Hi, sorry I must have missed this due to the formatting on the ipad where I initially read your message. Your rights for the lack of performance feedback will be limited because the employer is not legally obliged to do this and until you have 2 years’ service you could be dismissed for more or less anything, even if it is not true or does not reflect your actual performance. For example, you could be their star employee but they could say you are not performing well and they could dismiss you for that, even if not true.
However, you will; have protection against discrimination, regardless of your length of service. The protection in this case would be in relation to your pregnancy. Your employer cannot treat you less favourably than others because you are pregnant. So they cannot refuse to your renew your contract because you have become pregnant – that would be unlawful as it would amount to discrimination on grounds of pregnancy.
So whilst they could seek to dismiss you due to poor performance or any other reason, they must ensure that it is not linked to your pregnancy. If there is evidence that they are just using other reasons as an excuse when the real reason is your pregnancy then any dismissal will be unfair and you could also claim for discrimination.
At present you can pursue this internally through the formal grievance procedure (a formal internal complaint). If your contract is not renewed and you believe the reasons for this were linked to your pregnancy that is when you can think about taking this further. You can make a claim in the employment tribunal for unfair dismissal and discrimination and this must be done within 3 months of the dismissal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
the grievance can include whatever factors you believe are relevant in relation to the complaints you are making, so if there are things from the last 5 months which you want to include you may certainly do so.
As to poor performance, one would expect that if this is raised the employer would provide evidence of it or discuss the areas where you are not performing well. However, remember that in these first 2 years you can be dismissed for more or less any reason, even if the employer says you are not performing well when the results show you are their best employee. What is important is that in this case, to be able to show that they did not take your pregnancy into consideration, they would need to prove that the performance was as they claimed and that they had tried to help you resolve it, etc.
Also if they don’t want to offer you a permanent contract you can indeed ask for reasons behind it to see if there is other evidence that may point towards them not acting fairly.
Does this clarify things for you?
yes I agree it would appear unfair, unless they actually do not need such positions in these stores - whether they do or not I can't say, it depends on the reality really. Generally with your length of service they do not need to justify the poor performance claims but in the circumstances they would really be expected to in order to show that pregnancy had nothing to do with their decision and also raising a grievance can help, it should not be a detriment to you
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks