Disciplinary at work.. Can they do this?

[Tryagain92]

Hi all. Okay a bit complicated but I really do need help! I am 9 weeks and a bit pregnant today and I found out I was pregnant about 5 weeks. Anyway, during that time I was doing rather heavy lifting and pulling at work because work put me in the laundry and not as a cleaner which is what I am supposed to do. At 8 weeks I had to tell the supervisor I was pregnant as it was getting too much for me and it is VERY busy in there I don't even have time to sit down or eat lunch. I am in there for 8 hours. Anyway I told her and she said I will have to stick it out for a bit as there is nobody else to go in the laundry so I will have to be careful, which is ridiculous because what if I was ill? (coming to that)

Ok so I was in the laundry last weekend and it was extremely heavy work and it was so difficult. Later that evening I started to bleed and I went to a&e who advised me not do any heavy lifting or pulling as it could make the bleeding worse, they termed it a "threatened miscarriage". Now you can see I was extremely scared! I have been anxious and depressed since that night because this is my fourth pregnancy and no live children.

I thought enough is enough. She put me in the laundry tomorrow, weekend and two days next week when I told her not to and I just cannot do it. Nobody else is able to go in there because they haven't been shown how to but I am putting myself and my baby first now! I was asleep and my partner called the supervisor the next day and told them the situation and said I am not coming to work for a few days until it settles down or further notice and I filled out a self-certificate sick note.

Yesterday (this was when my partner called the day before) I got a call about an hour after my start time and a care worker said why am I not in the laundry, I said the situation has been explained to the supervisor and I won't be in there. She said there's nobody trained to get up and get in there and I will have to go in as they have no clothes or bedsheets, I said sorry but it really isn't my problem. I called the supervisor but she was not in so I rang the receptionist and told her to pass on the message to the other people that I won't be in work. They had plenty of time to get this sorted out when my partner called! Apparently my colleague whose a friend said nobody did go in the laundry and it got completely backlogged.

A couple of days later I got a letter saying I got a disciplinary meeting with the boss on whatever date they put and I am well and truly shocked. It is about my conduct and something I have not done which I assume is my job, right?

What on Earth is happening? Yes I did call in sick but I do have an issue going on here and I am really angry. I really need advice! Am i in the wrong here? :/

Persipan not Persian!

Don't worry Egid86 - happens all the time!

It is normal to self-certificate for the first 7 days and your employers should have accepted that. I'm not sure of the time scale but assuming it is close to the end of the self certification period so reasonable to return to your gp for a fitnote (I don't think they call it a sick line anymore) and your gp should also be able to recommend lighter duties.

You are absolutely not in the wrong, OP. Your employer sound like they have a very poor knowledge of employment law and the way they are treating you could leave them open to legal action being taken against them.

Firstly on the question of doing a risk assessment - your employer should already have carried out a risk assessment which included identifying specific risks to pregnant women. You have a right to see a copy of this risk assessment. When you notified them of your pregnancy they should have revisited their risk assessment and considered whether any of these risks, or any new risks, could affect you. The law requires them to then immediately take action to stop you being exposed to risk. This could include either assigning you different work (on the same terms and conditions - eg same rate of pay) or suspending you on full pay if there's no way for them to remove the risks entirely. There is absolutely no legal provision for them to refuse a risk assessment until you're 12 weeks pregnant.

Regarding the letter you've received, can you check whether the letter is inviting you to a disciplinary meeting or to an investigatory meeting that might come before disciplinary proceedings? The proper process would be for them to investigate the issue, including having an investigatory meeting with you, before deciding whether to take disciplinary action. However, your employer sounds so incompetent that I wouldn't be surprised if they'd just launched straight into disciplinary action.

If the letter says that the meeting is to take disciplinary action against you then they should provide you with certain information ahead of the meeting, including:

• what the issue is (ie sickness absence)
• information that would allow you to prepare for the meeting (eg a copy of their disciplinary policy)
• what will happen at the meeting
• confirming that you have a right to be accompanied at the meeting by a trade union representative or a colleague

If they haven't provided you with that information then I would write back and ask for it before attending a meeting. Ask if a colleague can accompany you to the meeting and then ask your colleague if they can write down anything that is said during the meeting so you have a record of it.

I'd also definitely see your GP as soon as possible to ask to be signed off work after the period of self-certification has finished. And I agree that ACAS are a great source of help and advice so definitely get in touch with them.

I know it must be really stressful to have to deal with this at a time when you're already worried about your pregnancy, but rest assured you are absolutely doing the right thing and your employers are the ones behaving badly in this situation. Good luck with everything!

I know what's happening. The know they could sue them for being responsible for your health issue, and are aiming for a kangaroo dismissal to avoid taking the rap. Stop them! Great advice above.

If you refuse to attend and write dismissing it is a scandal that they won't be able to afford I think. Keep comms with them to a minimum until you have really understood your options. Well done for seeking support.

(When I say I know..I mean I think.. Or 'a possibility could be' of course)

This is completely illegal. Even IF the laundry was your full time job, the employer LEGALLY has to make other arrangements for you if it cannot be safely carried out whilst pregnant. I would contact your HR department and also threaten them with legal action. They will soon get themselves in line.