I was sacked while off with a miscarriage without any warnings, do I have a claim for unfair dismissal?

Question

I had only been with them for 4 months when this happened. They put me under so much stress right before the miscarriage that I just could not manage my workload and I feel that they were greatly to blame for the miscarriage. They have used my lateness (caused by bad morning sickness) and my not completeing tasks (because 2 other people were absent and I couldnt manage my work and theirs with no help at all) as the reasons for dismissing me. But I found out by accident that my job had been advertised the week I told them I was pregnant. Can I claim unfair dismissal?

Answer 1

Probably not, but you might have a claim for sex discrimination and also a claim for wrongful dismissal (which is different to unfair dismissal and often brings bigger payouts).

If you are now not working, you might qualify for free legal advice. Get a list of solicitors who deal with employment law from your nearest Citizen's Advice Bureau. Many firms offer a free half hour and may take your case on a no win / no fee basis.

Sounds like a very good case to me

Answer 2

Unfair dismissal

There is no 12 month qualifying period for unfair dismissal if the reason or primary reason for your dismissal is connected with your pregnancy. You will therefore be able to pursue an unfair dismissal claim.

Discrimination

You probably also have a sex discrimination claim.

Next steps

You should apply to the Employment Tribunal asap. There is a time limit. Seek the best legal advice you can afford, ideally from somebody who specialises in employment law (not a general practitioner off the high street). They have the expertise to deal with your claim efficiently without needing to do too much research, compared with somebody who will have to research every point before they take any steps. Don’t be afraid to quiz a solicitor about whether they have done pregnancy-related dismissal/discrimination cases before. As you are in Wales, phone Thompsons in Cardiff – they normally deal with unions but if they can’t act for you they will be able to recommend somebody good who can. Or look at who www.Legal500.com recommends for employment law in Wales.

Your employer will likely try to defend your claim on the basis of your performance. However it will help you that (a) your reduced performance was for pregnancy reasons; and (b) they did not give you warnings about your performance.

Hopefully you will not need to go all the way to the Tribunal - a few posturing letters from your lawyer, plus filing your claim at the Tribunal, may be sufficient. Unless there are other factors that we don't know about, most sensibly advised employers would want to settle this confidentially at an early stage.

Answer 3

i have just answered your last question and these extra details help. i would say that if you have found concrete evidence to say that they had advertised your specific job, and that you had done everything possible to keep your morning sickness under control, and that they had put extra pressure on you on top of your noprmal workload...and that this would not have been a "normal occurence" then ...well i'd try and get an initial consultation with citizens advice or a lawyer!

while i was pregnant my hr dept tried raising the amount of time off i'd had (not much compared to how many times i really wanted to go home and be sick) but eventually we negotiated and i continually showed them all the efforts i was going to to try and ease my discomfort. it wasn't easy and believe me as there was another lady pregnant around the same time i felt i was always being compared in a bad light...but i got through it. and most employers should persevere.

Answer 4

I would definitely contact a local attorney that specializies in labor disputes. Do you have proof of the advertisement? If so, be sure to make a couple of copies and bring those with you when you talk to the attorney. Also, if you have any paperwork detailing what your job requirements were when you were hired, have those on hand. This would be good for the not completing tasks part, if they weren't in your job description, they can't reprimand you for them. As far as the lateness goes, most companies have a probationary period, if you were still in this time frame than they may be in the right when it comes to that. Other wise I think a company has to give you warning before they can terminate, but a attorney would know better than I. Good luck and sorry to hear of your loss.

Answer 5

Yes - I think you can. I'm no expert but they cannot sack you for pregnancy related illness and you could claim for constructive dismissal. Go to Citizens advice to find out your options. You may need to consult a solicitor and you may only be offered your job back. As you were only in the post 4 months you might not get very far. Good luck honey - sorry couldn't be more help and sorry about your miscarriage

Answer 6

Yes, you can try. Go and see a lawyer specializing in labour law and see what your options are. Their actions sound questionable at best. You may be able to get compensation of some kind from them. I wouldn't want to go back to work for a company like that though. My condolences on your miscarriage. I suggest you look for a job with a more reputable company. Good luck!

Answer 7

You will probably need all your medical appointments plus doctors notes (they will photo-copy them for you if you give consent) to prove what your saying is correct. Harsh but any tribunal won't take you explanation as a fact. Once your sure you can get these you will need to give the names of your 2 colleagues to discount the company's claim you were late with your tasks. ( As you were doing the work for three). You may not win because you weren't there long enough,, but if i were you i would get some legal aid going and only then would i take them, even if the only result is to **** the bastards up.

Answer 8

You should check local employment law where you are, but it doesn't sound very likely that you have a case. While you do deserve sympathy (I'm sorry you've had such a rough time of it...), do you really think that the way to "fix" that is to punish your former employer? They let you go because you were coming in late & not doing the job they hired you to do, the explanation for those things is irrelevant, isn't it?

Take another careful look at the job ads, you'll discover that most jobs are being advertised most of the time; employers like to keep a "back-up supply" of applicants for all jobs. It wouldn't be a job if it didn't need doing!

Answer 9

Were you on probation at the time? If so, it might be difficult. An unfair dismissal case would be long and stressful. I'm sure you are very angry right now, but think about whether it would be worth it.

Answer 10

Sorry to have to tell you but probably not.

If you are in the UK you need to have had a contract with an employer for a period in excess of 12 month to attract full employment rights.

This is a generality and does not discount entirely your right to bring a case of Sex Discrimination...it does however limit the options you have to challenge.

If you are not in a union...you will need to take advice from a solicitor...either way...unlawful dismissal by way of sex discrimination is the more likely cause of action.

This reminds me...There are some people who still ask what the point of trade unions is?...

Well now you know!!!!!!!!!!!!!!