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Is my employer being unfair [UK,Wales]?
I was in work today and I had a call from my boss saying he had no other choice than to cut my hours. I have been nothing but hardworking and dedicated over the years and asked him why. He said I was slacking on Tuesday night's shift and that he had no other choice but to punish me this way.
I explained to him that on tuesday night, because of being pregnant I was experiencing nausea and couldn't do what I'd normally be able to do on shift. He did not accept this, and has now taken two shifts off me a week, which is going to make life very tough. I'm an enthusiastic employee and have never had a complaint from him, is this out of line?
I'm scared that he's going to dock my wage too because it's the type of man he is, and I cannot afford this. I have no support because he is the main boss and do not know my rights. I feel targetted and bullied as he had his right hand man text me as well as give me a telling off without warning. This surely is unprofessional and should not be allowed!
5 Answers
- SimonCLv 71 decade agoFavorite Answer
LOL - The first answer: "I detest men who bully females" but with a picture of David Brent!!!!!! But he is correct.
You actually have even more rights than he suggests. You cannot bring a claim for unfair dismissal unless you have been employed for more than a year. But anti-discrimination rules and wage protection rules always apply. And as Mr Brent says, taking action against you due to your pregnancy is automatically sex discrimination. And despite the normal rules, if you are dismissed for a discriminatory reason that is automatically unfair and you can bring a claim no matter how long you have been employed.
Cutting your hours may be a breach of contract, but it may not be, depending on how the contract is written. But if the cut is due to your pregnancy it is sex discrimination.
It is illegal to dock wages for any reason unless your contract specifically allows it. Even if it does the reason still has to be justified (eg you damaged property). You cannot be docked simply because your employer alleges you did not work hard enough. If he thinks that your work is not up to scratch he has to follow a disciplinary process for your poor conduct / capability. This could lead to dismissal, but not to docked wages. And as I said, if the reason is purely due to your pregnancy the employer cannot take action.
In either case you have to take action quickly. If your company is big enough complain to your HR department or your bosses boss. If its a small business and your boss is the only authority try talking to him. If he (or HR etc) refuse to help you need to talk to a solicitor.
There is one slight exception. If your pregnancy is preventing you from doing your job then your employer can force you into starting your maternity leave. I'm not sure of all the details, but this is a "no fault" process and you are still entitled to all the normal maternity leave benefits, and to return afterwards in the normal way.
- gailLv 51 decade ago
All of the answers given are correct your employer cannot force you to reduce your hours for slacking especially when the reason you gave was feeling ill through you being pregnant.
BUT and its a big one...did you inform your employer in writing that you were pregnant? or give him your MATB 1 ? This is a requirement by law on your part and if you did then your home and dry as your employer has to do a new and expectant mothers risk assessment. Which you can ask to see.
If you were experiencing problems with working your normal shift your employer has to accommodate you and either find you alternative work, not alternative hours (unless your doc midwife says so) if he fails to find you suitable alternative work then he has to suspend you on full pay until your baby is born.
The hse website has a guidance document on new and expectant mothers and you must read this to find out what your rights are when at work ( you have loads) if you have done what you are supposed to then ring acas in the morning and ask them for advice.
Don't worry your employer is oblivious to the law and will come unstuck...
Source(s): H&S manager that knows what must be done when someone is pregnant at work... TUC trained... - ?Lv 71 decade ago
You have already had 3 excellent responses, and there is little I can add. The basic position is that as a pregnant employee you have greater protection (even if you don't have the 12 months service which protects you from unfair dismissal) as you cannot be subjected to a 'detriment' because of your pregnancy. Cutting your hours is about as blatant as it gets!
For your future reference - which you may need - I am pasting a few links below to help reassure you about your rights. I too can be contacted direct if you have further concerns, though if the replies to your post are anything to go by, people here can tell a genuine query from a flippant one.
Your CAB would be a good port of call if you want to speak to someone.
Best wishes.
Source(s): http://www.direct.gov.uk/en/Diol1/EmploymentIntera... http://www.direct.gov.uk/en/Parents/Moneyandworken... http://www.adviceguide.org.uk/index/your_money/emp... http://www.adviceguide.org.uk/index/your_money/emp... - Mr_R_SwipeLv 71 decade ago
Ok Amy... Firstly, it sounds as if you have been employed for more than 1 year on your contract. This means you have acquired full employment rights under UK employment law. This means you are protected from employers significantly changing that contract without consultation, proper process and legal justification. It is especially 'risky' for employers to take unwarranted action against pregnant workers because in UK employment law... it is automatic sex discrimination.
I am assuming you are not a member of a trade union, so I strongly advise you to go to the ACAS web site and get their helpline phone number. They will give you impartial and accurate advise on what your rights are.
In the meantime... I allow emails to my account on here, and if you want further and more detailed advice, I will help in any way I can.
I hate abusive employers. I detest men who bully females, and I especially despise vermin who give men a bad name by abusing pregnant workers.
You have rights! Don't let this grubby little bully get away with it.
Source(s): Former Trade Union Official (and proud of it). - How do you think about the answers? You can sign in to vote the answer.
- Anonymous4 years ago
Appendicitis can ensue to each physique and if he has scientific information of course the corporation acted unfairly and illegally in brushing off him for going ill. whilst you're in uk that must be rather in all probability to be specified "unfair dismissal" via an employment tribunal. The in all probability effect the tribunal listening to could stipulate is that your brother would desire to the two take delivery of his activity back or paid repayment. So i think what got here approximately is whilst the Human materials heard what had got here approximately and realised somebody junior had made an incredible mistake and that they could ought to re-hire him if he took the case to an employment tribunal, a greater senior supervisor desperate that it could be greater fee-effective basically to take him back in the previous that got here approximately. so as subsequently they in all probability contacted the recruitment corporation and asked them to call him in for an interview. the reason they gave your brother develop into of direction flannel and untrue. As your brother has have been given his activity back the subject has been resolved and he ought to evaluate himself fortunate as at present jobs are rather problematic to return via, as there are so few jobs available today and expanding numbers with those forms of skills desperate for a activity yet shop getting rejected, So terrific enable remember relax as though he starts complaining so quickly once you have his activity back the corporation basically ought to come to a decision to locate an excuse to truly terminate his employment at the same time with for alleged "unsatisfactory artwork overall performance" yet next time they could do it legally.