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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My name is silvia ;i m working CARE COMPANY ABOUT 1

Customer Question

Hello...my name is silvia ;i m working for a CARE COMPANY ABOUT 1 YEAR...AT THE MOMENT I M 17 WEEKS PREGNANT AND I M OFF SICK FROM 23 APRIL...THATS MY 3°PREGNANCY AND ALLWAYS HAD PROBLEMS (NAUSEA...VOMIT...TIRENESS ...BACK PAIN)DURING MY PREGNANCES !!!MY FIRST BABY WAS BORN 20 DAYS BEFORE THE DUE DATE...AND MY SECOND ONE 7 WEEKS...MY MIDWIFE TOLD ME ALREADY THAT WHIT THIS ONE CAN PROBABLE HAPPEN THE SAME...SO THIS KILLS ME...MY HUSBAND HAVE A COFFE SHOP AT THE SAME STREET WHERE THAT CARE COMPANY IS...LAST WEEK I WENT TO THE COMPANY TO GAVE MY SICK NOTE (TILL 10/08/2016) THEY ARE NOT HAPPE COZ THEY WANT ME BACK TO WORK...SATURDAY I RECEIVE A LETTER AND THEY SAY THAT THE COMPANY IS AWARE THAT I WORKING IN THE SHOP DURING THE DAY (THATS NOT TRUE...I ONLY GO TO THE SHOP TO DROP MY 2 KIDS WEN I MUST GO TO THE HOSPITAL MIDWIFE OR FISIOTERAPHY;BECAUSE MY HUSBAND IS THERE AND DONT HAVE OTHER PLACE DO DROP MY KIDS) I M A BITTE SCARED COZ I DONT WANT TO LOSE MY JOB...BUT I REALLY NOT FIT TO GO BACK TO WORK...PLEASE CAN I HAVE SAME ADVACE?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months 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 11 months ago.

Does you sick note mention anything regarding the actual sickness you have been experiencing?

Customer: replied 11 months ago.
No
Customer: replied 11 months ago.
The sick note only mention the problems i have at moment...nothing about the past (even if they are allways the same)
Expert:  Ben Jones replied 11 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. As you are pregnant you will have additional protection, more than what a normal employee would get, especially if the reasons you are off sick are pregnancy-related.

If an employee is treated unfavourably during their pregnancy because of a pregnancy-related illness, this will amount to unlawful pregnancy and maternity discrimination and any resultant dismissal will be automatically unfair. The law therefore states that any pregnancy-related absence should be ignored.

They may try and claim that the reason for taking action is because they believe you are working in the shop. However, without any evidence and based on the fact they have indicated that they want you back to work but you are unable to because of pregnancy issues, means that any decision they take to discipline or dismiss may be unfair and discriminatory. Whilst there is nothing stopping them from dismissing you, you will have protection against this and can take the matter further if necessary. In the meantime you should remind them of the rights you have under discrimination laws (Equality Act 2010) and that they should not treat you detrimentally because of your pregnancy.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should you get dismissed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 11 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
I will send them a letter ,and try to explain why can pleople see me in the shop...even if they will desmiss me for sure...thank u so much for your time
Expert:  Ben Jones replied 11 months ago.

Thank you. If this results in dismissal, an appeal can be submitted to the employer straight after the outcome is communicated. If the appeal is rejected a claim for unfair dismissal and/or discrimination can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal.

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.

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