There are parts of the job description that she simply cannot and will not do. She will fail her last enhancement plan but nothing will happen. What am I to do? Is there anything I can provide to the HR Director to help her reconsider? It's absolutely perfectly legal to fire someone who is pregnant and waiting until she gets back from maternity leave doesn't make it any easier. The protections don't end once she delivers the baby. What is illegal is to fire someone because she's pregnant.
And here is why your HR director is worried and forbidding you from firing this employee: You knew you had a terrible employee. You knew for months that she wasn't capable or willing to do her job. But you waited until after she announced she was pregnant to begin any sort of formal disciplinary process. Even though she absolutely, positively needs to be terminated assuming that everything you've said is true , you didn't do anything about it until after the pregnancy announcement and that makes it look like you are disciplining her because of the pregnancy.
Now, this doesn't mean you can't legally fire her. It just means that you have to be extra cautious about the whole affair. Need Employment Law Advice? We Can Help! Enquire Now. Enquire Here. If you are pregnant or on maternity leave and are concerned about discrimination, Howells Solicitors This is a myth, find Get to know her and a bit m The Job Retention Scheme is Ending.
Howells Local Teams. Bridgend - Bridgend howellslegal. Get in Touch. You may have a claim for pregnancy discrimination and loss of wages if your employer is cutting your shifts because of your pregnancy or in order to avoid payment of Statutory Maternity Pay SMP. In some cases there may be a genuine reduction in work and an employer will have to reduce the amount of work offered to its employees but this must be done in a fair and non-discriminatory manner. If your pay is reduced during the calculation period for SMP, which is approximately weeks 18 to 26 of your pregnancy, your SMP may be lower or you may not qualify for SMP at all.
If your employer dismissed you, made you redundant or ended your contract to avoid paying SMP you can contact the HMRC Statutory Payments Disputes Team on and ask for a formal decision, see How to resolve disputes at work below. For more information on how to get your maternity pay, see Maternity Pay Questions.
You should speak to your employer about the reduction in your shifts. It is best to ask to have an informal chat at first and try to resolve things amicably. If necessary, you can write to your employer, your HR department or a senior manager and ask them to look into it. It may also help to send your employer information on your rights to maternity pay and other rights during pregnancy. If you are unable to resolve it and your employer continues to refuse work, you may be able to claim loss of wages and pregnancy discrimination in an employment tribunal, see How to resolve disputes at work, below.
Miss W worked about 13 hours a week over two to three days as a maid in a hotel. A roster was drawn up each week. She informed her employer that she was pregnant and took three days off sick. She was rostered to work for two weeks but, thereafter, was not rostered for any more work. The tribunal found that she had been treated unfavourably because of her pregnancy. Her employer said that she was not rostered because there was not enough work available but the tribunal found that another employee had been allocated more than her usual contractual hours.
If your employer has reduced your workload because of your pregnancy you may have a claim for pregnancy discrimination and detrimental treatment.
Your employer may be cutting work for other reasons, for example, a genuine downturn in the work available so it is a good idea to speak to your employer informally at first to try to resolve it.
If necessary, you can write to your employer, your HR department or a senior manager and ask for a meeting to discuss it further. You must contact ACAS within the time limit of three months less one day from the date of the act you are complaining about. Ever since I became pregnant my manager has made my job difficult. What should I do? Unfortunately many women experience unfavourable treatment after announcing their pregnancy at work.
Unfavourable treatment can include a range of behaviour, such as refusing training or promotion, making comments or assumptions or making the job more difficult.
Many women who experience discrimination during their pregnancy are reluctant to make a complaint for fear of rocking the boat before their maternity leave or of jeopardising their return to work. You should bear in mind that there are strict time limits for making tribunal claims so you cannot always raise matters that arose during pregnancy at a later stage. You should try to keep talking to your employer for as long as possible to try to resolve things amicably.
My employer has complained about the amount of time off I am taking for my antenatal appointments. Time off for antenatal care can be a leading cause of resentment amongst colleagues and employers. The amount of time off you need is a very individual matter and no two pregnancies are the same. It may help to give your employer as much notice as possible of your appointments, try to minimise disruption as much as you can and talk to your employer about how your work will be covered during your absences.
The law says that employees and agency workers who have been in the same placement for at least 12 weeks are entitled to reasonable paid time off for their antenatal care. Your employer cannot ask you to take appointments outside working hours. If you work part-time, you are still entitled to time off where your appointments fall during your normal working hours if this is unavoidable. You should do everything possible to minimise disruption to your working day by making appointments at a time that will reduce your absence from work but if you have no control over your appointments you are entitled to take a reasonable amount of time off for your antenatal care.
