dismissed incase she falls pregnant

[carlwayne]

My friend was working for the last 3 months on a 3 months probation period and the last week of trail she had food poisoning and the boss said she can not come back until she has a fit note as it was in a chippy. on the last day of her trail, same week as sick, he asked her to go to the shop. he then told her that the trail was up and she no longer had a job, hes reasons was that she would jump for extra hours after being rang at 7pm on a bank holiday whist kids in bed to come in asap. also he also had another working on trail that started same week and said he does not want to keep my friend as she is 24 with 2 kids and she might get pregnant and cant be bothered with dealing with maternity pay, and the other lass is in her 40s so there will be less chance of that happening and did not want to over work her.

Is this classed as a unfair dismissal because she MIGHT get pregnant.


Thanks for in advanced for your replys

[charitynjw]

Re: dismissed incase she falls pregnant

Hi carlwayne, & welcome to Legal Beagles.

Does your friend have actual proof of the employer's statements?.

If so, what kind of proof?

[wales01man]

Re: dismissed incase she falls pregnant

Highly unlikely the employer wrote it down,as it was a trial period the employer no doubt can terminate it cannot see any discrimination here if she becomes pregnant is the same as if she becomes disabled in either case if it had happened their may be discrimination but can you discriminate against someone on maybes?

[carlwayne]

Re: dismissed incase she falls pregnant

just words he used not wrote it down and also confirmed it with her partner

[leclerc]

Re: dismissed incase she falls pregnant

My friend was working for the last 3 months on a 3 months probation period and the last week of trail she had food poisoning and the boss said she can not come back until she has a fit note as it was in a chippy. on the last day of her trail, same week as sick, he asked her to go to the shop. he then told her that the trail was up and she no longer had a job, hes reasons was that she would jump for extra hours after being rang at 7pm on a bank holiday whist kids in bed to come in asap. also he also had another working on trail that started same week and said he does not want to keep my friend as she is 24 with 2 kids and she might get pregnant and cant be bothered with dealing with maternity pay, and the other lass is in her 40s so there will be less chance of that happening and did not want to over work her.

Is this classed as a unfair dismissal because she MIGHT get pregnant.


Thanks for in advanced for your replys

I'm afraid she has no case for unfair dismissal. What he is alleged to have said, if not overheard by witnesses independent to her, are unfortunately not actionable.

Her trial was up and he decided not to take her on so that is it. There is no case here.

[charitynjw]

Re: dismissed incase she falls pregnant

Her partner may not be viewed as an impartial witness.

There seems to me to be a possible case for direct, indirect & possibly even age discrimination.(Unless he could somehow legally justify hiring only older women)

But I can't see the employer 'holding his hands up' & admitting it, unless he particularly enjoys having the book thrown at him.

(Discrimination due to a 'protected characteristic' is not subject to the (now) 2 year qualifying period)

[leclerc]

Re: dismissed incase she falls pregnant

Her partner may not be viewed as an impartial witness.

There seems to me to be a possible case for direct, indirect & possibly even age discrimination.

But I can't see the employer 'holding his hands up' & admitting it, unless he particularly enjoys having the book thrown at him.

and i think the first sentence is the key. Ultimately he can simply say that she was on a trial period and he chose not to take her on and that is game over.

[carlwayne]

Re: dismissed incase she falls pregnant

ok Thanks for all your views, i was just wondering where she stood as she alittle peed off with the reasons he gave. but thanks all

[wales01man]

Re: dismissed incase she falls pregnant

Good luck for her to find another job

[bluebottle]

Re: dismissed incase she falls pregnant

One thing to do is to inform the local Jobcentre Plus office of this chippy owner's neanderthal way of thinking. It does get recorded - or should be recorded - and then flagged up when the employer tries to use JCP to recruit employees.