How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62402
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My wife is pregnant. And agency which she worked don't want

Customer Question

Hi. My wife is pregnant. And agency which she worked don't want to pay maternity...
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: No.
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: She worked for amazon prime. But was hired to agency.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: They told her that they will pay maternity.
Submitted: 5 days ago.
Category: Employment Law
Customer: replied 5 days ago.
Bu Friday she received p45.
She works for them 18 months.
Customer: replied 5 days ago.
they don't answer the phone anymore.
Now she has 7 months pregnant.
And work for them until now.
Expert:  Ben Jones replied 5 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 5 days ago.
Ok
Expert:  Ben Jones replied 5 days ago.

Why did she receive a P45? Did she resign or was she dismissed?

Customer: replied 5 days ago.
She give them that medical certificate that is time to apply for maternity.
And they told her. Don't worry. You will receive maternity.
But Friday she received p45.
Without any explanation.
And they don't answer to her phone.
Customer: replied 5 days ago.
Sorry phone call. Is to expensive. 44£
Expert:  Ben Jones replied 5 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 5 days ago.

Many thanks for your patience. Whilst there is nothing stopping them from dismissing her, because she has less than 2 years’ service and has no unfair dismissal protection, they must ensure that the reasons for dismissal have nothing to do with her pregnancy. If that is why they dismissed her, then she can argue that this was not only an unfair dismissal, but also pregnancy discrimination.

 

In that case she can consider taking this further to make a claim ion the Employment Tribunal but it must be done within 3 months of the termination date.

 

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

 

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

 

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

 

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

Expert:  Ben Jones replied 3 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 3 days ago.
Sorry...
Yes you help me.
I already called to acas.
And I done first step.
Thank you.
Expert:  Ben Jones replied 3 days ago.

You are most welcome