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12 weeks 5 days pregnant and have a formal hr meeting

(18 Posts)
mummyzoe2012 Tue 12-Jul-11 20:56:53

ive just returned to work after 6 weeks off due to morning sickness and further complications during early regnancy one which left me in hospital on a drip.upon return to work my team leader handed me an envelope saying that ive got a formal warning meeting on thursday and she has known im pregnant since i found out at about 4 weeks. where do i stand?

Sausagesarenottheonlyfruit Tue 12-Jul-11 21:10:17

www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/sicknessduringpregnancymaternityleave.pdf]

This site says that any pregnancy related illness cannot count towards your sickness record and your employer cannot use it for disciplinary purposes.

Perhaps you could print off the PDF and take it with you to your meeting on Thursday, as they don't seem to be aware that they are acting unlawfully.

flowery Tue 12-Jul-11 21:14:11

What's the meeting for? If it's to discuss the prospect of giving you a warning for pregnancy-related absence they can't do that as Sausages said. It's entirely likely they have no idea though. Is there an HR department you can speak to and ask to enlighten your manager?

LoveBeingAbleToNamechange Tue 12-Jul-11 21:32:51

I would hope that your team leader has just worded the name of the meeting incorrectly. I would expected them to discuss your absense and to see what they can do to help.

mummyzoe2012 Tue 12-Jul-11 21:51:28

ive already had a how can we help you meeting this is with a hr representative, im going to take that info off the link given in and give that to them. thanks for the advice.

tiggersreturn Wed 13-Jul-11 12:39:48

You say that you told your team leader that you were pg 8 weeks ago. It's always good practice to follow this up in writing (email to her cc HR is sufficient) to make sure that it's officially recorded. If you did something like this or just have some records showing they were aware of the pg e.g. notes/emails from your previous meeting with HR then it's also a good idea to take that along with to reinforce the point that this is pg related sickness and therefore cannot be treated as seems to be outlined here.

It may also be worth asking for a pg risk assessment. If your job is office based it's probably a bit early for this but again it would just be a reminder of their obligations to you to try and switch the focus of the meeting if you think it's going to be contentious.

Good luck.

Sausagesarenottheonlyfruit Thu 14-Jul-11 16:16:30

How did the meeting go?

mummyzoe2012 Thu 14-Jul-11 20:39:04

they have gave me a formal warning and if im off again they will give me a final warning and the i will get sacked pregnant or not is what they have said.

Georgimama Thu 14-Jul-11 20:44:57

Oh dear, oh dear. How very silly they are. Are they aware that damages for sexual discrimination are uncapped? Probably not. Unfortunately they are likely to find out.

Try not to worry OP, your employers are so deeply in the wrong it is almost funny, although I appreciate it isn't funny to you.

dyzzidi Thu 14-Jul-11 20:49:40

Hiya request a copy of the minutes of the meeting or the outcome in writing. They can not behave this way towards you and I think you should begin preperations for a tribunal. keep a diary of what is said to you and when just in case you need it.

shmoz Thu 14-Jul-11 20:58:11

Good grief! As Georgimama said, dismissing a woman on the grounds of pregnancy or a reason connected with it is likely to be deemed automatically unfair sexual discrimiation (damages uncapped). They must be mad.

Give ACAS a call 08457 474747

Make sure all correspondence is in writing, and keep copies of everything.

tiggersreturn Thu 14-Jul-11 21:47:21

They must be mad and they don't sound a great place to return to once you have a child so I'd agree with the collating evidence advice. Do you have a union and if so is it worth involving them?

theothermrsclooney Thu 14-Jul-11 22:10:36

they are really stupid! You should receive written confirmation of your warning confirming the reason for the warning, keep this and please document whenever anything inappropriate is done or said. If your letter does state that they have given you a warning in response to your recent abscence I would consider some legal advice. Companies should not get away with this. I've been there post pregnancy and know it can make you fell awful but remind yourself your primary responsibility is to you and your child.

LoveBeingAbleToNamechange Fri 15-Jul-11 07:26:40

shock

JoleneJoleneJoleneJoleeene Fri 15-Jul-11 07:32:44

Sad to think this still happens in 2011. I hope you kick their arse, OP.

Sausagesarenottheonlyfruit Fri 15-Jul-11 10:16:18

Shocking! As everyone says, you need some legal advice (do solicitors still offer a free half hour? Or CAB). Also you will need your Dr to provide documentary evidence that your sickness was due to your pregnancy.
They are acting illegally and you DO NOT have to tolerate this.

flowery Fri 15-Jul-11 12:31:07

They are bonkers. I would suggest formally appealing the warning as a first step, and would give them this from Equality Human Rights as comprehensive stuff on managing pregnant women who are off sick.

I would say that if the warning isn't retracted immediately and confirmation received that you will not have any pg-related sickness counted against you in any way, you will be bringing a claim for sex discrimination.

As has been said, if they sack you for pg-related sickness it will automatically be unfair dismissal and sex discrimination as well.

mummyzoe2012 Fri 15-Jul-11 21:38:49

thanks all, in total i have had one other day off sick, i will defo be appealing the desision made and will update as soon as i get the responce from the appeal, any tips on what to say in the letter would be great.

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