Fitness for work - do I need to do this

[exploringshakes]

Do I need to tell my employer the reason I've been in hospital and have a fit note?

I'd like to block out the conditions.

Thanks

It depends on your contract really.

They may not ask at all. On the opposite end of the scale, they could have the contractual right to request a medical report or to see your medical records and it could be a disciplinary offence to refuse if so.

I have refused to disclose the exact reason for hospital treatment in the past and whilst they pushed it a little on RTW, I just said I was well now and didn’t want to discuss the exact medical reason behind it. Eventually it was accepted. (They knew I’d had minor surgery that had gone a but wrong but that’s all)

@MrsPinkCock thank you for your reply. I'm pregnant and don't want to tell them yet, I am deeply suffering with HG.

I just don't know how to approach this.

Ask your GP to put nausea and vomiting. Doesn’t have to say the cause

It’s surely to your advantage to tell them. You will have a lot of protections, and any sickness related to pregnancy can’t be counted against you.

@Pacifybull I'm on a FTC and waiting on a perm contract. I don't want it to affect my chances despite being told verbally about the future opportunities.

I agree with this. I once had a client who was sacked because her employer believed that she was pregnant, but she hadn’t told them so it made it a very difficult case to prove! Her employer guessed because she was regularly being sick at work and taking time off.

I understand why many women prefer to keep it quiet in the early months but it honestly does give you the best legal protection to tell them.

If they refused to offer a permanent contract due to your pregnancy that would be discrimination.

It would be much harder to prove if you didn’t tell them, they guessed you were pregnant from your symptoms, and then chose not to offer a contract. Even worse if they dismissed you because they felt you were being dishonest with them about your absence.

Even with the update OP, the law is on your side and I’d suggest telling them, but I can understand why you’d be nervous about it!

@exploringshakes @MrsPinkCock thank you both for the reassurance. That's good to know. I'll give a call to my boss tomorrow and explain the circumstances.

@MrsPinkCock they didn't offer me one. I shouldn't have told them.

What reason did they give? Is it a genuine reason?

Id suggest calling ACAS for some initial advice.

@MrsPinkCock all of a sudden there is no role available despite many conversations leading up to this.

It's just a whole shit show. I'm truly shocked.

I’m really sorry to hear that.

Do you have anything in writing showing that a role was discussed?

@MrsPinkCock I have the conversation from a colleague with the information she was told. She's willing to testify if it ever got to it, she's horrified at how I was strung along.

It’s worth speaking to ACAS. If the job description said temp to perm, or you have any evidence that you were told you would be offered a permanent contract, it could be worth pursuing.

Is anyone else on a temp to perm?

Relying on the hearsay of another colleague isn’t likely to be enough - you need something tangible that could potentially be shown to be discriminatory.

@MrsPinkCock I'm maternity cover.

I've had several verbal conversations with the head of a department, who has in turn told a colleague who relayed the same info to me via text as she was unaware if I knew their intentions.

As previous poster said, have you got evidence that you were going to be offered a permanent role and now haven’t been?

You would need something pretty concrete to be able to prove you were going to be given X and were not purely because you are pregnant in order to have a case here. Sadly businesses are really savvy about this now and there are so many reasons they can use to avoid having to admit it was due to pregnancy.

Unfortunately texts from a colleague with what is essentially gossip isn’t going to be anywhere near enough.

The fact that your role is maternity cover could make it more difficult.

What EXACTLY were you told verbally about the role being extended?

Did the role you applied for specifically mention the possibility of becoming permanent?

@MrsPinkCock the demands of the person I'm covering in order to return to work were that extreme that herself and my boss didn't even think HR would approve them. Sadly they have.

I was told not to worry as whatever happens, neither of us would be out of a job. This was a lie.

I was given 2 options of other roles that I could move into that were upcoming. All of as sudden, these do not exist.

In that case, if you can remember dates/times etc, it’s probably worth raising a formal grievance. State the facts - on X date, I notified you of my pregnancy. On X date, I was informed by Y that I would not be out of a job at the end of the fixed term. On X date, I was informed of two roles that I could take at the end of the fixed term. On X date, Z was also informed that my contract would be extended. On X date, these two roles were withdrawn and I was informed my contract would be terminated. I now believe that this is discriminatory due to my pregnancy. (Etc)

They then legally have to address it and it creates an evidence trail. The burden of proof in discrimination claims is slightly more on an employees side - if they can show an act from which discrimination MAY be inferred (failing to extend the fixed term), the burden shifts to the employer to then disprove it.

@MrsPinkCock thank you, you are truly amazing. You didn't have to help initially or even return to support this time round but thank you.

You can also contact Pregnant then Screwed - best of luck!

You’re more than welcome. It’s not much just on an advice forum but I hope it helps a little.

They might even decide to try and settle if they think they have any liability so it’s worth a shot. Most discrimination claims don’t have clear evidence as employers never say “I’m sacking you because you’re female/pregnant/disabled” - it’s all down to who the ET believe.

@MrsPinkCock I've prepared a strong email to send when I'm back in the office next week, being very clear on that I believe this is discrimination.

I think putting it in black and white will shock them.

I hope so! I’d just suggest that you add to it that you wish for it to be treated as a formal grievance too, that way the grievance procedure should be triggered and they have to hold a meeting with you to discuss and allow you the right to be accompanied, with a written outcome and right of appeal etc.

Im saying this because once you have the outcome in writing you’ll be in a better place to assess whether you have a claim that’s worth pursuing.