Pregnant work disciplinary action

[Hollymarie34]

hi everyone I'm new and really desperate for some advice please.


im 17 weeks pregnant with my second baby, from the start I have suffered from severe morning sickness and have been in and out of hospital, around the beginning of March I was diagnosed with hyperemisis grevardrum and was signed off from work for 4 weeks.
In this time it was split between 2 sick notes... First one dated 6th of March to the 20th of March... Second one dated 19th of March to the 3rd of April. Both my partner and my mother took both sick notes into my employer as I was to ill to do so myself. They were handed in as soon as I received them from my GP


i returned to work as planned, on my first day back was summoned into the office I thought to do my return to work form which it was but also for a formal investigation as to why I never showed up to work and failed to notify them of my absence. I explained I had sick notes covering me for this period etc. they noted this down and continued that I failed to keep in contact with them enough when I did.


its now been taken to disaplinary I have a union rep involved that is coming with me to my hearing next week but I'm so nervous.... I contacted HR who were meant to phone me back Friday as I questioned them about this as my sick notes which are on my file cover me for this whole time... But no one called me back! I'm treated like absolute crap by them and I feel physically sick with it all


During my my first pregnancy I was bullied so severely by the store manager that I was signed off work from 20 weeks till end of pregnancy with depression, I only returned there because she had left but now I feel it's starting all over again. I feel so down and having trouble sleeping with the worry of this .


ive also contacted asolicotor that agrees this is wrong and has agreed to take it on on a no win no fee basis if I am dismissed by them.


ive also this evening read I can take them to a tribunal for injury to feeling I have no idea how to go about this the costs etc would I get any assistance if on a low income! Would it even be worthwhile ?


Thank you in advance


holly x

[tessy1]

Re: Pregnant work disciplinary action

I have been through such before. I would suggest you wait and attend the hearing and see what comes out of it. If they dismiss you, that would be related to pregnancy discrimination and you can sue them for sexual discrimination and get compensated for this either in court or at the point of settlement when your employers are aware of your court action. Just make sure you keep all evidence of sick notes and all other evidence of discrimination you might have. I would advice you to visit your nearest CAB citizen advice bureau (free) and they will be able to help you out on how much compensation you can get. Do not use no win no fee as they will request of high percentage from what you get out of your employer.

[Hollymarie34]

Re: Pregnant work disciplinary action

I have been through such before. I would suggest you wait and attend the hearing and see what comes out of it. If they dismiss you, that would be related to pregnancy discrimination and you can sue them for sexual discrimination and get compensated for this either in court or at the point of settlement when your employers are aware of your court action. Just make sure you keep all evidence of sick notes and all other evidence of discrimination you might have. I would advice you to visit your nearest CAB citizen advice bureau (free) and they will be able to help you out on how much compensation you can get. Do not use no win no fee as they will request of high percentage from what you get out of your employer.

Hi tessy Thankyou so much for your reply, my employer has my sick notes still on my file at work, so I will have to ask for them back to keep as evidence. Only other evidence I have of the whole situation is my copies of the investigation also. They won't admit its because I'm pregnant and keep on telling me its because of unauthorised abcence and that I never followed correct procedure with going off sick?! My first day off I phoned in as I went to my GP who adviced me bed rest etc then before my next shift I recieved a sick note that was handed in then as soon as that ended I got another sick note covering me from the day before the sick note actually ended to the beginning of April. I returned to work as planned.
To to be told I never kept them informed of what was going on even though I was phoned by them once and I told them the date I would be back (the date I returned) and also before them when I was first off to which they told me I had made it very difficult for them and made them very short staffed .

do you have any idea how much the fees would be for a no win no fee settlement? I can visit my citizens advice no problem but I can't afford any court fees etc. I'm a newly single mum and I just can't afford to my only option I thought would be no win no fee .

if Im not dismissed would I still be able to pursue them for he stress this has caused and the way they have treated me.


Also may may be important to add, my first pregnancy with my little girl I was severely bullied by my store manager at this store so badly I had a nervous breakdown and was pretty much housebound with depression and anxiety, only reason I returned there was because that manager had left so I thought things would be better x

[stevemLS]

Re: Pregnant work disciplinary action

Typical conditional fee arrangements range from 25 - 50% of whatever is recovered.