Antenatal care can include classes providing they are recommended by a registered midwife, nurse or GP as part of your antenatal care. If your employer asks, you must provide proof of pregnancy and proof of the appointment. Your employer cannot ask for proof for the first appointment.
You are entitled to reasonable paid time off for all antenatal appointments, scans and classes providing they are recommended by a registered medical practitioner as part of your antenatal care. Apart from the first appointment, your employer is entitled to ask for proof of your pregnancy and the appointment e. You are entitled to be paid for a reasonable amount of time off for your antenatal care.
You should try to resolve it amicably at first by asking to speak to your employer informally. If necessary, you can write to your employer or agency, your HR department or a senior manager and ask for a meeting to discuss it.
It may help to provide your employer or agency with information on your rights as many are not aware of your rights in this area. If your employer still refuses to allow you to take time off for antenatal care or refuses to pay for all or part of your time off you can bring a claim in an employment tribunal under section 57 of the Employment Rights Act section 57ZC for agency workers.
You must bring a claim within three months less one day of the date of your appointment. If you are thinking of making a claim in an employment tribunal you must contact ACAS on within the time limit to start Early Conciliation. You may also have a claim for pregnancy discrimination if you have been treated unfavourably for taking time off for antenatal care. See How to resolve disputes below. For more information, see Time off for antenatal care.
If you are an agency worker, see Maternity and parental rights for agency workers. I am concerned about health and safety risks at work but my employer is not taking any action. What can I do? You should notify your employer in writing that you are pregnant and ask your employer to take reasonable action to protect your health and safety. If you are concerned about your health and safety at work, you could discuss it with your midwife or GP and, if necessary ask for a letter or fit note setting out the risks and action that needs to be taken.
The Management of Health and Safety at Work Regulations say that an employer must assess the risks to pregnant women and new mothers and take reasonable action remove any risks by altering your working conditions or hours of work, such as providing somewhere to sit down or extra rest breaks.
If it is not possible to remove the risks, employees and agency workers who have been in the same placement for at least 12 weeks are entitled to be offered suitable alternative work on similar terms and conditions or, if no work exists, you are entitled to be suspended on full pay. For more information, see Health and safety during pregnancy and return to work. If your employer has not dealt with any health and safety issues adequately and you are forced to take sick leave your Statutory Maternity Pay may be reduced.
It may help to give your employer information about your rights during pregnancy. You can find Government information on health and safety here: www. Ask to have an informal chat at first and try to resolve things amicably. If there are risks at work and your employer has not taken action to remove them, you may be able to claim for any loss of wages and pregnancy discrimination in an employment tribunal, see How to resolve disputes at work, below.
Sick leave during pregnancy. I have had to take a lot of sick leave during my pregnancy, can my employer dismiss me? No, it is automatic unfair dismissal and pregnancy discrimination to dismiss a woman because of pregnancy or pregnancy-related illness. Your employer must record any pregnancy-related sickness absence separately from other sickness absence so that you are not disadvantaged.
Pregnancy-related sickness absence must not be taken into account for redundancy or disciplinary purposes. If you think that your sickness is being caused by your working conditions you should talk to your midwife or GP. You could ask them to write a letter or fit note setting out the health and safety risks and action needed to protect your health and safety.
Your employer should remove any risks to your health and safety and, if necessary, make changes to your working hours or conditions or offer you suitable alternative work. If your employer normally pays full sick pay, when you are off sick, you are also entitled to full sick pay for pregnancy-related sickness. You should check your contract or staff handbook. If you do not usually get full sick pay from your employer, you are entitled to Statutory Sick Pay if you are off sick during your pregnancy and you meet the qualifying conditions, see: www.
For more information on your rights to sick leave and pay, see Sickness during pregnancy and maternity leave. Note: if your pay is reduced because you are on Statutory Sick Pay during the calculation period for Statutory Maternity Pay, which is approximately weeks 18 to 26 of your pregnancy, your SMP may be lower or you may not qualify for SMP at all. See Maternity Pay Questions. What can I do if I am unhappy about the way I have been treated during my pregnancy? It is important to try to resolve it amicably if possible by talking to your employer informally.
You could ask for a meeting to discuss any problems at work. Try to keep it friendly and constructive and focus on solutions, rather than going over what has gone wrong.
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