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Original poster

Disciplinary whilst pregnant

390 replies

EJT91 · 30/10/2024 06:28

HELP!!

I received and email yesterday inviting me to a disciplinary hearing for gross misconduct. The letter states they have received an allegation (?!) that I am working for another company whilst contracted to them. There was no evidence attached for what was found in the investigation and the letter also states that if the allegations are upheld then I will receive a warning. It might be worth noting that I am 25 weeks pregnant. I haven’t slept a wink worrying about this or eaten. The only thing I can think is that my tax code has changed. My partner has innocently
put me on the payroll for his company to start transferring money to me to help while I am on maternity leave. This has changed my tax code. I do the invoicing on a Sunday afternoon after he leaves for work and it has absolutely no affect on my contracted job and is a completely separate role and industry to the one I am employed to do by them. I feel like this particular director has been gunning for me since I announced my
pregnancy. I am the first female in my role to have a baby and she hates the fact I am no longer able to fulfil my entire role, due to health and safety reasons as set out by occupational health. so it feels
like this is very much a targeted attack on me. I didn’t let them know about my extra income as it’s just a couple of hours a week, outside my working hours, so I didn’t realise I needed to advise them. I’m obviously going to apologise and explain I wasn’t aware etc, but has anyone got any advice? I feel sick to my stomach. I’ve never been in trouble with work before and have an excellent record. I’m barely off sick, even through pregnancy. I’m going to ask for evidence to be sent over to me today so I can prepare my case. I have a work contract for my “side role” which states my working hours and also the day I’m
contracted to work, so they will see it doesn’t clash with my main role. Any advice for going in for this would be great. I have major anxiety and as I’ve said, I’ve not really slept all night worrying they will sack me and I won’t get my maternity pay 😞

OP posts:
Scalloplight · 30/10/2024 06:32

What does your contract say about second jobs?

what does your disciplinary procedure say are the steps towards a disciplinary? Should there be an informal convo, then investigation for example?

I’d check both of these. You can also call ACAS for advice.

hope you’re ok.

Laptoppie · 30/10/2024 06:33

What does your contract say? Some do stipulate you need to inform your employer if you have a second job- you can't really contest that you don't have a second job because you do! You're better off providing them the hours of the other job and the nature of the work, as the hours of both don't breach 48 hrs a week by the sound of it and presumably there's no conflict of interest hopefully be all good. Definitely be honest though. If it isn't mentioned in your employment contract then it's not illegal or whatever to have two jobs, I'd recommend reaching out for advice or support from the union/ACAS.

Soontobe60 · 30/10/2024 06:37

If they’ve followed procedures that are written into policy about second jobs, then you’ve done yourself no favours. You need to scrutinise what such policies actually say.

SweetBobby · 30/10/2024 06:37

You're trying to downplay it but the fact is that you are employed by someone else and if your contract states that this isn't allowed or needs to be discussed, then you are violating that.

Mummyofthewildones · 30/10/2024 06:37

If you're working during maternity leave you will lose you statutory maternity pay, something to bear in mind!

pavementgerms · 30/10/2024 06:38

What's the relevance of you being pregnant - do you think they shouldn't do this because you're going to have a baby?

DancefloorAcrobatics · 30/10/2024 06:42

What does your contact say? Also, it dependson your working pattern and job role (not asking directly). In some industries rest periods are implemented as a means of safe practice.

Withtheday · 30/10/2024 06:44

Your partner wanting to help you with extra income on maternity is not very convincing reason for your second job. . He is your partner, and presumably the father of your child. He should be helping you financially at this time, without you having to work for him. if what you said there is true, you have problems in your relationship.

You have a second job, you have to see how this fits with your contract, get proper legal advice, hope you are in a union as they will help. There is a small charity callled Maternity Action or something, I can’t quite remember the name. They have a helpline staffed by solicitors. I used them 12 years ago so hopefully they still exist.

