- For the last 10 months I have been employed as a secretary by a local accountancy firm. Last week my boss told me that he was terminating my employment without providing a reason. Can I claim unfair dismissal?
A Generally speaking, you cannot make a claim for unfair dismissal unless you
have one years continuous employment. However, there are some exceptions
to this rule. The exceptions relate to dismissals connected to issues such as
Health & Safety, Maternity, Trade Union Activity and whistle blowing etc.
We would need to speak to you to obtain full details of the circumstances of your dismissal to be able to advise whether you fall within one of the exceptions.
- I am 12 weeks pregnant. Does this affect my claim?
A If your dismissal was for pregnancy related reasons then it is regarded as
being automatically unfair and you can make a claim notwithstanding that you
do not have 12 months continuous employment. You may also have a
claim for sex discrimination.
- I do not believe that the dismissal was connected to my condition as I have not advised my employer that I am pregnant. Am I entitled to anything from them?
A You will be able to claim for any unpaid wages and any accrued holiday pay
which has been earned and not taken in the current year. Also, at law you are
entitled to a minimum of one week's notice (some contracts provides for
longer so you will need to check). Your employer can choose to pay you the
one week's pay without requiring you to work that week if they want you to leave immediately.
If you would like any specific advice or assistance in respect of the above issues please telephone 0808 231 7043 and ask to speak to Paul Hargreaves in the Employment Team who will be pleased to assist you.
