How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Good Evening, I have been working for my company on a fixed

Resolved Question:

Good Evening,

I have been working for my company on a fixed term contract for maternity cover which ends on 18th April 2014.
In the past I have been told by my manager that they intend to offer me the position on a permanent basis should the lady on maternity leave decide not to return.
In January I informed them of my pregnancy. My baby’s due date is the 21st July 2014.
The lady on maternity leave decided to hand in her resignation and not to return to work, therefore, I thought I would be offered the permanent position.
Now I have been told that the company has decided to review the structure of my department and subsequently decided not to renew my contract, but instead create a different role in the department.
I have told the company that I feel discriminated against due to my pregnancy, but they said the restructure had nothing to do with my pregnancy and that they were within their rights not to renew my contract.
Today they have offered me the option to stay until the end of May 2014, as they have not filled the new position yet and me leaving in two weeks would leave a massive gap in the team.
Even though my first reaction was to decline the offer, as I am still feeling unfairly treated, the company said they would give me more money as an incentive if I would stay.

My question is firstly how much extra could I ask for if I would decide to stay until the end of May and secondly, what do you think my chances are should I decide to take the company to an employment tribunal instead?

Many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Can you please tell me how long have you have you been with your employer

Customer:

Hello Ben

Customer:

I started working there on 07/05/2013

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Thank you

Ben Jones :

Many thanks for your patience. How much you can ask for to stay on is really something only you and the employer can decide on – there is no standard scale one may consult to determine what may be fair and in the end it would simply come down to a figure that you are happy to accept and at the same time the employer is happy to pay – that is it. It could depend on how desperate they are to have someone like you in the post for that period of time, or how much it could cost them to get someone new on short notice and they would be prepared to spend a similar, but smaller, amount on you instead. So many possible factors that could influence this situation and their decision on how much to offer you. So have an amount you are happy to accept and work around that – start higher up and be prepared to work your way down until you have something close enough that you are happy with.


 


In terms of the potential discrimination, you are really only looking at a claim if you can show that their reasons for not offering you the position was because of your pregnancy. In your mind it may appear that this was the reason for their decision, but in reality that may not necessarily be the case. If the employer can justify that their plans were not related to your pregnancy and it just happens that you recently told them of the pregnancy and that this was simply circumstantial, then you may not be able to claim against them. It really depends on what they provide as a defence and if they can convince the tribunal this was an unrelated decision. So considering you have to pay over £1,000 to make the claim it could be quite risky to take this if there is a reasonable chance they will be able to defend this.

Customer:

Thank you

Customer:

Isn't it unlawful to dismiss a pregnant woman in general?

Ben Jones :

no, not at all, it is entirely possible to dismiss a pregnant woman it just cant be because of her pregnancy

Customer:

I see, I suppose that's difficult to proof

Customer:

Well, thank you anyway

Ben Jones :

yes that is the risk of claiming discrimination, in case they can show it was not related

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46170
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions