Probationary Period & Pregnant

[Butter]

I'm asking this question on behalf of someone else. I hope someone might help with some info.

This woman started a new job six weeks ago. She was told there is a trial period but not for how long. She has not been given a contract of employment.

She has just found out she is pregnant. Is there anything to stop the company letting her go when they find out she's pregnant?

Thanks.

 

[newtothis]

See: http://www.citizensinformation.ie/e...cts_of_employment/contract_of_employment.html

To quote: "The Terms of Employment (Information) Acts 1994–2012 provide that an employer is obliged to provide an employee with a written statement of terms of employment within the first 2 months of the commencement of employment"

First thing I'd do is ask for this, then depending on what it says, take it from there.

 

[Brendan Burgess]

Her employer could terminate her at any time during the trial period without giving any reason.

If she notifies them that she is pregnant, they will be very reluctant to do so as they would have to prove that they did not do so because she was pregnant.

She should notify her employer immediately that she is pregnant.

Brendan

 

[Butter]

Thanks newtothis & Brendan.
It's complicated by the fact that this woman comes from another European country & doesn't know anything about Irish employment law. Neither do I really - but she has asked my opinion.

In that Citizens Info link it says this:
Probationary period
The contract can include a probationary period and can allow for this period to be extended. The Unfair Dismissals Acts 1997–2007 will not apply to the dismissal of an employee during a period at the beginning of employment when he/she is on probation or undergoing training provided that:

• The contract of employment is in writing
• The duration of probation or training is one year or less and is specified in the contract.

The above exclusion from the Acts will not apply if the dismissal results from trade union membership or activity, pregnancy-related matters, or entitlements under the maternity protection, parental leave, adoptive leave and carer's leave legislation.

Does this mean that like Brendan said, she could use the Unfair Dismissals Act if she was let go & believed that it was due to her pregnancy? Is this regardless of whether she is on probation or not? Does having a contract of not make any difference?

Is her only real protection the fear that the company might have, that by dismissing her for any reason during probation that it looks like it might be pregnancy related? My gut instinct was that it would be better to find out the probation period & wait until afterwards to announce the pregnancy. Now I'm thinking that the earlier she says it the better?