unfair illegal dismissal?

[sa6storm]

Hi,

This only applies to English employment law.

I was offered a job 2 weeks ago to start last Monday. I called and emailed the day after I was offered to Job to apologise and say I couldn't start until the Tuesday due to notice period. They were fine with this. I worked till Thursday but that evening after work my partner went into Labour. In the the interview they were aware she was heavily pregnant and said it would be okay if I needed to see her if and when. So Thursday night I emailed my boss saying I would not be in Friday as my partner was having our baby.

I then received a voicemail saying not to come back to work as I have missed to days work! I was offered a full time permanent contract not a temporary role and with no probationary period.

Is this legal? Can they do this?



Ps they are a recruitment agency so I think they are used to just firing people but I was actually working with them not as a temp or agency worker.

[sa6storm]

Re: unfair illegal dismissal?

Hi,

This only applies to English employment law.

I was offered a job 2 weeks ago to start last Monday. I called and emailed the day after I was offered to Job to apologise and say I couldn't start until the Tuesday due to notice period. They were fine with this. I worked till Thursday but that evening after work my partner went into Labour. In the the interview they were aware she was heavily pregnant and said it would be okay if I needed to see her if and when. So Thursday night I emailed my boss saying I would not be in Friday as my partner was having our baby.

I then received a voicemail saying not to come back to work as I have missed to days work! I was offered a full time permanent contract not a temporary role and with no probationary period.

Is this legal? Can they do this?



Ps they are a recruitment agency so I think they are used to just firing people but I was actually working with them not as a temp or agency worker.

After I have just emailed them saying it was unfair they all of a sudden claim pety cash is missing! Something 15 other people can access.

[charitynjw]

Re: unfair illegal dismissal?

Hi sa6storm,

If I were you I would contact EHRC.

A very similar case, supported by EHRC, for associative discrimination concerning association with the protected characteristic of pregnancy of another, was due to be ruled on by the European Court of Justice.
It was settled out of court before the ECJ ruled on it.
Kulikaoskas v Macduff Shellfish and Duff [2011] ICR 48