Please Help Biz Geeks!

[LadyA]

Please, please help me!

I have an employee who has just completed the agreed 3 months probationary period in my salon, i was due to sit down and sign her permanent contract today, have not yet done so but, just found out she's pregnant! She didnt tell me, I overhead her telling one of the other members of staff and telling them I couldn't find out until the permanent contract is all done and dusted

Now, I realise this is a very sensitive issue, so will try to tread carefully. Does she have to work for me for a certain amount of time before she received maternity pay? I'm not sure how far 'gone' she is.

I've put it her contract she has to have been in continuous employment with me for 26 weeks before she is eligible for SMP, is this enough?

Please don't think I'm being mean and wanting to get out of it, but I am just worried about my small business

I've managed to put of the conversation and signing of the contract until tomorrow, but am speechless and so worried about my salon, what can I do? :cry:

 

[julesgems]

Please, please help me!

I have an employee who has just completed the agreed 3 months probationary period in my salon, i was due to sit down and sign her permanent contract today, have not yet done so but, just found out she's pregnant! She didnt tell me, I overhead her telling one of the other members of staff and telling them I couldn't find out until the permanent contract is all done and dusted

Now, I realise this is a very sensitive issue, so will try to tread carefully. Does she have to work for me for a certain amount of time before she received maternity pay? I'm not sure how far 'gone' she is.

I've put it her contract she has to have been in continuous employment with me for 26 weeks before she is eligible for SMP, is this enough?

Please don't think I'm being mean and wanting to get out of it, but I am just worried about my small business

I've managed to put of the conversation and signing of the contract until tomorrow, but am speechless and so worried about my salon, what can I do? :cry:

Hi

Don't know too much about employee conditions etc, however since she is still in her probationary period (she hasn't signed yet) I would assume you are under no obligation to keep her on.

I know this may sound harsh to some, but speaking as the wife of a small business owner, I know how much of an impact preganancy/long term illnessess etc can have on the business.

I would suggest that you try and get advice from someone who has knowledge of employer/employee rights etc before you do anything.

Whatever you do I wish you luck:hug:

 

[Kim Lawless]

Give ACAS a call. xxx

 

[Ange1Dust29]

Hi LadyA,

Iv'e been in a similar situation to yourself, except my therapist was kind enough to tell me straight away. They have to be employed for a certain amount of time before they are entitled to SMP. You might find the info on direct.gov

Search results : Directgov - Search results

or call up the inland revenue thats where the SMP is payed from. They will tell you what you need to do.


HTH and good luck
Carla-Jane

 

[persianista]

If I'm entirely truthful, I would play dumb, and say that as lovely as she is, upon review you cannot afford another member of staff at the moment and let her go.
I will prob get slated for saying this but hey, Its what I would do. Please remember she is being a sneaky little moo withholding the information from you in order to get a contract.
If she claims that you are sacking her for being pregnant.....You didn't know,she never said.

 

[number1kitty]

If I'm entirely truthful, I would play dumb, and say that as lovely as she is, upon review you cannot afford another member of staff at the moment and let her go.
I will prob get slated for saying this but hey, Its what I would do. Please remember she is being a sneaky little moo withholding the information from you in order to get a contract.
If she claims that you are sacking her for being pregnant.....You didn't know,she never said.

Ok - As a Small business owner and an ex salon owner I would put out asap that your making redundancies and then if shes last in get rid of her. Sorry I am a mum and I know thats horrid, but after 26 weeks she can get so many months full pay (CALL ACAS AS MENTIONED) and you only get so much back off the government. Not your fault its the governments fault so then how in this recession would you be able to cope.

I don't think you can ditch without a reason especially if she already knows that the contracts prepared ready to sign.

Are you a little quiter at the minute than normal? Can you say theres a downturn in business and so you really don't need her at the minute?

You can sack someone in their first year without a reason. If she is pregnant though you get the brunt of an expensive law suit!!

Another way is to add into the contract some clauses, (again speak to someone) and any training she has then that is repayable if she leaves within a year inc maternity.

I know if it was me I would be gutted! It has happened to me and they made me redundant BECAUSE I was pregnant and I sued them for £10,500.

Tred ever so carefully. Be too busy over the next few days to take time to sign anything, and speak to as many people as you can.

There are websites that you can ask for legal advice for free and then just pay for it if it helped and it shouldnt be more than £7.

ACAS are superb though although they may raise an eyebrow to your plans.

Have you got a list of things she should not have not during the probationary period. Has she been late? took too long at lunch? looked scruffy? had a client complain about her? Has she chatted on her mobile during working hours? All will help to heave her out the door!

Kate