Work and Pregnancy

MikeCairo78

Hi there - my partner started a new job on 3/2/15, permanent position six month probation. We discovered she was pregnant early in April, with a due date in November. She told work today that she was pregnant as she needs to begin arranging for appointments etc. She rang me to say that they dont appear to be too impressed and have said that it must be referred to one of the partners who are away til next week. Like everyone we need the job/money etc. Can they leave her go without a bye or leave ? Anyone have experience of the same ? Cheers for any advice.

Mrs OBumble

No.

Well it would be foolish if they try.

Even though she's still on probation (=can be let go for now reason), if they let her go now then it's obvious that it was really because she's pregnant, so t it's a compensation claim waiting to happen. Disclaimer: this isn't legal advice.

Most likely they'll realise this and get over it by next week.

MikeCairo78

Thanks for that. That is what I thought, just when the office manager reacts in such a way I was questioning the same. Mind put at ease somewhat !

davo10

Mrs OBumble wrote: »

No.
.

Yes.

Is the answer to your question OP, your partner can be let go during her probation because there is no way they will give pregnancy as a reason for termination. . Her contract will state that the position does not become permanent until the probationary period has elapsed. Your partner will not have access to an employment tribunal as she will be employed for less than one year and the employer will have the benefit of the terms of a signed contract. They of course would not say it was due to the pregnancy but they do not have to give any reason for termination during probation.

You would have a case under the unfair dismissals act if pregnancy was the cause but unless they are absolute idiots they would never allow this to be seen as the reason. More likely is that if they want her out, they will find issues with the standard of her work.

MikeCairo78

His Davo10, though it conflicts with what I am reading elsewhere it has made me do some proper research and am contacting relevant bodies in respect of the same. Though Citizens Information notes the following

Service
Normally you must have at least 12 months' continuous service with your employer in order to bring a claim for unfair dismissal. However there are important exceptions to this general rule. If you have less than 12 months' continuous service you may bring a claim for unfair dismissal if you are dismissed for:

Trade union membership or activity
Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
Availing of rights granted by the Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the National Minimum Wage Act 2000, the Parental Leave Acts 1998 and 2006 and the Carer's Leave Act 2001
Making a protected disclosure under the Protected Disclosures Act 2014
Note: employment equality legislation prohibits dismissal based on any of the following 9 grounds for discrimination: gender, civil status, family status, age, disability, religious belief, race, sexual orientation or membership of the Traveller community. So, for example, if you have been employed for less than a year you may not be able to bring a claim under the unfair dismissals legislation, but you may be able make a complaint of discriminatory dismissal - see 'How to apply' below.

My partner's situation appears to fall in here, under both pregnancy and family status. Ss she has already been told that her work is excellent, so it would then be up to the company to prove a different reason for letting her go.

davo10

Not so fast.

When you are permanent and have worked for more than one year, all dismissals are deemed unfair unless the employer can prove otherwise. During probation this burden of proof is not as high, there are many reasons why an employee could be let go during probation which would not be accepted after one year. Therefore if the business no longer needed someone in that position or if they were able to show that there were issues with her work, they could let her go. Though there is increased protection for pregnant women during probation, it does not provide immunity from being let go. The employer just cannot let her go because she is pregnant. It would for instance be acceptable to let your partner go if there was not enough work for that position to be required, your partner would obviously be the first out as she is the last in and on probation.

I wouldn't go in shouting about her rights, remember it's a s**ty situation for the employer having to re advertise and take on a temp so soon after a new person was employed.

Irish_Elect_Eng

She should have waited another couple of months before telling them to minimize the impact and solidified their assessment of her performance.

Tread carefully, other posters have outlined the two possible outcomes.