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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Can a police officer be sacked just before starting maternity

Resolved Question:

Can a police officer be sacked just before starting maternity leave?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Can you explain the situation in more detail? Are you the person who was dismissed? How long have you worked there for and what reason was given for your dismissal?

Customer:

Hello it is me, I have worked for Kent police for 11 years. I went and got breakfast outside the police station was questioned about it and lied about where I had been. The inevitable witchhunt ensued and I came clean a couple of hours later. I know I will be sacked. A hearing won't be until December which is when I start maternity leave. I am concerned I will be unemployed with a new baby, am I likely to get maternity pay from the police?

taratill :

Are you required to work until December?

Customer:

No I can resign at any time but have been advised by the federation not to just yet.

taratill :

Is this the sort of thing that a police officer would normally be dismissed for? Are there any mitigating factors to bear in mind given your pregnancy? I.e. was this to do with morning sickness?

Customer:

Its an honesty and integrity issue, in the past they may have been lenient but current climate of wanting to replace officers with cheaper people prevails. They are using any excuse to get rid of officers now and I have given them a perfect one. The federation did say to wait and see but even they thought dismissal was likely.

Customer:

When I was questioned I did panick which I put down to hormones

taratill :

Have you told them that you think that your pregnancy/ hormones played a part?

Customer:

Not as such I told them I was pregnant the next day and will take that angle in future meetings

taratill :

Ok thanks, XXXXX XXXXX police office you are not an employee for employment law purposes and therefore the normal rules for unfair dismissal. You are, however protected by the Equality Act 2010, this means that if you are dismissed you could bring a claim that it amounts to discrimination. To protect yourself I would state from the state that you consider that your pregnancy amounts to mitigating circumstances and that your hormones played a part in your actions. Hopefully this will lead them to give you a second chance. If it does not you could appeal and consider a claim under the Act.

taratill :

Provided you meet the elegibility requirements for maternity pay you will be enittled to be paid. I would not advise you to resign ans you will lose your rights.

taratill :

Guidance is set out in the following document. http://www.policemag.co.uk/images/Maternity_Guide_June_2013_low_res.pdf

taratill :

If you have any further questions please do ask.

Customer:

That's brilliant thank you for your help

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