Threat of termination related to pregnancy

I am an employee working in a Company owned and managed by foreigners. These last few weeks have been stressful as my manager recently discovered that I am pregnant. Following this discovery, I received a letter that the Company is considering my termination and wants me to start looking for another job before the termination letter is issued. The letter even quoted a law which says ‘no employer shall require or permit a pregnant employee to perform work that is hazardous to her health or the health of her child.’ Is this the position of the law? I do not think I will be able to find another job. Kindly guide me.
EG, Geita

We are sorry to hear about the stressful situation you are going through. Your concern is addressed in the Employment and Labour Relations Act [Cap. 366 R.E 2019] (ELRA). First of all, according to section 7(4)(j) of the ELRA, no employer shall discriminate, directly or indirectly, against an employee, in any employment policy or practice, on the ground of pregnancy. In that regard, the law protects you from discrimination.

Further, section 37(1) generally states that it is unlawful for an employer to terminate the employment of an employee unfairly. Specifically, termination for reasons related to pregnancy is considered to be unfair termination as per section 37(3)(b)(i) of the ELRA in addition to various precedents. While it is true that section 33(5) of the ELRA states that no employer shall require or permit a pregnant employee or an employee who is nursing a child to perform work that is hazardous to her health or the health of her child, this cannot justify termination. According to section 33(9) of the ELRA, where an employee performs work that is hazardous to her health or that of her child, her employer must offer her suitable alternative employment, if practicable, on terms and conditions that are no less favourable than her terms and conditions. Your lawyer can guide you further. We wish you all the best.