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Sacking a casual employee?

Category: Law & Legal

luke_thomasukluke_thomasuk


I run a coffee shop and have a 17 year old girl that works for me on a saturday. She did not show up for work last week and i have since found out that she will not be in for the next 2 weeks as she has just found out that she is pregnant.

Where do i stand on sacking her? I know that normally i would have to give 1 week's notice but does the fact that she is now pregnant play a part. I am likely to receive any kind of backlash for firing her?

Thanks in advance for any help.

et tu?
et tu?

Since it is casual employment, and if there are no formal employment contract, you can just let her go. but i admit that i am not sure if this applies to your local employment laws.

gvhjkgh
gvhjkgh

I don't think people have any rights if they've been working for you for a short time.

DAVID
DAVID

Yes you cant sack her for just being pregnat you have to give her written warning about being off and then their are procedures to follow to allow you to sack her

if you act inhaste this could lead to industrial tribunal and you being made to pay more

Buddy
Buddy

You definitely have to be careful on that one, if anything you should have giving her warnings or written her up about being tardy so that you can have a valid reason for firing her. You can't terminate her just because she's pregnant.

Check this link for other solutions:

http://www.buddytab.com/search/web/How-To-Fire-Employee

Stephen
Stephen

I assume that she has not personally told you that she will not be in for the next two weeks. If she does not get in touch with you at the end of the 3rd/4th week you should be able to write to her and make the assumption that as she has not turned up for work for the past x number of weeks and has given you no reason, that she has resigned from her position. If however you are getting rid of her because she is pregnant I think you are probably on a sticky wicket.

Lucy Archer
Lucy Archer

Sadly you cant just sack an employee anymore.

Im not sure which country your in but i'm in the UK and where I work before you get sacked you get put on disciplinary. The rule most places have is '3 strikes and your out'.

She may be a genuine girl but do not under-estimate her. If you do end up sacking her she could use the pregnancy against you and kick start a legal thing. I doubt it'll come to that, but be careful.

If you do wanna get rid of her though, talk to her about maternity leave..........she may even convince her-self to quit as a 1-day a week job wont provide the financial support that she needs.

I hope this helps

the kid
the kid

Did she call you and tell you that she wasn't coming to work? B/c if she's a no call/no show it's job abandonment.

devonian2001
devonian2001

Take care You could run into trouble I would give her a written warning saying you cannot manage without some Saturday help and asking her when she will be returning. Try to get her to give you notice if you can, that way you will not be liable. Check with the job centre it will depend on how long she has worked for you. I imagine she has not told you that she is pregnant so if it was news from a third party it may or may not be true, In any case you cannot just sack her for being pregnant.

Kernow Lady
Kernow Lady

In my catering business I had lots of saturday boys and girls. Many of them took the p**** by not turning up. I just told them that there was no work for them. I think you will find that a 17 year old casual worker has no rights whether pregnant or not. Be careful though, do not admit to anyone that you have heard she is pregnant.

D
D

For official UK Government advice: "The Acas Helpline is the place to go for both employers and employees who are involved in an employment dispute or are seeking information on employment rights and rules. The Helpline provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace."


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