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:
Does this answer your query?