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Ben Jones
Ben Jones, UK Lawyer
Category: Family Law
Satisfied Customers: 47863
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a pregnant woman, working in construction industry

Customer Question

Hi. I am a pregnant woman, working in construction industry trough an agency but with my own LTD , 11 hours a day , 5 days a week. Its the only job i have. A while ago i had some health issues and I've been given 2 weeks off work from my doctor. After my first 3 working days off the agency called me saying that I can't go back to work because my position has been taken and the site cannot offer me another position as they have none available. Basically i lost the job because of my condition. Do i have any rights in this situation?
Submitted: 10 months ago.
Category: Family Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Did you have an agreement or contract with the agency and is this work provided on a self employed basis? Please can you also tell me how long you have been doing the work for? Thank you

Customer: replied 10 months ago.
Hi. I started work with that agency a few months ago but as they were using an umbrella company to make payments i made my own LTD because of the to many taxes that they were taking from my wages
Customer: replied 10 months ago.
I signed a contract at the beginning when i didn't had my LTD
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Thank you. ***** i started work with them and from August i worked with them trough my own LTD.
Expert:  Ben Jones replied 10 months ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. It is possible for you to potentially claim pregnancy discrimination under the Equality Act 2010, even if you are not an employee. Many types of workers are covered, such as agency workers and some self employed contractors.

The issue here is whether you were treated detrimentally due to your pregnancy or medical conditions arising from your pregnancy. For this to happen the employer must have had knowledge of your pregnancy or that the conditions you were off with were linked to your pregnancy. If they had no knowledge you cannot really accuse them of discrimination.

In the first instance you should raise this issue with them directly and state that by stopping you from working they have discriminated against you because of your pregnancy, which is contrary to the protection you get under the Equality Act 2010. Ask them to reconsider their decision and to offer you your job back. If they fail then you can consider taking this further by making a discrimination claim against them

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.