Is this Unfair dismissal?

my partner is pregnant and works as a beauty therapist. she has been unable to perform massages due to back ache (the ligaments in the spine soften during pregnancy)

She is still able to do all other treatments, like manicures, pedicures and waxing etc...

she has been sacked because she cant to the massages.

she told them she was pregnant over 2 months ago and they said they were fine with it, and they'd even hire extra help for massages, which they never did do.

does she have any rights to appeal?

fiona t

Yes this is a case for unfair dismissal - go to your local citizens advice beaurea for free advice and help with your case. hope things work out for you.

ruthaya2

Absolutely. Many states have laws in place protecting the rights of pregnant women- including the right to their jobs. Legally, the only way a woman can be denied her job during pregnancy or after maternity leave would be if the firm were to go out of business completely, or if her position were eliminated altogether with no intention of hiring a replacement. Neither of these apply in the above case. She should definitely go for it- especially if she has prior approval of her pregnancy in writing.

Judy

You don't say what country she's in, and laws can differ. In the US, if the massages are a basic` part of the job and she can't do it, then they can terminate her. If she qualifies for FMLA leave she could apply for that, but it's only good for 12 weeks.

bud

yes she has, she could do other jobs instead like you have said, get some advice

native c

Absolutely!

June R

Yes she does they were out of order. It sounds to me they cant afford to pay maternity pay and someone Else's wages and they used her bad back as an excuse its way out of order go to the CAB first thing mon morn. good luck xx

tintin-3726

Yep go to your nearest citizens advice bureau and take it from there.

Jake159

Sounds very much like it is.
If she was performing the massages before she was pregnant, and the only think she can't do now is the massages, and the business is aware of her pregnancy, she can not be sacked for that.
I would suggest you talk to an employment lawyer or even the Dept. for Work & Pensions for further guidance.

biblesandy

If she brought a doctor's note to work about her back situation then she might still be there. She should have asked for temporary modified duty. Was this the only reason she was fired? Coworkers don't always tell each other the whole story.

Pauly_B

OH MY GOD YES ! ! ! ! She has been sacked because she is pregnant and that is unacceptable ! SHE could sue for alot of money for that.......

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