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Maternity Legal Help please


CamberwellOz

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I'm trying to write this without swearing or screaming out loud. I told my boss that I was pregnant this morning (via email) and this afternoon he took me aside and said he was thinking about firing me (cutting costs bla bla) anyway and still might do it.


Legally can he do this? And how should I go about handling this?

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No, this is completely illegal. You've already told your boss that you're pregnant, he cannot come back with the "well I was going to fire you anyway" line. Please go see an employment solicitor at once. This happened to a friend of mine and she was compensated as she didn't really want her job back with her b*****d boss.


Good luck. Don't let it get to you as it's the last thing you want to have to deal with!


-C

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it's quite hard to sack people at anytime once any probationary period has passed unless the employer can demonstrate poor performance and has taken steps to address that


if there's a suggestion that a dismissal might be linked to a pregnancy then there's a further burden on the employer and if a tribunal was find that a dismissal was linked to pregnancy that dismissal would be automtically 'unfair' - entitling the employee to claim for unfair dismissal (i think)


if you haven't got it by email consider making notes now when it's fresh in your memory and may be sending a note to the boss saying something about what you understood to have been said in your discussion and inviting him to correct anything that you've misunderstood


the boss sounds like an idiot

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Alternatively you could let him sack you and then sue him to bits for more than your maternity rights(er, probably)...he's a foookin idiot (and not just on a moral level), I can't believe people as stupid as him have line management responsibilities.......
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I feel for you, having gone through a pretty stressful process with a previous boss during my pregnancy (it ended in me taking a grievance out on her and subsequently a compromise agreement where-by they awarded me a financial settlement), I know this is the last thing you need at the moment.

Your boss sounds like a total tw*t and a pretty ill-informed one at that - he is treading on very dodgy ground. I would enforce the advice from others, ie keep detailed notes of conversations as well as the emails, address your concerns full-on with the boss at the earliest opportunity (have a witness, or do it electronically so there's a record) and get some professional advice. I was in a union who were fantastic, but I know not everyone has that in their locker.


Don't let it spoil the next few months.....

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get a good lawyer and document everythng - I mean everything - try to get dates, times & detials the remarks made


say nothing to your employers off the record - keeping schtum at any for mal meting & making copious notes will spook them - ask for a copy of the minutes of the meeting for your recods and dont say you have a lawyer until you have to reveal your hand


very few businesses are willing to risk a trib. , even if they are straight


Your manager sounds like an unreconstructed twat - make him aware that you are appalled by his antideluvial mysogony - its not acceptable in the 21st century


innit



LOyalty ? pah - they employ you becasue they make money out of you - keep your loyalty for someone who deserves it

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CO check out this website Workline. I don't know what line of work you are in but these guys are for media workers but the advice on their website is very good and is applicable across the board. My wife used them when she was pregnant and found them to be very helpful and friendly!


Congratualtions and enjoy your pregnancy and the little one!

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You do have a copy of your email to your boss yesterday telling him that you are preggers, right? It's dated BEFORE this redundancy warning letter of today. As Snorky says, get all the details together. Your boss is trying to do everything by the book and may say he never received your email at which point you procure your email to the solicitor. He's a real tw*t if he thinks he can get away with it!

Hang in there!

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This should be a beautiful time for you and it's being blighted by bastards. I'm truly sorry. There's been some good advice posted here; take it, get these bastards nailed and move on. Never give your loyalty to a company again; they see you as a walking ? sign so you should just return the favour.
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I think all the really useful stuff has been said already. So, first of all, congratulations. And secondly, so sorry that your boss is a shit.


(Actually, there's probably a greeting card for that last one. If not, there should be.)

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Ive come on to this thread late so dont have anything to add that hasnt already been said.. I work in a legal dept (not a lawyer) and Ive seen stuff like this and full stop they cant do it and they always end in compromise agreements in your favour but get a lawyer or else they will stiff you on your compensation..


Many congrats and I hope you get it sorted.

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CO your boss is an absolute moron and i'm sure that you have a decent case against the company. All the above advice is sound so please dont let them get away with this. it is illegal to be treated like this so get some legal help asap. congratulations by the way and dont let the buggers get you down! :)
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however, if there is geuninely a redundancy situation and those 'at risk' are appropriate pooled, consulted and selected then he/they may not be doing anything wrong (as long as the selection process does not involve selecting you because you are pregnant, and a tribunal would look very carefully to see whether the selection could be objectively justified)


have others been put at risk too? or should they have been?

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