Unfair dismissal or justified?

Capn' $qu!ff said:
Still a rather large demographic being descriminated against if that is his rules tbh you've got to be really careful when it comes to employment law!
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But it is very difficult to prove a small company where one bloke does the hiring and firing is discriminating.

it's not like he has it written down and passed onto a hr department he just has to go "didn't come across well in interview, went with another one who performed excellently"

you can't prove she did good or the bloke did bad.

hell you could even say "I randomly throw half of all applications in the bin to remove the unlucky, guess she was one of them".
 
Mr_Orange said:
I'd guess it would be early-mid 20s to mid-late 30s.

A few years back at a small business where a friend worked half the office disappeared on maternity leave. It was a pain in the ass for his company to train short term contract staff to do their job and the stuff they couldn't do was pushed onto other staff (boy didn't I hear about that from him!). So I can see why someone might me more reluctant to hire someone of that age and gender. It doesn't make it any more legal though.
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Seems more reasonable gives a bit more room to manuver.
 
Capn' $qu!ff said:
Thats one hell of a demographic can you be more specific as to what your dad means as "Child Bearing Age" because this does range from about 12 - 80 odd and that would definitly be descrimination?
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Well, he has one female working for him who's in her late 40's, already has two kids (grown up and gone) and recently divorced - unlikely she'll be having more kids.

And yes, it's blatant discrimination.

But it's also a very small company and it would seriously hurt the business to pay someone to be off for three months, pay for them to be covered, and then suffer the inconvenience that comes with having children over the next 16 or so years.

I'll happily admit that it would take a pretty special candidate for me to not adhere to a similar hiring method. That said, I'm not a company owner, but an employee, so in no position to act like this.
 
Tefal said:
You tried to scam them but they stopped it before you could and you feel it's underhanded.

Jesus wept.
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NO, JUST NO!

Nothing scam about it, provided you inform the employer you wish to leave within the required notice under your contract. It's the LAW, end of.

:mad:
 
Eddie182 said:
NO, JUST NO!

Nothing scam about it, provided you inform the employer whith the required notice under your contract. It's the LAW, end of.

:mad:
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Doesn't stop it being a scam, it's just a scam based on a badly written law.


Should say they're required to come back and work at least 3 months after the leave in order to qualify (any gross negligence during that time would mean the leave pay had to be paid back or something)
 
Tefal said:
But it is very difficult to prove a small company where one bloke does the hiring and firing is discriminating.

it's not like he has it written down and passed onto a hr department he just has to go "didn't come across well in interview, went with another one who performed excellently"

you can't prove she did good or the bloke did bad.

hell you could even say "I randomly throw half of all applications in the bin to remove the unlucky, guess she was one of them".
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If a pattern starts to emerge on the books if he gets being investigated say 20-30 year olds he automatically bins it'll show on his employment records that he doesn't hire in this age group and if an investigation is called it'll not look good!
 
Tefal said:
You tried to scam them but they stopped it before you could and you feel it's underhanded.

Jesus wept.
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Your post is nonsense. :rolleyes:

You do realise businesses claim back Statutory Maternity Pay from the government, so its virtually no cost to small business (as they can claim back 103%) and little cost to big business (as they claim back 92%).
 
Tefal said:
You tried to scam them but they stopped it before you could and you feel it's underhanded.

Jesus wept.
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Well I don’t know the full legalities of maternity however I always felt, or was under the impression that maternity leave was paid, and if mother was able to work again they return to work, if not they can quit and you pay it back..

That is the legal stance for pregnant women. They take a leave of absence and their job is left open until they return, or they don’t return and then their job is offered to someone else. Either way letting her go means that her job is no longer available so if they employ someone else for her position then isn’t that legally wrong?

Ok, we proactively knew after the baby is born she won’t return. Although we did talk about part time work, but don’t see it being an option either. We mostly wanted easier work until such time she had to quit.. Now its been forced upon her. Hardly fair.

In the end though, regardless she’s been let go early and is now left un-employed with hardly any chance of getting any other work whilst pregnant as how did the company know she wouldn’t return?

Worked for the same contract company for nearly 8 years I believe.. Long time, she really struggled at times on the wage. Met me, then fell pregnant and now gets sacked. Oops. Not too sure if I should go home tonight.. lol
 
Freakbro said:
Your post is nonsense. :rolleyes:

You do realise businesses claim back Statutory Maternity Pay from the government, so its virtually no cost to small business (as they can claim back 103%) and little cost to big business (as they claim back 92%).
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ah so just a cost to the tax payer then?

GREAT!
 
Freakbro said:
Yea, like child benefit, child care tax credits...etc etc

We support our children in this country, what's the problem with that?
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it's a horrifically inefficient way of doing it?

ties the company into an awkward position where they can't hire a replacement for her and has a knock on affect on all women, as Shoes and his dad have just proved wonderfully.
 
Tefal said:
Doesn't stop it being a scam, it's just a scam based on a badly written law.


Should say they're required to come back and work at least 3 months after the leave in order to qualify (any gross negligence during that time would mean the leave pay had to be paid back or something)
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Don't have any kids do you. Many women will go on maternity leave intending to return to work and then change their minds, some will start maternity leave not intending to go back and change their minds as well.

Forcing women to return to work, by threat of monetary penalty is no way for a decent society to behave. This is one social benefit I'm more than happy my tax and NI payments go towards.
 
iv-tecman said:
Well I don’t know the full legalities of maternity however I always felt, or was under the impression that maternity leave was paid, and if mother was able to work again they return to work, if not they can quit and you pay it back..

That is the legal stance for pregnant women. They take a leave of absence and their job is left open until they return, or they don’t return and then their job is offered to someone else. Either way letting her go means that her job is no longer available so if they employ someone else for her position then isn’t that legally wrong?

Ok, we proactively knew after the baby is born she won’t return. Although we did talk about part time work, but don’t see it being an option either. We mostly wanted easier work until such time she had to quit.. Now its been forced upon her. Hardly fair.

In the end though, regardless she’s been let go early and is now left un-employed with hardly any chance of getting any other work whilst pregnant as how did the company know she wouldn’t return?

Worked for the same contract company for nearly 8 years I believe.. Long time, she really struggled at times on the wage. Met me, then fell pregnant and now gets sacked. Oops. Not too sure if I should go home tonight.. lol
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The company hasn't got a leg to stand on, get proper advice from ACAS etc

The company have to leave her job open while she is on Maternity (they will get someone in on a maternity only contract to cover that period) thenwhen the Maternity period is up she just informs them she won't be coming back to work - you do not have to pay anything back.

As I posted above, they can claim most of it back anyway, so it's only a little expense to them.
 
Make her a cup of tea, Stress is not what she needs. You sound like a decent chap. Hire some thugs to burn the business into the ground.
 
Tefal said:
ah so just a cost to the tax payer then?

GREAT!
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Oh get a grip. Do you have any children? She isn’t a single mother who got up the duff to get free money and activity quit working.

She is a hard working, tax paying person who has worked nearly all her working life as a cleaner, she is now pregnant, living with a boyfriend who will support the baby and her, we don’t want hand outs, we just wanted a few more months of paid work for her and then that’s it, anything else is a bonus.

They could have offered her part time work, reduced hours and hey if after the baby is born she might have wanted to do some part time cleaning, but now with that company she can’t..

Always thought better of you on these forums, but on this I think you’re a bit off base mate.. Sorry.
 
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