Work out me on a capability 3 weeks before I'm due on maternity

[frostiemay]

When I found out I was pregnant I was off sick for a month. Literally vomiting none stop.
Anyway I took 4 weeks off and came back in. Since I got pregnant I've felt unwell. But I have a strong work ethic so felt as long as I was able to I could stay in work and 'do my best'.
My pregnancy risk assessment was very vague, no referral to occupation health.
No reasonable adjustments.
I made a plan of action to manage my workload and was doing well until suddenly a huge amount of work was given to me from nowhere. It wasn't manageable so when I questioned it I explained I'd do my best but would make no commitments that it would be done on time (thankfully documented).
I've struggled on with a high workload (manager has said it was above safe levels) and was looking forward to my maternity until my manager arranged for a meeting with me where I've been told my work wasn't meeting standards and I've been put on a competency framework.

There's a list of all the uncompleted work I haven't done and the expected time it should have been completed and my time scale. So for example (reports should be completed within 5 days this took 20 days to be completed).
No one's been put at risk as it's not that kind of work. It's just paperwork.

Anyway I explained that I'm not fully well (sciatica, exhaustion, nausea). I have a doctors note stating I need to work from home and my doctor was willing to sign me off completely which I didn't do as I felt well enough to work with reduced timetables.

Obviously there's been a misunderstanding. I thought it was understood I wasn't fully well and would be working to reduced timetables. This wasn't the case and my work has been judged as if I wasn't pregnant and I've been put on this capability framework.

Once I'm back from maternity leave I won't be pregnant and I've worked for this employer for years without issue and know once not unwell due to pregnancy I will be back on par but AIBU to think this is just really mean of them?

They could have said 'we noticed you're struggling with the work and so have reduced your work load to ensure all deadlines are met'.

Especially since they've acknowledge the workload was far too high for anyone never mind a pregnant worker.

I'm not worried about it as like I said I've never had an issue before pregnancy and know I'm able to meet all deadlines when not unwell.

When I return from maternity I'm straight on a performance plan. Nice!

Well that is wonderful for you. I applaud you on not being dyslexic and tired. I, however am both and your snarky comment added nothing to the discussion except to be mean.

Perhaps you can look at the substance of what is written rather than trying to find errors in order to dismiss the wider post. I'd also look at follow ups from the person you are being snide at in future?

I had a reason for a minor error, which I conceded and amended. What was your reason for being unpleasant?

Documenting everything in writing is always a good idea.

And really, the bar for discrimination claims in pregnancy is actually quite low - as it’s “unfavourable treatment” rather than “less favourable treatment” which means that you don’t have to compare the behaviour to any non pregnant colleagues for example. So you are right in that the act of placing a pregnant employee on capability alone could theoretically amount to unfavourable treatment… And if the two things are directly linked then it would be unlawful.

But on the flip side, if the employer has implemented the medical advice given (to WFH - the GP didn’t recommend reduced duties, OP did) and the OP is seriously underperforming in spite of her pregnancy, then the process could still be fair! The problem is you will never have enough facts on a thread like this to say which of the two it is.

You are in law entitled to reasonable adjustments for pregnancy.

What a ridiculous comment - Google it if you're not aware of it

Nothing really to say OP other than sorry this has happened to you. I know how you feel - my employer tried to make me redundant days before I was due to give birth (when I have worked there for over six years, and was told I was getting a promotion before I announced my pregnancy) because I was WFH more during my pregnancy due to sickness and my boss didn't like that. The team I manage massively overperformed that year, so it wasn't like my work was comprised. They also refused to carry out a pregnancy assessment even though I asked for one.

I've made a complaint for discrimination and currently on mat leave, have two interviews for more senior and better paying jobs. I would recommend you look around on mat leave tbh! Your employer doesn't sound like they're supporting your pregnancy

increasing her workload to an unmanageable amount is likely to be deliberate maternity discrimination. You cannot increase workload for someone who currently needs a reduced workload due to a protected characteristic as a way of managing them out of a job.

This was my first thought.

OP it looks like your employer has caused the performance issues on purpose. They are now laying the ground to get rid of you on the basis of capability issues. Meanwhile you are trying your best because you have a strong work ethic and likely making yourself ill by working when you are not 100%. This is the thanks that you get!

