Advice Column - Pregnancy
I’m 3 months pregnant and just beginning to show, so last week I thought I’d sit down with my manager and let them know before any speculation could take place. My manager was really happy for me, but this week I’ve been pulled aside and told they’re letting me go due to poor performance. I’ve worked here for 2 years and never had any negative feedback so I don’t understand. Could they be sacking me just for being pregnant? Is this legal?
It doesn’t matter how long you’ve been working for your employer, being fired because of pregnancy, or pregnancy-related issues, is automatically classed as unfair dismissal.
Although your employer said you were being sacked for poor performance, you’re right to be suspicious as this only came to light after you told your manager about your pregnancy. If your employer says your dismissal has nothing to do with you having a baby, you will need to prove that it was. You can ask your employer to send you written reasons for your dismissal.
As you have been employed for two years, your employer can only dismiss you for specified fair reasons, such as gross misconduct or persistent poor performance. Except in the most serious cases of gross misconduct, your employer will be expected to follow a fair process and show the dismissal was for a fair reason.
If you want to challenge the dismissal, you can take your case to an employment tribunal. You should first raise a grievance with your employer and contact the Advisory Conciliation and Arbitration Service about Early Conciliation. Be sure to act quickly as time limits in employment tribunals are short.
To prepare for the tribunal, gather as much evidence as possible. This includes emails with your employer about your pregnancy, previous performance appraisals, and correspondence about you being dismissed. The new Citizens Advice Discrimination Toolkit, found on their website, can help you with this.