Sacked while pregnant, what to do?

[Penguin123]

I work for a small company (3 employees + director). I have a full time job with a contract stating 3 months notice and I earn £38,000 p.a. I started working at the company on 1st June 2015 following 2 years in full time employment at another company.

Last week my employer sat down with the whole team and informed us that the company was in hard times financially and we all needed to do all we could to win new business. He didn't put anything in writing.

Yesterday he verbally tried to terminate my employment on the grounds of poor performance in my job. He has asked me to leave by 2 months 'mutual notice' (my contract says 3 months). I have never had a written warning that there is anything wrong with my performance in my job. Following our meeting yesterday, he has yet to put anything in writing.

I am 13 weeks pregnant with a baby due on 30th July. I haven't notified him that I am pregnant and I think it's very unlikely that he knows (although theoretically he could have seen a picture of a baby scan when looking in my email inbox last week). I desperately don't want to lose my job, because I will find it very hard to get another one when I am 6 months pregnant. I was expecting to be able to rely on statutory maternity pay when the baby is born.

Please can someone advise me what I can do. Should I formally notify him that I am pregnant? Would it be beneficial to do this before he notifies me in writing that he intends to dismiss me?

Should I fight for 3 months notice (as specified in my contract). According to this guide, I am eligible for maternity leave / pay if I fulfil a number of conditions. Do I fulfil these conditions, even if he gives me notice today that I have to leave after working 3 months notice? (In that instance I'll still be on the payroll in the 15th week before the baby is born)
https://www.gov.uk/employers-materni...f-of-pregnancy

I feel that I have been unfairly treated, but my main priority is to get paid for my job for as long as possible and get the maximum possible maternity pay entitlement. Thanks in advance for any help that you can offer.

[Amethyst]

Re: Sacked while pregnant, what to do?

Starting leave 2 weeks before the baby is due you'd be entitled to SMP according to the gov maternity leave calculator

Statutory Maternity Leave

The employee is entitled to up to 52 weeks Statutory Maternity Leave.

Start	15 July 2016
End	13 July 2017
Latest date to claim leave	16 April 2016
Earliest date leave can start	8 May 2016

Statutory Maternity Pay

The employee is entitled to up to 39 weeks Statutory Maternity Pay (SMP) if they claim SMP in time and give proof of the pregnancy.

Average weekly earnings	£730.61538 (don’t round this up or down)
Latest date to claim SMP	17 June 2016
SMP start date due to pregnancy related illness	26 June 2016
Proof of pregnancy	Usually within 21 days of the SMP start date (or as soon as possible if baby born early)

However if you leave before 16th April you wouldn't be entitled to anything.

That your contract is for 3 months notice takes you to 26th April 2016 and 2 months only takes you to 26th March, I'd hazard a guess that he is already aware of the pregnancy and that is exactly why you're in the firing line. Its incredibly quick to have given a 'pull your socks up' speech to the team and then less that a week later try to fire someone for their performance since then? I think you may be feeling this is a bit of a cover story to get rid of you quickly before your qualifying dates. You want your three months notice that he is contracted to and even if he wants you to go on gardening leave for the last month he still has to pay you and you will still have your rights to SMP.

So yes I would formally inform him of the pregnancy, in writing, with your MATB1 stating when you intend to start your leave.

If you get chance before going to work maybe give ACAS a call, these calculators are usually accurate but it is best to check and they might be able to advise on the contractual notice period issue as well and how to approach it with him. Of course if he is dismissing you because of your pregnancy it would be automatically unfair, so it might end up being important whether he already knows so I would tell him in person.

Has your performance actually been worse than the other employees? Do you feel he is picking on your particularly or have the other 2 had similar meetings? Do the others know you are pregnant ?


Maternity Leave Letter template Dear [name of your employer/manager]
Re: Request for maternity leave
National Insurance No: [add your NI number here]
I am writing to let you know that I’m pregnant and that my baby is due [insert your due date here]. I have enclosed my MATB1 certificate which confirms my due date.
I would like to start my maternity leave and pay on [insert the date you’d like to start your maternity leave]. I understand that if I wish to change this date I have to give you a minimum of 28 days’ notice.
I understand that I qualify for 52 weeks' maternity leave, made up of 26 weeks ordinary maternity leave and a further 26 weeks additional maternity leave.
I believe I qualify for SMP. Please can you confirm this, and let me know what amount I will receive.
Please let me know if you require any information. I look forward to hearing from you to confirm these details. [Your employer is obliged to confirm within 28 days of this letter]
Yours faithfully
xxxxxxxxxxxxxx


Hopefully [MENTION=26290]mariefab[/MENTION] will pop in before you leave for work today as she is far more educated in employment matters than I am, I just didn't want to leave you hanging xxxx

[Penguin123]

Re: Sacked while pregnant, what to do?

