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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50170
Experience:  Qualified Employment Solicitor
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I have employed a nanny special need son, she only works

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I have employed a nanny for my special need son, she only works on the weekends. She fall pregnant and I want to fire her as if I follow the maternity leave that will leave me with 52 weeks without her, that will affect my son can I legally fire her in a proper way, paying anything I have to pay
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: Nine months
Customer: Or is it better to wait for the maternity leave and then fire her when the maternity leave is finish?
Ben Jones :

Hello, unfortunately pregnant employees have very strong legal rights and you cannot discriminate against them because of the fact they are pregnant. This means that any dismissal or less favourable treatment because of their pregnancy will be illegal. If you were to dismiss this person then you must be able to show that it was for a fair reason, such as misconduct, capability or redundancy and that it had nothing to do with her being pregnant. As the only reason you wish to dismiss her because of her pregnancy, finding another fair reason and being able to justify it will be rather difficult. I understand that it may place you in a difficult position, but the law is the law and you have to try and follow it.

So if this person is due to go on maternity leave then you are expected to allow her to do that and if necessary get another nanny to act as maternity cover. In the meantime you would be expected to pay the other one maternity pay. If she wants to return after maternity leave then you would be expected to allow her to do so, although with a child of her own he may not be able to return to work for you and may resign anyway. In any event be very careful about going ahead and dismissing her now just when you have found out she is pregnant because if you are unable to justify the dismissal was on other fair grounds, it will amount to discrimination and you could be liable for paying compensation.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer: Yes. Thanks.
Ben Jones :

you are welcome

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