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 Forum - 14 > 26 weeks – The morning sickness has gone & the bump is growing. Talk to others and seek advice from maternity wear to what to expect over the coming weeks. This thread is called '

Antenatal classes - time off work?

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Old May 17th, 2008, 14:44 PM   #11
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my OH works for asda and is on nights.... even he got paid for 4 hours the night before my scan!!! So he came home at 2am in the morning and still got paid till 6 am!!!

Employment rights.... my friend from work tried to argue that employment rights only come into affect after 12 months.... I knew she was wrong!!! Thats just to long!! I thought it was 3 months too!!! Ive been there 18 months anyway.... but they dont look after me
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Old May 17th, 2008, 14:46 PM   #12
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Try contacting citizens advice, they can explain and help x
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Old May 17th, 2008, 14:50 PM   #13
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here link for you xxx http://www.worksmart.org.uk/rights/c...me_off_work_to
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Old May 17th, 2008, 17:55 PM   #14
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Quote:
Originally Posted by leedsforever View Post
my OH works for asda and is on nights.... even he got paid for 4 hours the night before my scan!!! So he came home at 2am in the morning and still got paid till 6 am!!!

Employment rights.... my friend from work tried to argue that employment rights only come into affect after 12 months.... I knew she was wrong!!! Thats just to long!! I thought it was 3 months too!!! Ive been there 18 months anyway.... but they dont look after me
I work in recruitment so am very familar with employment law and Im sorry to say hun but your friend is right, you have very little with regard to employment rights if you have not worked for your employer for more than 12 months.

You must however, get paid for all appointments that are baby related providing you are in permanent employment (and not just temping). Usually this would be outlined in a contract (and then you could threaten them with breach of contract!) but as you dont have one then it could be much trickier to claim them back.

I would contact ACAS who will let you know exactly where you stand on this one. You are without a doubt entitled to any money you have lost, but claiming it back will prove hard without a contract - they could argue that you are a temporary employee (weather you are or not) and in that case you would only be entitled to pay for the hours you work.

Good luck!
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Old May 17th, 2008, 18:04 PM   #15
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OK ive just read my last post and realised you have been there more than 12 months so...

Even without a contract, you will be able to claim everything back providing you can prove that you didnt get paid to attend your appointments.
After 12 months employment a whole new set of rules come in and there are set procedures that every employer must follow, even if their contracts state otherwise. Obviously one of these is that you must be allowed reasonable time off to attend appointments. I would definitely call ACAS who will advise you how to go about it - they will probably send you a claims form to be submitted to your employer.

Best of luck in getting what you are owed!
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Old May 17th, 2008, 18:18 PM   #16
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thanks hun.... Im def going to chase it up!!! sorry for being dumb but whats ACAS!!??!!

So is this right.... in the first 12 months they can sack you for anything???!!?! Without following a disciplinary procedure?! Because they way I see it is that without a contract in most cases, employees have more rights than the employer!!
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Old May 17th, 2008, 19:53 PM   #17
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You're not being dumb, its my lack of explanation!

Acas are an organisation that assist with employment disputes. Their website is generally quite informative - they have a big section on maternity rights. Check out http://www.acas.org.uk/index.aspx?articleid=1753

Yep, unfortunately thats right, they can pretty much sack you or anything in the first 12 months and generally get away with it - unless youve signed that all important contract for in which case you can try for a breach of contract issue (which is basically one of the only things that will stand if youve not been there 12 months). Its VERY unfair within 12 months - in my last job i got very unfairly dismissed and had been there 11 and a half months so acas advised me to take 2 weeks sick (to take it to 12 months employment - they cant sack you when youre off sick) and i eventually came away with an unfair dismissal claim which wouldnt have stood if id have gone back when i should have!
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Old May 17th, 2008, 20:34 PM   #18
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thats really bizaare because my complany literally dont sack anyone... because they dont think they have the right to... they believe its a month!!!
interesting stuff... thanks sparky!!
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