On a final warning in work...and newly pregnant...

[manure]

Hi all. Posting on behalf of a very worried relative. She is already on her final warning at work (major financial institution) She has just found out she is pregnant and has decided to go ahead with the pregnancy, despite the fact that the father has been angry and abusive towards her. He too works in the same place. Things are very upsetting for her as she will now be a single parent and she does not find things easy money wise anyway. Now she has been told that another incident at work will see her go to a hearing regarding her job, due to already being on this final warning. Her immediate manager has been very understanding and has said if it was up to her, she would treat it as a "second final warning". The manager is fully aware of her situation and realises that the stress she has been under recently has probably affected her work performance adversely (the day she was alleged to have made her mistake was the day she found out she was pregnant) She is so frightened and upset with the worry that she was taken home by her manager yesterday and advised to see her GP and be signed off but that there will be a hearing when she resumes work. She is convinced she will be fired. She says this will mean she has to think differently about the pregnancy, which is causing further distress. She also worries she will not find another job due to any reference/reason for dismissal and that she will not be able to keep up her mortgage payments as a result. She has five years service and, in that time, has also been very successful and lucrative for them. Any advice please? Does she have any rights at all as a pregnant woman in the workplace? Will the hearing be able to consider her present circumstances as mitigating in any way? I thank you.

[ojread2]

No. Being pregnant does not exclude her from sacking I'm afraid as long as proper procedure have been followed which sounds as if they have been

It is always worth calling ACAS - google it, it's the first link
It is unfortunate being at the final warning stage with pregnancy as an added worry. It is possible the employer may take it into consideration as a mitigating circumstance as to why she made what ever mistake she made, but cannot be used as an excuse

[manure]

Thank you. I didn't think anything would be possible if they decide to proceed with ending her employment on grounds of poor performance but lets hope they understand. Apprecated. Will look up ACAS, see if she can take a rep in with her or something. She's terrified.

[ojread2]

Her poor performance so far though, has had nothing to do with pregnancy though

She is entitled to take someone in with her, be it a union rep or another employee. Again, ACAS can tell you who exactly she can have in with her but if it isn't something agreed in her contract the employer can refuse (highly unlikely I have to say)


http://www.direct.gov...edisputes/dg_10028114

[tonywiltshire]

It does not follow that she will be dismissed particularly if there is an alternative option available. At the meeting she can be accompanied by a trade union official or work colleagues, she may though find work colleagues do not want to get involved. I do not know what the mistake made was or the previous errors but the employer may decide it is capability, which is one of the five potentially fair reasons for dismissal. I would suggest she considers the error she made and the reason for it and how she can make sure the chances of it occurring again are greatly reduced; if she genuinely believes that being told she was pregnant was a factor in making the error she should present this at the meeting. If it is decided at the meeting she should be dismissed she should be notified that she can appeal the decision, if this fails her remedy is to claim unfair dismissal at an employment tribunal, but make sure of time limits.

[manure]

Thank you to all