Amethyst, thank you so much for this. So very helpful.

I have just received a 'notice' email from the director stating he is issuing me with 3 months notice as per my contract. This would take me up until the end of April 2016 so the dates seem to qualify as you mention.

My performance has not been worse than the other team members and we actually all received a praise email from the director this Saturday morning saying thank you/great efforts etc. So it is very out of the blue.

One of the other girls had a very similar meeting last week where her performance was questioned. She was threatened with a written warning but this didn't transpire.

I myself have had two similar meetings with the director in the past (July 15 & Sept 15) which have been verbal discussions and have never resulted in any formal written warnings or disciplinary action from the director.

If I were to accept the 3 month notice period as he states, would I be eligible to find other work once my contract is terminated at the end of April? I would have 2.5 months before the baby is due where I would still be able to work, or would this effect his cover of my SMP?

Thank you again, I am extremely grateful for your advice. X

- - - Updated - - -

Also, I have not yet replied to his notice email nor have I formally informed him of the pregnancy. Do you think I should do both in writing before I go into work today? Then talk to him face to face? Thank you x

[Amethyst]

Re: Sacked while pregnant, what to do?

Have the other two been at the firm the same length of time ? ( ie are you being selected because you've been there under two years ?) or do the other two know of the pregnancy ? ( Congratulations by the way )

I'm not sure about finding work in between end of your notice and starting Maternity leave to be honest - I'll have to look it up.

As you have been there less than two years then you are limited in rights ref the dismissal, although he should still follow the correct disciplinary procedures... if you weren't pregnant it would be a case of not a lot you can do about it.

ACAS are actually open from 8am so you could try giving them a quick call before work - I'm not sure how much advice they actually give these days but they will know the rules better than I. 0300 123 1100.

[Amethyst]

Re: Sacked while pregnant, what to do?

Just double checked on a couple of Maternity sites about the job ending after qualifying week ( 16th April)

you are still employed in the same job in the 15th week before your expected week of childbirth. You are counted as being in work that week even if you only work for one day or part of a day that week or you are off sick or on holiday. You can still qualify for SMP if you resign or your job comes to an end at any time after the 15th week before your baby is due, as long as you were employed in all or part of the qualifying week and you meet the other qualifying conditions.

Do I still get SMP if my job ends after the 15th week before my baby is due?

Yes, you can still get SMP as long as you are employed in the 15th week before your baby is due and you meet the normal qualifying conditions stated above. It doesn’t matter if you are off sick or on holiday in that week. Once you have qualified for SMP, you are entitled to receive it for the full 39 weeks. This is true even if you are made redundant, you leave your job or a fixed term contract comes to an end at any time after the 15th week before your baby is due or during your maternity leave.

Remember, you do not have to repay SMP if you leave your job as your employer can claim back all or most of the SMP from HM Revenue and Customs.

[Amethyst]

Re: Sacked while pregnant, what to do?

Maternity Action say this

Can I start work for a new employer if I am receiving SMP from my old employer?

Before the birth: you can work for a new employer and still receive SMP from your old employer before the birth.

I don't know the ins and outs of the actual rules though.

[Penguin123]

Re: Sacked while pregnant, what to do?

Thanks Amethyst.

The other two girls don't know about the pregnancy either. I only had my 12 week scan this past Friday so was waiting until the right time to tell everyone and then this all happened! Not ideal.

They have both been there longer than I have so it does feel a bit like last one in, first one out but with the added sting of me being pregnant and it being a very difficult time / situation.

Will give ACAS a ring now, thank you for the number and advice. It's a shame it seems as though he has followed no procedure and the company doesn't have its own in place so it's almost as though he is making it up as he goes along. He did say to me yesterday if I wanted to get 'legal' then his tone would become 'very different'. Not very nice!

[Penguin123]

Re: Sacked while pregnant, what to do?

