January 2016 Moms

Getting sacked at 9 weeks

Hello I'm 9 weeks pregnant and I have already told my boss as I have been working there for 5 years it didn't think that it mattered if I told him straight away. But the only thing I'm finding now is he is treating me differently. Having ago at my from no reason accusing me of things I kno I haven't done and I just wanted to kno my rights can he sack me for no reason or a false reason??

Re: Getting sacked at 9 weeks

  • I don't know where you're living, but based on your language I'm guessing the UK.

    If that's the case, you are protected from discrimination and less favourable treatment because of your pregnancy, such as being disciplined due to time off sick for pregnancy related reasons, but that does not protect you from being dismissed for other reasons, such as poor performance and misconduct.

    An employer can dismiss an employee fairly by reason of redundancy, misconduct, capability and any other substantial reason. So if your boss is able to build up a case for dismissal against you for any of those reasons and is able to evidence the reasons, the company can dismiss you. But they will need to go through a process first.

    My advice is to start documenting things that happen, and save any emails that are sent to you.

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  • Yup, happened to me and I got so upset that I've quit. I have hyperemesis gravidarum and vomit pretty well all the time and was being treated horribly for that. I feel better not being there... It was a toxic environment.
  • At least at my place of employment, there's a process I have to go through to let an employee go. Basically, you have to document that rules are being broken and that you're giving the employee reasonable time to improve. Tons of documentation is needed to actually let someone go, even if they very clearly deserve it. I had two severely under-performing employees, one of whom I worked with for 8 months and one for 10 months before I could get the documentation needed to fire.

    That being said, if your employer is trying to oust you out before the baby comes to avoid paying out maternity benefits, he has time to make a case for your dismissal. I agree with the other ladies, document what's happening. If you're being accused of something, ask to see the complaint in writing and set up a meeting outlining what you need to do to improve (even if there are no deficits). Make it look like you're doing everything you need to do and more to be an outstanding employee. If he makes the move to let you go, you'll have the paper trail in your corner to prove that the firing was unjustified.
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  • ak215ak215 member
    I lost my job at 9 weeks for calling out sick with morning sickness one time. My work was not suffering and I had been getting compliments from the owner on my work. It's illegal for them to do this but it still happens. All I can say is know your rights and stuck up for yourself. Don't apologize for things you haven't done. It's tough. Good luck and hugs to you!
  • edited June 2015
    Yes it's illegal - they have to prove beyond reasonable doubt that you are incompetent - which will be hard without the evidence to back it up. If you say that they are sacking you because you got pregnant - even if you don't have a great deal of evidence they can find themselves in very hot water indeed! A friend of mine was "made" to sack a pregnant female colleague as they needed to make some employes redundant. He questioned it at the time saying it wasn't a good idea but the higher forces that be said it was fine & to go ahead! Needless to say he and the company are now in trouble and lawyers etc and everything are trying very hard to prove it had nothing to do with her pregnancy (which it didn't) but they are having a hard time and it doesn't look good for the company. We are very lucky that there's a lot of law protecting pregnant woman from being fired! :) Good luck xxx
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