There is no prospect of a successful claim for injury to feelings at this stage, they haven't actually "done" anything to you yet.

That said, I am amazed at what they are doing, was it plain on the fit notes that your illness was pregnancy related?

[Hollymarie34]

Re: Pregnant work disciplinary action

Typical conditional fee arrangements range from 25 - 50% of whatever is recovered.

There is no prospect of a successful claim for injury to feelings at this stage, they haven't actually "done" anything to you yet.

That said, I am amazed at what they are doing, was it plain on the fit notes that your illness was pregnancy related?

Yes on my sick notes it says hyperemiss grevardrum on the reason

at what point is best to start making a claim, can I only make a claim if they dismiss me?

I was given an unauthorised absence last year because my little girl was ill and I needed to take her to the walk in centre as my GP didn't have any appointments, I started at 6pm phoned them at 9am and was told can't someone else take her . And then again because I told them weeks in advance I couldn't do a shift because I didn't have childcare phoned at 6am (didn't start till 6pm followed every correct procedure... But because in my managers own words "aren't believing bulkshit stories anymore regarding childcare" gave me an umauthorised absence and then lastly when I first found I was pregnant gave me one for my partner ringing in for me as I was being sick upstairs at the time. They were fine at the time on this occasion just told me to give them a ring to update them when I was feeling better... So I phoned them back as arranged returned to work but was given the unauthorised absence for it because he phoned in!

this time around with the morning sickness I tried to cover myself for every angle but still damned if i do damned if I don't. Now they are telling me despite me doing everything I can I haven't done enough to keep them updated despite the sick notes, me phoning them.... They are now telling me my partner could of phoned.... Which last time got me in trouble!

Im going out my mind with worry which in turn has made my sickness return with the stress I can't sleep, I feel anxious :'(

i dont know what to do I've done all I can but it never seems to be enough for them they always try to make things so difficult x

[stevemLS]

Re: Pregnant work disciplinary action

Possibly they didn't understand the diagnosis? I'd never heard of it until the Duchess of blah had it!

It does sould as though they are being incredibly harsh.

The earlier matters do complicate it a little, for example, when you rang at 9am saying that you had to take your daughter to the walk-in centre, if you weren't starting until 6pm, it might be a reasonable response to ask why you couldn't have taken her straight away to the walk-in centre straight away and thus be available at 6pm.

You are entitled to time of "in an emergency" to arrange alternative care for a dependant, not to yourself do the caring.

It is undefined what amounts to reasonable time but some interpret it as a couple of hours, others a day.

When you say you were given an unauthorised absence, did you actually go through any formal process, did you get any sort of warning?

Your manager's attitude and words do nothing to assist the management case.

Without being too specific what sort of industry do you work in, what real difficulty does it put them in if you can't do a shift? Don't they have a contingency to cover unexpected absences?

How long have you worked there?

You already sound to have a back up plan if necesary with the solicitor you have spoken to.

I know it is easier said than done, but try not to worry too much about it. It is happening and you can't change that. On the basis of what you have said, I think they would be incredibly stupid to dismiss.

[Hollymarie34]

Re: Pregnant work disciplinary action

Possibly they didn't understand the diagnosis? I'd never heard of it until the Duchess of blah had it!

It does sould as though they are being incredibly harsh.

The earlier matters do complicate it a little, for example, when you rang at 9am saying that you had to take your daughter to the walk-in centre, if you weren't starting until 6pm, it might be a reasonable response to ask why you couldn't have taken her straight away to the walk-in centre straight away and thus be available at 6pm.

You are entitled to time of "in an emergency" to arrange alternative care for a dependant, not to yourself do the caring.

It is undefined what amounts to reasonable time but some interpret it as a couple of hours, others a day.

When you say you were given an unauthorised absence, did you actually go through any formal process, did you get any sort of warning?

Your manager's attitude and words do nothing to assist the management case.

Without being too specific what sort of industry do you work in, what real difficulty does it put them in if you can't do a shift? Don't they have a contingency to cover unexpected absences?

How long have you worked there?

