Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Can you please tell me how long have you have you been with your employer
I started working there on 07/05/2013
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Many thanks for your patience. How much you can ask for to stay on is really something only you and the employer can decide on – there is no standard scale one may consult to determine what may be fair and in the end it would simply come down to a figure that you are happy to accept and at the same time the employer is happy to pay – that is it. It could depend on how desperate they are to have someone like you in the post for that period of time, or how much it could cost them to get someone new on short notice and they would be prepared to spend a similar, but smaller, amount on you instead. So many possible factors that could influence this situation and their decision on how much to offer you. So have an amount you are happy to accept and work around that – start higher up and be prepared to work your way down until you have something close enough that you are happy with.
In terms of the potential discrimination, you are really only looking at a claim if you can show that their reasons for not offering you the position was because of your pregnancy. In your mind it may appear that this was the reason for their decision, but in reality that may not necessarily be the case. If the employer can justify that their plans were not related to your pregnancy and it just happens that you recently told them of the pregnancy and that this was simply circumstantial, then you may not be able to claim against them. It really depends on what they provide as a defence and if they can convince the tribunal this was an unrelated decision. So considering you have to pay over £1,000 to make the claim it could be quite risky to take this if there is a reasonable chance they will be able to defend this.
Isn't it unlawful to dismiss a pregnant woman in general?
no, not at all, it is entirely possible to dismiss a pregnant woman it just cant be because of her pregnancy
I see, I suppose that's difficult to proof
Well, thank you anyway
yes that is the risk of claiming discrimination, in case they can show it was not related