Edingril · 30/10/2024 06:46

So if your partners business is paying you then I don't see how that is 'legal' from that business viewpoint if it not a wage to you

I don't mean illegal as such but not within the financial rules, hopefully someone knows what I mean

Withtheday · 30/10/2024 06:47

pavementgerms · 30/10/2024 06:38

What's the relevance of you being pregnant - do you think they shouldn't do this because you're going to have a baby?

OP answers this quite clearly in the OP. She suspects they are looking for a reason to get rid of her because she is pg.

The question is, depending of the details, whether they have a genuine solid reason for their action, or whether this is discrimination/harrassment.

Loopytiles · 30/10/2024 06:52

Look up the employment contract and your organisation’s policy on second jobs and if you have breached it, explain, apologise and address it. Also look up implications for your maternity pay of this pay from your partner’s company.

Silvertulips · 30/10/2024 06:52

What's the relevance of you being pregnant - do you think they shouldn't do this because you're going to have a baby?

because her boss doesn’t like the fact she’s pregnant
they are looking for reasons not to pay maternity pay
or looking for a reason for o sack her
because the stress isn’t good for the baby
Because she wants paid work she can do on maternity leave and get her stamp

Original poster
EJT91 · 30/10/2024 06:53

Thanks all for your comments good and bad. I hadn’t realised until now that it states in my contract I need to let them know. As I said in my post, I will apologise and hold my hands up so don’t feel I am down playing it at all. The payments were to be a bit of a savings account and would stop when I go on maternity so I’m not in breach of anything. Thanks for the judgement but my relationship is just fine 👍🏻 the relevance of my pregnancy is that the director has tried incessantly to try and catch me out with other things without reading maternity / pregnancy legislation first. My argument with her taking this to a disciplinary hearing is that there are multiple people all working second jobs / running side businesses within the company, none have declared it (I’ve checked) and none have been disciplined in the way I’m going to be. I just feel it’s unfair. She also hasn’t submitted any evidence for this, which as set out by ACAS she is required to. The director in question has also made a comment about not wanting me to keep my company car, which I am entitled to as the car was for me to use for work (and personal) to do customer visits which I obviously won’t be doing whilst on maternity.

OP posts:
NeverAloneNeverAgain · 30/10/2024 06:54

Pregnancy isn't actually relevant in the process, although the additional stress won't be great for you when it can already feel like a vulnerable time. Maybe post in work section too?

Check your contract as priority. Many have clauses in that additional work needs to be agreed by main job. Are you in a union? If so contact them and ask for someone to come with you and talk to ACAS.

Might be worth reviewing the policy on disciplinaries as there will be processes and timescales to follow and that should give you an idea on what to expect.

BarbaraHoward · 30/10/2024 06:55

It's beside the point but why on earth are you having to work for your partner's financial support during maternity leave? That should be unconditional.

Original poster
EJT91 · 30/10/2024 06:56

Silvertulips · 30/10/2024 06:52

What's the relevance of you being pregnant - do you think they shouldn't do this because you're going to have a baby?

because her boss doesn’t like the fact she’s pregnant
they are looking for reasons not to pay maternity pay
or looking for a reason for o sack her
because the stress isn’t good for the baby
Because she wants paid work she can do on maternity leave and get her stamp

Thank you so much for this! I never “play the pregnancy card” and have turned up to my job even when I’ve felt totally rubbish, because I hate to let people down, especially clients and it feels like now I need a bit of support they’re penalising me for something I genuinely didn’t know was a rule!

OP posts:
Original poster
EJT91 · 30/10/2024 06:59

BarbaraHoward · 30/10/2024 06:55

It's beside the point but why on earth are you having to work for your partner's financial support during maternity leave? That should be unconditional.

Hi, I’m not. It was merely a savings account for us both to help with buying things for the baby, I was doing his invoicing anyway to help him out and his accountant suggested I should be paid a small amount for it. He will support me completely while I maternity. I made the choice to put that money to one side for myself.

