weapon of the oppressor is the mind of the oppressed. Steve Biko0 -
You're on a hiding to nothing. And by getting involved against your company you have set yourself up for a great fall.
That is not a very helpful reply at all, and as the OP is going up against an agency and not his company, then it is also totally irrelevant.
To the OP, I would suggest getting as much advice from ACAS as possible, and be guided by them as to the other organisations you can contact - good luck.0 -
That is not a very helpful reply at all, and as the OP is going up against an agency and not his company, then it is also totally irrelevant.
To the OP, I would suggest getting as much advice from ACAS as possible, and be guided by them as to the other organisations you can contact - good luck.
Don't be so naive. Of course he's going up against the companyEat vegetables and fear no creditors, rather than eat duck and hide.0 -
Don't be so naive. Of course he's going up against the company
My company are actually backing me on this with regards to her treatment. Was more looking for legal help - 'your on a hiding to nowhere' isn't quite what I've been told. Can you substantiate on those claims while being a little less 'look at me, I'm harsh'?0 -
has your wife contacted maternity action for up to date impartial advice?
http://www.maternityaction.org.uk/wp/
I've rang a few people but not these as yet. Will add to my list of phone calls.0 -
The company have probably done nothing wrong (legally) as their contract with the agency is likely to say that they can specify who they do and don't want on their sites.
So the grievance has to be directed at the agency, and the thing that we don't know is what type of contract it was.
If it was for a set number of hours each week then yes, they need to pay for those hours whether work is available or not, refusing to pay could have been considered as dismissal and would be a legal minefield as the OP's partner was pregnant at the time.
However, if it was zero hours then I don't really think they have done anything wrong as long as they have paid for the time that has been worked.0 -
The company have probably done nothing wrong (legally) as their contract with the agency is likely to say that they can specify who they do and don't want on their sites.
So the grievance has to be directed at the agency, and the thing that we don't know is what type of contract it was.
If it was for a set number of hours each week then yes, they need to pay for those hours whether work is available or not, refusing to pay could have been considered as dismissal and would be a legal minefield as the OP's partner was pregnant at the time.
However, if it was zero hours then I don't really think they have done anything wrong as long as they have paid for the time that has been worked.
Contract for service, guaranteed 40 hours, Swedish derogation contract over 5 days. The position was with a view of going temp to perm.0 -
But that is a risk that anybody working in the warehouse would be confronted with.due to the heavy piece of machinery she was trained on and she could be struck by any of them
I question the risk assessment that was done if they have raised this concern for one person and it had not been identified before. If that is considered an unacceptable risk then that warehouse needs shutting down until mitigation has been put in place.
Heavy lifting is understandable. I don't understand the comment on being trained on heavy machinery. If she is using that to move heavy bins then she is not doing heavy lifting. Your attempted expalnations of the risks don't make senseThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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