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I have been working as a office manager in a small firm for past couple of years. There was maternity leave allowed in my agreement. Now I am pregnant and applied for maternity leave, they let me go giving me my last paycheck. I am sure I haven’t done anything so wrong enough to fire me in my entire time in this office. Even if there is something, they are not telling me anything about it. My friends advised me to contact any employment lawyer and proceed with wrongful dismissal charge. Can I consider this as a wrongful dismissal? What all factors can affect this kind of a case?
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Re: Fired for applying for maternity leave
I think you should get employment advice from a lawyer, i dont deal with employment law, but i think from what you say there is a claim for wrongful dismissal and also breach of the equality act too.Originally posted by jenniferjone View Post
The best person to speak to would either be ACAS or if you wanted to speak to a lawyer, then Alex Jones at Howlett Clarke where i work is a very good employment lawyer.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here. -
Re: Fired for applying for maternity leave
I would say both wrongful dismissal AND unfair dismissal. In fact, your dismissal is likely to be considered automatically unfair: https://www.gov.uk/dismiss-staff/unfair-dismissals
Wrongful dismissal refers to the contractual notice period if you were dismissed without notice (or similar breaches of your contract).Automatically unfair reasons for dismissal
Even if you’ve acted reasonably, some reasons for dismissal are classed automatically unfair. These are to do with the following areas:
- pregnancy, including all reasons relating to maternity
- family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
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Re: Fired for applying for maternity leave
I agree entirely with [MENTION=37786]FlamingParrot[/MENTION] - seek professional legal advice at your earliest convenience with a view to bringing a claim for automatic unfair dismissal and wrongful dismissal.
- MattDisclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.Comment
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Re: Fired for applying for maternity leave
Although legal aid is no longer available for most employment matters, it's still available in cases of discrimination and being fired for being pregnant would fall under this category: https://www.citizensadvice.org.uk/la...-legal-aid-for-
It is also possible to obtain pro-bono legal representation for ET claims (I got it in 2003 and again last year :grin
although a number of law clinics are run by universities and may not be available outside term time. This is a good place to find a law clinic: http://lawworks.org.uk/clinics. If you happen to be in London, this is a place a lot of people I know have used: http://www.toynbeehall.org.uk/employment-rights
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Re: Fired for applying for maternity leave
Hang on guys the op referred to "Paycheck" and "applied for maternity leave" - We don't call them paychecks in the UK and we don't apply for maternity leave, we simply inform them when pregnant and your automatically entitled to maternity leave
@jenniferjone - Can you please confirm if you were employed here in the UK or over in the USA?Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: Fired for applying for maternity leave
Well spotted but I have heard wage slips referred to as paychecks or payslips, among other things.
- MattDisclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.Comment
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Re: Fired for applying for maternity leave
True i have heard people mention paychecks too, but majority of people refer to them as wage slip or pay slip. Also i never heard of anyone having to apply for maternity leave, though i guess it could just be the wrong terminology that Jennifer used!Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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Re: Fired for applying for maternity leave
The OP hasn't come back to us but they could also be an American or other foreign resident working in the UK or someone who's worked in the US or elsewhere where that terminology is used.Comment
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Re: Fired for applying for maternity leave
It does appear the OP is based in Canada ( going by IP address )#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
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Re: Fired for applying for maternity leave
Exactly, thats why i asked her to confirm if she was employed here in the UK or in the USA, since her IP address is from Canada i wasn't far out.Originally posted by FlamingParrot View PostPlease note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
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