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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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My partner is 26th pregnant and agency worker. Two weeks ago

Resolved Question:

My partner is 26th pregnant and agency worker. Two weeks ago she has been laid off by company she's worked for 1,5yr (still on agency register list). She's asked agency why, and they said that there's number of factors (never given in writing) and she hasn't been laid off but only released from assignment (her contract states she can be release without a reason). Will that mean that she can't go to employment tribunal because of pregnancy discrimination or any other reasons? Thank you Wojtek
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

What reasons did they actually use for her termination?

Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.