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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44962
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently in permanent employment and I have been

Customer Question

Hello, I am currently in permanent employment and I have been offered a promotion. However, the promotion is a Temporary Promotion and they have reserved the right to terminate the promotion at any time and I will revert back to my current role after 12 months. I am planning to have a baby, does that mean that they can terminate my employment during this time?
JA: Have you documented this or discussed it with HR?
Customer: Not yet
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don' t think so.
Submitted: 2 months ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 2 months ago.

How long have you worked there for please?

Customer: replied 2 months ago.
Hello.
In my current role, two years. Prior to that I was working for one year in a more junior position for the same employer, so three years in total.
Expert:  Ben Jones replied 2 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 2 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

If you mean whether they are able to terminate your employment in general, rather than just terminating the promotion position and placing you back in your original role, then generally no they can’t. Of course they can consider termination at any time, such as due to reasons of redundancy, misconduct, performance, etc but they cannot just terminate you because you are having a baby. If they do then that would amount to discrimination and likely be an automatically unfair dismissal.

What could happen is that they place you in the temporary position for up to 12 months, and if you go off to have a baby in the meantime, they should not demote you back to your normal role just because you are having a baby as that will likely be discrimination. There could be other reasons not related to your pregnancy which may prompt them to place you back in your role, which can be acceptable but if they are simply using the pregnancy as a reason then that is likely going to amount to discrimination.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on challenging any termination, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 2 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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