You already sound to have a back up plan if necesary with the solicitor you have spoken to.

I know it is easier said than done, but try not to worry too much about it. It is happening and you can't change that. On the basis of what you have said, I think they would be incredibly stupid to dismiss.

Thankyou for replying it really is appreciated

reagrding when hen my daughter was ill they say we have to phone in between 7am and 9am regardless of what time we start, to me it also seems silly phoning in nearly 12 hours before a shift as a lot can change in that time, but I just go along with it to be honest. She had been throwing up all morning and wasn't reacting well to light me and my partner as you can imagine were out of our minds with worry and were thinking the worst I explained all this to them on the phone and said that I may not be in if she's not any better after the walk in centre, at the walk in centre they sent us straight to hospital I kept them updated the whole time.

It was taken to disaplinary and a written record to be kept on my file for 6 months this was the end of January the disaplinary took place.

I work in retail for a large well known women's clothing brand, I've worked there for 6 years in June.

My pregnancy sickness was put on my file as normal everyday sickness as if a colleague had phoned in for a cold for expample.

i phoned HR again today as I never got the call back I was promised on Thursday or Friday to be told they were still talking to the store and would call me tomorow.... The hearing is tomorrow!

Nothing is ever clear there and they change the rules to suit them whenever they please and are never consistent which makes it even more confusing and you don't know wherether your coming or going half the time! No one communicates with each other which from what a few of the managers are saying here half of them didnt have a clue my sick notes even exsisted and one of the managers were told I never even handed it in! Untill I showed them to her in my file!

[stevemLS]

Re: Pregnant work disciplinary action

There is a couple of bits of good news there Hollymarie.

1. The previous warning should have no bearing on the hearing tomorrow, it has expired - it should not be referred to.

2. Your length of service means you have full employment rights.

No doubt you will have your case prepared, but so far as I can see the approach should be:

1. You properly and promptly notified them of your sickness and complied with their reporting requirements to the best of your ability.

2. They have "mistakenly" recorded your recent absence as ordinary sickness rather than pregnancy related.

3. Your fit notes have plainly referred to a condition that cannot occur other than in pregnancy.

4. Pregnancy related sickness is ordinarily disregarded for absence management purposes.

5. You have the right, under the Equality Act 2010, not to be subject to less favourable treatment by reason of your pregnancy.

If who ever is hearing it has a modicum of common sense and knowledge of the law, I'm sure you will be fine.

If it goes the other way, appeal - be aware that you will have a very short time to submit an appeal, it is often only 7 days.

Don't rely too much on HR, their role essentially is to protect the company not the staff.

I hope you have somebody accompanying you.

I will keep everything crossed for you tomorrow and wish you well, let us know how it goes.

[Hollymarie34]

Re: Pregnant work disciplinary action

There is a couple of bits of good news there Hollymarie.

1. The previous warning should have no bearing on the hearing tomorrow, it has expired - it should not be referred to.

2. Your length of service means you have full employment rights.

No doubt you will have your case prepared, but so far as I can see the approach should be:

1. You properly and promptly notified them of your sickness and complied with their reporting requirements to the best of your ability.

2. They have "mistakenly" recorded your recent absence as ordinary sickness rather than pregnancy related.

3. Your fit notes have plainly referred to a condition that cannot occur other than in pregnancy.

4. Pregnancy related sickness is ordinarily disregarded for absence management purposes.

5. You have the right, under the Equality Act 2010, not to be subject to less favourable treatment by reason of your pregnancy.

If who ever is hearing it has a modicum of common sense and knowledge of the law, I'm sure you will be fine.

If it goes the other way, appeal - be aware that you will have a very short time to submit an appeal, it is often only 7 days.

Don't rely too much on HR, their role essentially is to protect the company not the staff.

I hope you have somebody accompanying you.

I will keep everything crossed for you tomorrow and wish you well, let us know how it goes.

Thankyou so much hearing is 5:30pm tomorrow will update how it goes fingers crossed it will go fine

i have union rep from usdaw who will be accompanying me tomorrow so hopefully they should be able to help Aswel

I've also been advised by HR to email a formal grievance to them which I have, my partner is saying I should post it to them also first class recorded in that way I will know they have received it