OP posts:
TheLittleOldWomanWhoShrinks · 30/10/2024 06:59

If it's in your contract, you did know, as the (reasonable) assumption is that you've read your contract.

Other than that, what BarbaraHoward said. Or is it that you're being 'paid' well above market rates for these couple of hours and your dp is doing it like this for some kind of non-orthodox tax reason (e.g. treating it as a business expense)?

Fleur405 · 30/10/2024 07:00

I think the key question here is whether your role with your partner in any way affects your employer. It’s one thing to work for a competitor or do a second role which means you can’t fulfil your first (say you worked night shifts and then we’re too tired to do your day job). Doesn’t sound like that’s the case so even if you technically breached the policy doesn’t sound like it would be reasonable for them to dismiss you for it. I’m not an employment lawyer though!

TheLittleOldWomanWhoShrinks · 30/10/2024 07:00

X posts with you, OP.

SweetBobby · 30/10/2024 07:02

It's pretty obvious that you're being paid by your partner's company as a way to avoid tax. That's not the same as your colleague selling a few wax melts on Facebook.

momsarentquitters · 30/10/2024 07:03

Im surprised it's not obvious to people replying why the partner is doing it??

The partner is doing this as it's a tax fiddle - wages are tax deductible versus just putting some savings aside which are not so his business benefits financially

So by being a bit cute with tax regulations you've landed yourself in trouble with your own employer

The only thing I would do is get evidence together of all those who have second jobs etc but you'd need to be careful here since how would you know if they have notified their employer or not? Did you ask them? You may make yourself very unpopular very quickly by ratting out your colleagues

Original poster
EJT91 · 30/10/2024 07:04

TheLittleOldWomanWhoShrinks · 30/10/2024 06:59

If it's in your contract, you did know, as the (reasonable) assumption is that you've read your contract.

Other than that, what BarbaraHoward said. Or is it that you're being 'paid' well above market rates for these couple of hours and your dp is doing it like this for some kind of non-orthodox tax reason (e.g. treating it as a business expense)?

I checked after they sent me the disciplinary and I saw it there. I never thought to check before because I work Monday-Friday for my main job and was doing this for a couple of hours on a Sunday. It’s not actually a lot of money and is in line with minimum wage requirements, so no tax reason here because I’m not paid enough.

OP posts:
Hereforaglance · 30/10/2024 07:04

Pregnancy is not a feee pass to do as you please if you are in breach of your contract and by sounds of it you are then you cannot play the pregnancy card nor cry the victim read your contract and company policies on second job and if you are in breach of it tough it nothing to do with weather u r pregnant or not

user4857281 · 30/10/2024 07:04

EJT91 · 30/10/2024 06:53

Thanks all for your comments good and bad. I hadn’t realised until now that it states in my contract I need to let them know. As I said in my post, I will apologise and hold my hands up so don’t feel I am down playing it at all. The payments were to be a bit of a savings account and would stop when I go on maternity so I’m not in breach of anything. Thanks for the judgement but my relationship is just fine 👍🏻 the relevance of my pregnancy is that the director has tried incessantly to try and catch me out with other things without reading maternity / pregnancy legislation first. My argument with her taking this to a disciplinary hearing is that there are multiple people all working second jobs / running side businesses within the company, none have declared it (I’ve checked) and none have been disciplined in the way I’m going to be. I just feel it’s unfair. She also hasn’t submitted any evidence for this, which as set out by ACAS she is required to. The director in question has also made a comment about not wanting me to keep my company car, which I am entitled to as the car was for me to use for work (and personal) to do customer visits which I obviously won’t be doing whilst on maternity.

I would contact a organisation called pregnant then screwed. The clue is in the title - document as much evidence as possible on how you have been treated even if it's a diary. Document everything no matter how small.

Whilst as PP have pointed out that you have breach your contract not telling your employer. However if this is correct that many other employees are knowingly doing the same without any issue you could potentially still have a case.

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