This is so wrong. I hope you can take a union rep with you to any meetings.

But reasonable adjustments are wfh and avoiding hazardous situations, for example. Were there specific risks associated with your role? If you felt the workload was unmanageable it would be appropriate to raise this with management and request extended deadlines or reduced volume to handle, not allow things to slide. Did you request a referral to oh? Was your performance already under review? Could you bring ml forwards?

@MrsPinkCock absolutely agree. It all depends on what has been documented and how. And it is hard to tell that on this thread without asking OP to disclose too much.

I'm just a big believer in documenting everything and backing up all discussions in writing in situations like this. It sounds as though OP has been treated unfairly, but whether that can be proved is another matter.

That said, I think we have all heard of or worked at places with unreasonably management at times... So it is possible that they have messed up and starting an inappropriate process without thinking through all the steps beforehand.

ACAS and Pregnant the Screwed are great resources.

Ignore the “pregnancy isn’t an illness, woman up, I coped with my job as a weight-lifting lion tamer when I was 42 weeks pregnant with triplets, you weakling” comments. Every thread of this type has them.

Pregnancy is a common cause of employers discriminating against employees, and its often not legal.

Clearly you were ill, and maybe should have had more time off per your GP. Clearly at 8 months pregnant it’s a shitty thing to do and may be an attempt to harass you out of your job. Are you a member of a union?

I suggest you write a very stiff letter outlining in purely factual terms

• Significant pregnancy related illness as diagnosed by your gp
• No meaningful risk assessment or OH referral
• Your continued commitment to work despite substantial ill health
• Your concern that you are being put on performance management so close to due date. Undue stress in pregnancy etc
• That you have specifically been told by your manager that your workload is at unsafe levels (for anyone, let alone 8 months pregnant) - if possible document date and time you were told this
• If you can rebut any of the performance management stuff, do so (ie check they haven’t got anything wrong, they probably have)
• You may wish to express concern that this performance management approach is discriminatory

Talk to Pregnant then screwed https://pregnantthenscrewed.com/help/

If they are treating you like this now I would expect they will try to manage you out of the company. On the face of it you need to get some expert advice, the links are to a couple of free help agencies do women in your position

https://pregnantthenscrewed.com/advice-services/ and or https://maternityaction.org.uk/

I think you’ve had some really harsh replies here. The situation sounds very stressful for you.

I work for a generally decent employer - even if they could technically put someone through a capability/ disciplinary procedure just before they went on maternity leave I can’t imagine them doing so unless circumstances were really extreme and obviously unconnected to pregnancy e.g being dishonest or racist etc.

And most good employers will cut you some slack while pregnant, particularly if you have a good record and are clearly doing your best. My job tends to be long hours and they asked about workload in the maternity risk assessment and my boss regularly checked if it was manageable.

I agree that this could well be an attempt to push you out. It is a very aggressive move to go straight to a formal procedure rather than your boss having an informal chat. It would be interesting to know if your colleagues’ workloads were also increased and if not why not. If you could show that your employer gave the work of three people to the pregnant woman whom they knew was sick when others could have picked some of it up, it doesn’t look good for them.

Im a 15 year PQE employment lawyer but sure, I’ll just go google that… 🤣

I think ‘reduced timetable’ doesn’t mean doing half the work but still full time hours. It means reduced hours and reduced work. You didn’t want to reduce your hours, reduce your pay, or go sick, you wanted full time hours but not do the work you are supposed to do. Just because you are pregnant it doesn’t mean you can go to work and not really do what you are supposed to do, 20 days to do something that’s supposed to been done in 5 is why you are on a performance procedure. You work in an office, try working as a nurse, in a big supermarket or some other job where you are on your feet all day, and not doing what you have to cos you’re pregnant. You should have been signed off sick if you couldn’t do your job but you didn’t as that presumably would have reduced your mat pay, well sometimes you can’t have it all your way!

Prob not the whole story !

Op. I think there have been crossed wires here. As people upthread have mentioned reasonable adjustments in pregnancy would typical relates to things like health and safety ie maybe a chair at till instead of standing etc, what you thought you were getting was a bit different ie do as much as your able .
I think that yes some women so use pregnancy as a excuse for doing less work without cause but given your previously unblemished record I think they have treated you harshly and I would absolutely be looking for some thing else towards end of my maternity.