Unfair Dismissal?

[proudmary]

Please can someone advise me? My daughter is 18, she started to work for a well known coffee shop in January (2nd) this year. She was never given a contract of employment or terms conditions etc. She found out last week she is pregnant and her employer gave her a weeks notice saying she was on a six month probation period and was no longer needed, she would however have her back once baby is born if she had a vacancy!! Her manager has refused to pay her until 31 May. Does my daughter have any redress? Thanks

[undercovers]

no protection from unfair dismissal unless you have worked somewhere for a year i believe, so not really much that your daughter can do i'm afraid.

good luck to her and enjoy being a granny!

Undercovers

[NORMANTHEDOG]

no none at all, under a year,and no contract,all they do is class it as casual labour.

[jennifer_cro]

What about sex descrimination?

[navin123]

sorry to hear that. but when your daughter starts work again she should NOT work without a contract.

[proudmary]

Thank you all very much x

[msemma]

OK, don't give up just yet. First of all, a contract can be written or verbal. but by law an employer must have given your daughter a 'written statement' even if she is working under a casual contract.

Secondly, just because she was not given a contract does not mean one does not exist - did she sign anything at all and then give it back to the employer? this may well have been a contract - it does not have to be given back to the employee. As this company is a well known coffee shop, i very much doubt they could get away with not doing this. For more info go to this website: http://www.troubleatwork.org.uk/ViewAQuestion_theme.asp?ID=221&Trail=SearchTheme:4

Secondly, have a good look round the Tailored Information Guidance on Emplyment Rights website (tiger) at www.tiger.gov.uk you will see there is a section on maternity rights.

the probation period is the only problem - but I would have thought that had the maternity leave occurred during the probation period, then the probation period would be suspended and resume once your daughter returned to the job.

the week's notice strikes me as odd, if there were no terms and conditions or contract issued. why shoudl she have to work this?

It all sounds a bit fishy for me, and if she pushes her employer, you might find out that there is more to this than meets the eye. she'll be no worse off for trying, so I really think she should challenge her employer!

[thugulike]

Your daughter can bring a claim for sex discrimination. She needs to lodge an ET1 which she can get from the Employment Tribunal Service. I would suggest she gets advice from CAB which is free. Discrimination claims are unlimited. See if she can get all this in writing from the company or find witnesses. Good Luck