Ok ACAS were quite helpful and said to notify re. Pregnancy as soon as possible as I would have more protection and also would be entitled to antenatal appointments etc. Re. Pay I need to seek advice from HMRC who I can't reach at the moment.

Do you think I should reply to his notice email this morning before arriving to work to confirm receipt and also formally notify re. Pregnancy? So I am covered in writing, then discuss with him?

Thanks again. X

[Amethyst]

Re: Sacked while pregnant, what to do?

He did say to me yesterday if I wanted to get 'legal' then his tone would become 'very different'. Not very nice!

Okay that means he knows he is in the wrong, probably took some advice yesterday after talking to you about your notice period.

Do NOT at any point go down to his level - stay nice, stay professional and put as much as you can in writing.

I would formally notify of pregnancy in writing now - you've got your MATB1 haven't you ?

HMRC are always a nightmare to get hold of.

The notice of dismissal - I think you should hold on to that for the moment as he may well change his mind - if he is going to have to pay you SMP anyway from July he may as well get some work out of you first xxx When [MENTION=26290]mariefab[/MENTION] comes on she might want to see the notice he has sent you, if you can possibly redact personal names etc off it and post it up ?

[mariefab]

Re: Sacked while pregnant, what to do?

Yes, send him an email informing him of your pregnancy and stating that as you will still be employed on 10th April, albeit working your notice period, you will therefore be entitled to Statutory Maternity Pay. (Don't worry if you haven't got your MATB1 yet, you can provide it later.)
Do this immediately in case it turns out that there's a clause in your contract permitting your employer to pay you in lieu of notice.
As he hasn't yet stated an intention to PILON, if he tries it after you inform him of your pregnancy he'd have a hard time coming up with a non-discriminatory reason.

[Amethyst]

Re: Sacked while pregnant, what to do?

Thanks [MENTION=26290]mariefab[/MENTION] xxxx and hope things go okay at work today [MENTION=80128]Penguin123[/MENTION]

[mariefab]

Re: Sacked while pregnant, what to do?

Leave it to him to raise the notice of dismissal. If he does, just confirm that you received his email and ask whether he received yours.

[Penguin123]

Re: Sacked while pregnant, what to do?

Hello [MENTION=26290]mariefab[/MENTION], really appreciate your advice and guidance.

So overnight the director put in writing that he would like me to serve my 3 month notice as per my contract and I have replied saying I confirm receipt and will come back to him in writing today. I do not agree with his allegations but it seems to me he has already made up his mind re. the dismissal given the poor financial situation of the company and me being the 'last in'. I would be worried to try to fight my corner given I have not been in employment here for 1 year and as far as I am aware wouldn't have firm grounds if I took it to tribunal. Would you agree? I could only get a small payout which really wouldn't help my situation given the pregnancy and timings.

I was planning on sending him a formal notification of my pregnancy at lunch today when I have some time to compose it, detailing all the info as you and @amethyst mention. Then as least I am covered on that basis. Do you think I then await his response re. pregnancy before I confirm in agreement to the dismissal notification? He may change his position I suppose...

Thank you so much again, you have both been so helpful. X

[mariefab]

Re: Sacked while pregnant, what to do?

I agree that you don't currently have grounds for a Tribunal claim. Although it's suspicious that he tried to get you to agree to 2 months notice; he's now given the correct contractual 3 months.
He could have just given you 3 months notice without giving any reason at all because of your length of service.

As you've already confirmed receipt of his email you don't need to write anything else about your notice of dismissal. It's his unilateral decision, not a choice you've been offered, and you're not required to agree to it.

You said that you'll come back to him in writing today so you could send something like this:

I'd like to inform you that I'm pregnant and my due date is 30th July. As I will still be in your employment on 10th April, while working my notice period, I will be entitled to Statutory maternity pay. Please let me know if you like me to provide a MATB1.

If he subsequently make any mention of PILON or shortening your notice period, or anything else you're not comfortable with, say you'll think about it and come straight back to this thread.

[Penguin123]

Re: Sacked while pregnant, what to do?

That's brilliant thank you [MENTION=26290]mariefab[/MENTION], will do exactly that and let you know how it goes.

Just checking so I am clear, when would the SMP start if my end of contract date is the 29th April? Would it be from 11 weeks prior to due date, so the 15th May? As per -

If your employment ends before the start of the 11th week before the week your baby is due, your SMP will start at that 11th week.

xx