Partner sacked due to pregnancy

Dazedandconfused

So was she employed by the agency or the company and what was her start date?

If it's agency employ and they were saying that she couldn't work because of the heavy work in that role it would depend on whether she had had 12 weeks of continuous employment with them,
http://www.maternityaction.org.uk/wp/wp-content/uploads/2013/08/AgencyWorkers-2013.pdf

As to whether they had to pay her or offer her other suitable work if the job was unsuitable due to her condition. See page 6 of the link above. I'm guessing she was just under the 12 week threshold which is why they got rid of her so quickly? To avoid paying. However they are also under a duty to make reasonable adjustments if possible. So if say there were several others in that role and someone else could have done the lifting element which means that they could have made a reasonable adjustment, then I certainly think she would have a case for sex discrimination as she would have been dismissed on the grounds of her pregnancy, not because the work wasn't suitable.

I would ring ACAS for guidance initially. She could consider taking them to employment tribunal.

flashnazia

Did you ring the working families helpline? Any good?

vroombroom

No advice other to say I'm sorry about your loss and that I won a tribunal two years ago against my former employer for sexual discrimination and unfair dismissal (pregnancy related). My OH worked there and still does and it had no bearing on his job (he has been promoted twice)

Pete283

Dazedandconfused wrote: »

So was she employed by the agency or the company and what was her start date?

If it's agency employ and they were saying that she couldn't work because of the heavy work in that role it would depend on whether she had had 12 weeks of continuous employment with them,
http://www.maternityaction.org.uk/wp/wp-content/uploads/2013/08/AgencyWorkers-2013.pdf

As to whether they had to pay her or offer her other suitable work if the job was unsuitable due to her condition. See page 6 of the link above. I'm guessing she was just under the 12 week threshold which is why they got rid of her so quickly? To avoid paying. However they are also under a duty to make reasonable adjustments if possible. So if say there were several others in that role and someone else could have done the lifting element which means that they could have made a reasonable adjustment, then I certainly think she would have a case for sex discrimination as she would have been dismissed on the grounds of her pregnancy, not because the work wasn't suitable.

I would ring ACAS for guidance initially. She could consider taking them to employment tribunal.

15/11/13 to 04/02/14

I make it over 12 weeks just?

Pete283

vroombroom wrote: »

No advice other to say I'm sorry about your loss and that I won a tribunal two years ago against my former employer for sexual discrimination and unfair dismissal (pregnancy related). My OH worked there and still does and it had no bearing on his job (he has been promoted twice)

I think our case will be similar. Thank you and congratulations on the little bundle of sleepless nights

Pete283

flashnazia wrote: »

Did you ring the working families helpline? Any good?

On my to do list - I'm off tomorrow morning. :beer:

patman99

If the term of her employment was over 12 weeks (even by 1 day) then the Agency Worker Regulations (2011) come into play.

countingstars

I'm afraid I don't have anything useful to add. I just wanted to say, I'm sorry for your loss and I wish you and your partner the best of luck in fighting this. x

theoretica

Pete283 wrote: »

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.

Not just that - they knew she was pregnant and then changed her job to include something she could not do and then got rid of her because of that. They would need to be able to justify the need for the job change.

Dazedandconfused

patman99 wrote: »

If the term of her employment was over 12 weeks (even by 1 day) then the Agency Worker Regulations (2011) come into play.

And my understanding is that they count even if she only worked for part of one of the weeks, if it's over 12 weeks that should either have paid her or found her other suitable employment as per the link I posted before. She should definitely call ACAS