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Is my working breaking the law?

(13 Posts)
PregnantAndEngaged Sun 30-Nov-14 08:54:26

This is all hypothetical at the moment however I want to check my rights in case this happens. It's a rule at my work that if you have 3 absences in 6 months (due to sickness) then you can be put an informal "health and wellbeing plan" but basically they tell you you can't have another one within 3 months otherwise it rolls to a formal.

I've had 2 absences (one due to a car accident which was beyond my control and recently I've had a really bad cold). However I was concerned about the 3 absences rule as I've been feeling nauseous lately and I told my manager I was concerned I may get morning sickness, I asked if pregnancy-related illness would count towards that? She said it would still count. I'm sure that is pregnancy discrimination to count pregnancy-related illness towards going onto a plan (informal or not) at work?

EmbarrassedPossessed Sun 30-Nov-14 08:58:32

I have no expert knowledge but it also my understanding that pregnancy related absences can't count for this sort of thing. Is there a written policy you can get and check exactly what it says?

FunkyBoldRibena Sun 30-Nov-14 09:00:09

* She said it would still count.*

Just print out the page on the gvt website and say to her that you were doing some pregnancy related research and found this...and hand her the page.

hopefull2424 Sun 30-Nov-14 09:01:26

Hi. I can't say for all employers but I'm in a similar situation and when I asked at work they said they are unable to include any pregnancy illness in your normal sickness. They do not count any illness related to pregnancy so might be worth you double checking. Xx

VivaLeBeaver Sun 30-Nov-14 09:03:00

You're right. They're not allowed to count pregnancy related absences.

EmbarrassedPossessed Sun 30-Nov-14 09:05:53

This factsheet makes it v clear they aren't allowed to include pregnancy related illness in these kinds of sickness plans.

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

PregnantAndEngaged Sun 30-Nov-14 09:08:10

Thanks guys smile She is new in management so if this does happen I will just ask her to double-check the policy as the law says that pregnancy-related illness can't count. I'm hoping it won't happen but it did scare me that I could be put on a plan for something beyond my control related to my pregnancy.

Bondy83 Sun 30-Nov-14 12:48:27

They can't disipline you for pregnancy related illness however your companies rules for sick pay will still apply ie if your company only offers 6 wks full pay before ssp applies, if you've had your 6wk sickness at full pay over the prev 12 mth any other sickness will be paid at ssp rate if that makes sense

Brummiegirl15 Sun 30-Nov-14 12:50:41

Under the equality act you cannot count pregnancy related sickness towards a sickness record.

This is known as direct discrimination and is highly illegal.
This really winds me up. It's basic HR

m33r Sun 30-Nov-14 13:46:08

Hi there. Mm just be careful that anything you go off for is noted as 'pregnancy related'. For example, I went off a while back with a cold. I am certain that had I not been pg I'd have powered through but being anxious and not being able to medicate meant I took it off. That, to me, is pregnancy related but you need to be crystal clear (and a supportive doc helps if it comes to docs notes being required).

I should say my employers are great and this would never be an issue but I did think about it <hopes boss isn't reading this! wink>

ArchangelGallic Sun 30-Nov-14 14:01:32

hmm but the pregnancy didn't cause the cold, did it?

Personally I always class any pregnancy-related sick leave I have as illness directly related to the pregnancy, e.g., morning sickness, PGP.

However, I don't know what official guidance is or what other employees do.

secondtimeprego Thu 04-Dec-14 17:03:50

Message withdrawn at poster's request.

secondtimeprego Thu 04-Dec-14 17:08:04

Above post went on wrong thread somehow??

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