Partner sacked due to pregnancy

Pete283

!!!!!! wrote: »

It is unclear whether the threat of no assignment was actually carried out after the miscarriage or she is still working

They told her at 1pm on 04/02/14 that she was having her assignment terminated due to the risk assessment done by my company surrounding her pregnancy. She was told she was not going to be paid while they 'looked' for other work for her. 7 hours later - I believe due to the stress of the thought of no money coming in - she began having a miscarriage. This is where I believe is the crucial point is where they screwed up - they have to pay her until they find other work, or suspend on full pay. By the time they rang two days later to offer an entirely unsuitable post it was irrelevant and already too late.

Stephb- thank you for your kind words.

bluenoseam

Without wanting to sound harsh, cruel & heartless - you believe this has contributed to the miscarriage, but how much of that is emotion talking & how much of that is medically proven? Stress can cause miscarriage, but so too can any number of factors, it's entirely possible the employment situation had nothing to do with it whatsoever every bit as much as it's possible it was the sole factor. There's really no "kind" way to say that which doesn't sound bad, I'm really sorry about that.

What I will say is that again, you have to prove that her job was terminated for reasons of pregnancy, again difficult, not entirely impossible, but incredibly difficult. You're rightly seeking legal advice & I wish you well in that process.

Sorry for what's happened so far & I can only hope that you run into some better circumstances real soon!

flashnazia

bluenoseam wrote: »

Without wanting to sound harsh, cruel & heartless - you believe this has contributed to the miscarriage, but how much of that is emotion talking & how much of that is medically proven? Stress can cause miscarriage, but so too can any number of factors, it's entirely possible the employment situation had nothing to do with it whatsoever every bit as much as it's possible it was the sole factor. There's really no "kind" way to say that which doesn't sound bad, I'm really sorry about that.

What I will say is that again, you have to prove that her job was terminated for reasons of pregnancy, again difficult, not entirely impossible, but incredibly difficult. You're rightly seeking legal advice & I wish you well in that process.

Sorry for what's happened so far & I can only hope that you run into some better circumstances real soon!

I think there are enough facts to establish that discrimination is a factor: that she was discriminated against because of her pregnancy. Once that happens the burden of proof shifts so that the employer will have to show some other reason for doing what they did.

Tiddlywinks

bluenoseam wrote: »

Without wanting to sound harsh, cruel & heartless - you believe this has contributed to the miscarriage, but how much of that is emotion talking & how much of that is medically proven? Stress can cause miscarriage, but so too can any number of factors, it's entirely possible the employment situation had nothing to do with it whatsoever every bit as much as it's possible it was the sole factor. There's really no "kind" way to say that which doesn't sound bad, I'm really sorry about that.

I am sorry to hear that you have lost the baby... it is bound to be really difficult for you right now.

I think, though, that you need to separate the company actions from the miscarriage as there really is very, very little chance they are linked.

http://www.nhs.uk/Conditions/Miscarriage/Pages/Causes.aspx

"An increased risk of miscarriage is not linked to:

- a mother’s emotional state during pregnancy, such as being stressed or depressed
- having a shock or fright during pregnancy"

Linking the two events will only make this more of an emotional roller coaster for you both and you don't need that extra pressure right now.

I do feel the company has acted badly and needs to be challenged BUT you somehow need to find a way to do that 'neutrally' and without emotion otherwise it will make things very difficult in your grieving process as it will turn into a need to 'punish' them.

Best wishes to you both.

phill99

Pete283 wrote: »

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'?

I apologise. I've mis-tead your original post.

bevanuk

I would take this over to redundacy forum - the people over there are much more qualified to comment. They are direct, but it might give you clarity.

Undervalued

bevanuk wrote: »

I would take this over to redundacy forum - the people over there are much more qualified to comment. They are direct, but it might give you clarity.

I was also going to suggest that but unfortunately the site doesn't seem to be working today.

When it does the OP will get an authoritative response from SarEl who is a retired barrister specialising in employment law.

Pete283

bluenoseam wrote: »

Without wanting to sound harsh, cruel & heartless - you believe this has contributed to the miscarriage, but how much of that is emotion talking & how much of that is medically proven? Stress can cause miscarriage, but so too can any number of factors, it's entirely possible the employment situation had nothing to do with it whatsoever every bit as much as it's possible it was the sole factor. There's really no "kind" way to say that which doesn't sound bad, I'm really sorry about that.

What I will say is that again, you have to prove that her job was terminated for reasons of pregnancy, again difficult, not entirely impossible, but incredibly difficult. You're rightly seeking legal advice & I wish you well in that process.

Sorry for what's happened so far & I can only hope that you run into some better circumstances real soon!

The agency has actually sent us a letter on headed paper to explain in writing that the reason for ending the assignment was due to her pregnancy risk assessment.

Thank you for your sensitivity - it is appreciated.

theoretica

Pete283 wrote: »

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

I think there is another point which has been touched on, but not spelt out. The agency's risk assessment (her employer) found her duties were fine for her pregnancy. The site owners did a separate risk assessment and found the work was too dangerous. I am not legally trained but to my mind overdoing a risk assessment for one person should count as discrimination. And the pregnant woman's employer, the agency, should have the greater duty of care. Your company asking for her to be removed from site and not do a job her employers found reasonable looks bad to me.

Was she trained on the lifting gear before or after they new about her pregnancy? You mention it after the first risk assessment.

Pete283

This is something I have pointed out to them - did they put my partner at risk?

She was trained AFTER writing a formal letter to inform of the pregnancy.