unfair dismissal - update

Does anyone think that it will be difficult for me to get a job now that I am pregnant as I got sacked yesterday?

I had a day off about 2 weeks ago because I was really poorly. Then last monday they told me that they were taking my bus pass away and wouldn't replace it as I had had a day off. I have had days off in the past and it hasn't been taken before.

I informed them that I would not be attending work on Tuesday, Wednesday or Thursday as I had no money for buses. I then had to have Friday and Monday off as I was ill, but I rang both days and told them.

When I got back yesterday, they sacked me as I had not rung in on Tue, Wed and Thur, even though I had informed them that I wasn't going to be in.

Does anyone think that I will be able to get them for unfair dismissal?

xxxxxxxxxx

sorry for the long post guys xxxx


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[Modified by: Steph+bump on 15 April 2008 16:33:58 ]
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Posts

  • Ohhh don't know but didn't want to read and run. Let us know how you get on.
    xxxxxxxx
  • Hi there, I think you may have a case for unfair dismisal, I would speak to your local citizens advice office and see what they have to say about the matter. Dosn't seem fair expecially if you told them you would be in work. Also there should be a system set in place to deal with these matters such as I think you should be given a verbal warning, then either 1 or 2 written warnings before you can be sacked unless its for gross misconduct. Thats how it works in my job anyway. As I say speak to the CAB and they will be able to inform you. Good luck and keep us posted on what happens!
    Tammi xxx
    http://tickers.baby-gaga.com/p/dev165pf___.png


  • Hi hon, used to work in HR and had to carry out disciplinaries all the time.

    Firstly, you cannot just be sacked for no reason. The most they can do at this stage is call you in for a disciplinary hearing to address their concerns with you.

    You basically have to be given two written warnings after hearings and then be asked to go back in for a 3rd. They are treading on VERY dangerous grounds here. Do they know you're pregnant because if they do, then they've got even less of a leg to stand on.

    Firstly, write a letter to the HR dept/head of the company asking for a copy of their disciplinary procedure and stating that you wish to raise a grievance against the company for unfair dismissal. You must do this within 3 months or you will lose all your rights.

    Then if you have a union, contact them or have a look at Acas.co.uk - they have a phone number that you can call for advice and will also have stuff online - it's free and they're brilliant.

    Oh just realised Tammi has already written about the system - sorry to repeat!

    Good luck - what gits huh?

    Re looking for another job, you do not have to disclose you are pg until 15 weeks prior to birth (25 wks). Obviously the employer will be pi*sed when they find out you are pg, but legally they can't do anything to get rid of you - they would have to justify why they were letting you go.

    Good luck hon

    Karenxx
    28+3

  • regarding sickness, i thought you were allowed a maximum of 3 episodes of sickness in three months. If you have more you get a written warning. It may be slightly different for different companys. But I think like Karen says you need to written warnings and a verbal before being sacked due to sickness. It seems a bit strange to give you no warning about bus passes etc. If they gave you no warning they cant expect you to get money from the air to pay for bus tickets if you rely on your bus pass. I would follow karens advise of who to write to as she seems to know whats best having worked in HR.

    How many wks preg are you? Sorry to hear the news. xxx
  • if your sickness is pregnancy related then they cant sack you because of this and your also entitled to reasonable time off during normal working hours to attend any antenatal appointments.
    you also have the right not to be dismissed or made redundant because of pregnancy or for any reason connected to pregnancy, and you cant be subjected to any disadvantage whatsoever so your boss is already in the wrong. i was off 2-3 days per week with awful sickness and when i was there i was being sent home after a few hours because of it, sometimes i didnt phone but on returning just said it was due to sickness. im now on the sick and have been for 5 weeks untill nausea is better and my work have been great.
    hope you sort it out soon xx
  • thank you so muc for your advice everyone. I am 11 weeks. They knew I was pregnant and my due date and everything.

    I am just so angry at the way that I have been treated. I was going to go to teh CAB straight away yesterday, but I was so angry that I knew that I would cry. Have been in the job centre all day today and wandering round with CV's- I feel like I am scrounging from the system.

    will defo go to the CAB first thing tomorrow and speak to them.

    xxxxxxxx

    ps my feet hoit lol xxx

  • shaz is right. When i was replying i was refering to sickness in general. I wasnt thinking properly. But they dont have a leg to stand on, especially if you were off with morning sickness etc. HOpe you get it sorted out xxx
  • Thought I'd add to this. Just been and looked at my last wages in the bank. I worked 1 day of my last week which means i should have about ??30 for that. Got ??230 in the account! Either I am owed a lot of holidays or they are really scared of a lawsuit!!!
    xxxx
  • The advice is all right Steph, no action can be taken over pregnancy related sickness, and you cannot be sacked without an investigatory and disciplinary hearing. You should seek some advice and, if they have an HR department, contact them. Good luck and keep us posted. x
  • are you on a temp contract coz i was under the impression if you were a temp they could actually do that.
  • Heya, just to let you all know that I have spoken to my solicitor today and we are going to push for sexual discrimination, unfair dismissal and hurt feelings (that part because of them accusing me of not being pregnant), to get loss of earnings and compensation. Thank you all for all of your advice and help xxxx
  • Good luck Steph and lets us know how you get on!
    Tammi xxx
    31.4 weeks
  • Sounds like a horrible company that u work for, i wud have thought they wud need to give u some warnings before sacking u anyway especially as its not happened before, wat a bunch of tossers. Glad uv got a case tho. Kerry xxx
  • Good luck!!! It's great that you've decided to take this on-so many people just put up with behaviour of companies... Keep us postedxxx
  • Am glad to hear you have a solicitor and have a case.

    That company have treated you horrendously and should not get away with it. Good Luck with the fight and keep us posted.

    Love Lee xxxxx
  • Good for you, Steph! It's great news that your solicitor thinks they have a case to answer, good luck with it and let us know what happens.
  • Thank you again for your support everyone, will defo keep you all up to date! Am gonna make sure they don't get away with it, so they cant do it to anyone else. image xxxxxxxx
  • How long have you worked there?
  • Good Luck Steph, I'm glad your challenging them as I think we have a tough enough time in early pregnancy without extra stress of crappy employers and unfair actions!
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