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: 75146
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am 14 weeks pregnant, and I just been fired because I

Customer Question

Hi, I am 14 weeks pregnant, and I just been fired because I couldn't make my contracted hours. I wasn't feel well and I didn't have energy to go to work unfortunately. I need some help I think it's not right
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: The manager just called me and told me that I am not longer needed. I have a cleaning business and I asked him if I can have a week off next week, so I can complete my jobs and it was his answer.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Iam an employee 20 hours contract
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes, the customer payed us chas after the cleaning 2 times and me and my colleague accidentally forgot about it to take it to the office. It was discussed with the company owner, but he had to give us a working. And the owner said that it's not a problem.
Submitted: 16 days ago.
Category: Employment Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 16 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 16 days ago.
Hi Ben, thank you for your reply. I started to work there last September and Ive got a contract in may
Expert:  Ben Jones replied 16 days ago.

Thank you very much for clarifying. Were the health issues you experienced because of the pregnancy?

Customer: replied 16 days ago.
it was very hard for me to work because the tiredness, the morning sickness, the very low energy in my whole body. I went to work lots of time when I felt these simptoms, but sometimes I just got to the point than I couldn't do it anymore and I was worried about the baby too
Expert:  Ben Jones replied 16 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

If you are pregnant, you have certain legal rights under the Equality Act 2010, which classifies pregnancy as a protected characteristic. This means that an employer cannot treat you detrimentally because of it, which includes basic unfavourable treatment, all the way to more serious examples, including dismissal.

So if you were dismissed because of your pregnancy, or a pregnancy-related issue, including time off due to your pregnancy, the dismissal will most likely be automatically unfair and they could also be guilty of pregnancy discrimination.

If you have been given the chance to appeal, you should do so first, but afterwards the only option you have is to make a claim for these in the Employment Tribunal.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

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

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

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

Expert:  Ben Jones replied 16 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
Thank you Ben, I just would like to ask if I don't want to appeal, as I don't think do that I could work with this manager in a good team work anymore, than what I can do?
Expert:  Ben Jones replied 16 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. Appealing is not a legal requirement and there are circumstances when it would not be appropriate. You can simply proceed with the ACAS procedure instead

Customer: replied 16 days ago.
Thank you very much for your help. All the best Maria
Expert:  Ben Jones replied 16 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

Customer: replied 16 days ago.
Good morning Ben, I would like to take further action against the company. I'm so stressed about how I will find an other job while I'm pregnant, how I will get maternity pay if I can't find a job. I can't working everywhere as I am not feeling well because my pregnancy. Could you help me please how can I do this step? And how much compensation I can get from them?
Regards Maria
Expert:  Ben Jones replied 15 days ago.

Hi Maria, the steps on taking action against the company were included in my previous reply. You have to contact ACAS to start the process. Compensation can depend on many different factors, but usually can include loss of earnings resulting from the dismissal and also compensation for injury to feelings. AACS can discuss these with you further