Posted by
Babeez
19 yrs ago
Hi all,
Just wondering if anyone might have any practical advice for my friend who works in the UK. She is 8 months pregnant and has been at her job (in a bank) for 2 years. Last week, she was told that her position was no longer needed in the company and they gave her one month's notice. She had never received complaints from her bosses and had no idea this was coming. She will now lose her maternity leave. Can she challenge her bosses? Any idea where to start? Any advice would be much appreciated.
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Totty
19 yrs ago
She could try and take advice form the Citizens Advice Bureau in the UK.
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TC
19 yrs ago
If "her position was no longer needed" it sounds like a redundancy, in which case the "never received complaints from her bosses" has no relevance. But like Totty said, better to get some advice from people closer to the action, and the CAB could be a good start. Another option would be the Labour Dept (or whatever it's called over there) or the union she belongs to.
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You got a good case, go to labour board on this... You will get something out of it, no matter how good of a reason for release you, eight months into pregnancy??? It's is just too late for them to move you...
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Seems very strange that at 8 months pregnant and about to start her maternity leave, the bank suddenly decides that her position is no longer required in the company. I would definitely go to the CAB for advice.
One thing I did wonder though, was that you said she had worked at the bank for 2 years ... was this for 2 years prior to becoming pregnant or 2 years to date? Things have probably changed since I worked in the UK, but I do remember that you had to be working for a company for 2 full years prior to being pregnant before you were entitled to maternity leave. Even if that rule has changed though, it seems strange that they should decide this now. Definitely tell her to get advice.
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http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page34031.html
From the DTI to the employer:
An employee dismissed at any time during
pregnancy or statutory maternity leave is entitled to receive from her employer a written statement of the reasons for her dismissal, regardless of whether or not she has requested one and regardless of her length of service. If her employer unreasonably fails to provide a statement, or provides one that she considers inadequate or untrue, she may make a complaint to an employment tribunal.
BTW, Acas operates a free advice helpline to answer employment questions: 08457 47 47 47 (open from 08.00 – 18.00 Monday to Friday).
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Has she spoken to her HR department? Has she told them she is getting legal advice and a lawyer - funny how that can suddenly change the way you are treated. Depends on the company - She may only have to worked at her company for a year before being entitled to maternity leave and pay and at any rate there is state statutory pay too.
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Also, pregnant or not, there are legal steps that all employers are bound to take in the event that they intend to make redundancies within their company. The first step is to inform the relevant people, in writing, that their job(s) is/are at risk of being made redundant. Sounds like, regardless of where she stands in terms of maternity etc, she has grounds for unfair dismissal. An employer is not legally allowed to just walk in one day and make someone redundant.
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