Dismissal during Probationary Period after telling employer that I'm pregnant

[GTe123]

Hi,


I'm really hoping that someone may be able to help me here.


I only started my new job on 11/09/17 for an IT company of which I was appointed an Account Manager.


A week after I started, I found out to my absolute surprise that I was pregnant and in my absolute state of shock, I did not go into work and informed my employer that I had a personal issue and I would call him to discuss.


I was completely honest and through my distress, I told him the next day that I'd discovered that I was pregnant and that I couldn't come in. He said that he would give me a call on the Wednesday (22/09/17) to 'see how I was'


After no call on Wednesday, I texted him that night and said that I was expecting a call from him, he said that I must have been confused and that he didn't say he was going to call me (weird?) and that he knew I was going to the Dr's (as I mentioned in the phone call on Tues) on the Thursday.


On Friday, I was still feeling awful; a mixture of early morning sickness, as well as the terrible cold due to my pregnancy-induced surpressed immunity.


On Monday (today) I came into work and he took me aside. He then began to say that he did not realise how "technical" the role was going to be and that as I hadn't come from an 'IT background', he did not think that I was able to fulfil the job requirements.


Saying this, when I interviewed for the role, I did express that I'm not the technical type and asked him if this would be a hindrance, of which he stated 'don't worry about that, that's what training is for!'


He also stated that I spent a lot of time 'looking out of the window', but I didn't sit near a window. So that's completely impossible.


I said that I felt as though this was 'convenient timing', as he knew that I was pregnant and prior to this had no complaints about my job performance. He replied briskly by saying 'this has nothing to do with pregnancy, or your time off last week and I have consulted HR prior to this conversation'


I then ended the conversation as I could feel myself getting emotional (early pregnancy hormones!) and I didn't want him to see me distressed.


What can I do here? Do I have any rights at all? I was in the Probationary Period, so I do understand that the power isn't really in my hands, but his attitude against me completely changed once he had learned of the pregnancy and he had suddenly decided that the role would be 'too technical', even though he had stated beforehand that it was not an issue.


I emailed shortly after leaving asking to please outline my 'failure to demonstrate the suitability to the role', of which I have had no response.


Thank you.

[jaguarsuk]

Re: Dismissal during Probationary Period after telling employer that I'm pregnant

Hi Welcome, congratulations on your pregnancy and I'm sorry I can't help.

However @Ula will probably be able to offer advice and hopefully will be long to help.

[ULA]

Re: Dismissal during Probationary Period after telling employer that I'm pregnant

Hi and congratulations on our pregnancy.

Under the Equality Act 2010 if you are dismissed because of your pregnancy, including a pregnancy- related illness, it’s unlawful discrimination. Your employer cannot rely on the fact that you are in your probationary period to avoid the responsibility they have under the Equality Act.

I am not quite clear whether you have been formally told in writing that your employment has been terminated.

In my opinion the email you sent was good in that they are going to have to justify why they believe you have failed to demonstrate the suitability for the role bearing in mind you had only been in the job for a week which is always about "acclimatising" to your new work environment.