Disciplinary whilst pregnant

[EJT91]

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 😞

They’d have to prove that and OP needs to start collecting evidence to suggest otherwise.

OP, have you asked for this thread to be moved yet?

This is outrageous.

Speak to ACAS and PTS, definitely. Also, do you have legal cover with your home insurance? They might be able to take a look at your employment contract.

Firstly, https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-2-following-a-fair-procedure this states that they need to tell you "in writing and should include: sufficient information about the alleged misconduct or poor performance; and possible consequences, for example a written warning."

It doesn't sound like they've given you any reason for the alleged GM, so I would first of all be responding formally, copying in HR and any senior management, stating "In order for me to be able to be prepared for such a meeting, you are required to provide sufficient information about the alleged misconduct. Please provide this as a matter of urgency."

Ultimately I would attend the meeting, but be prepared.

• What does your employee handbook or contract say about gross misconduct? Ours, for example, says "...any behaviour or negligence resulting in a fundamental breach of contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment relationship will constitute gross misconduct." We do list examples in our handbook, one of which is "undertaking private work on the premises and/or in working hours without express permission." (I know you do neither)
• Explain that your second "employment" is helping your husband with his invoicing on a Sunday and has no connection to or impact on your ability to work in your role with them. Explain that it is an entirely different line of work, not in any form of competition with their business.
• Have examples (as you've said, not mentioning any names specifically) of other people that have taken on other work without informing them.
• Make sure you mention, when referring to others not having permission and appearing to not be subject to the same disciplinary procedures, that you can only assume that your different treatment is as a direct result of you being the only one pregnant, which, you might remind them, is a protected characteristic.

If you can, I would suggest taking someone with you for a bit of moral support.

Depending on how big your organisation is, I'd be interested to know how it has come to your manager's attention.

I am a director of a small firm and we run our payroll in house. I can honestly say I wouldn't know if someone had their tax code changed as I don't look at the payroll in that level of detail. How is your manager getting access to that level of information about your payslip??

As pp posters have said lots of jobs have a policy about second jobs. Sometimes it will say that a second job has to be approved and often there's a form you have to fill in which gives details of the second job. So check your HR policies. If there is a form you could fill that in, take it with you and say you were unaware but now you are and will follow the procedure. Also check the disciplinary policy. Usually the first stage is informal so an attempt to resolve matters informally. It's only after that stage that things become more formal. So being asked to go to a formal meeting sounds a bit strange. They have to give you adequate notice of a disciplinary meeting and should have told you that you can be accompanied. I think your partner's desire to "pay" you may have backfired slightly but I'm sure it can be sorted out. Someone else mentioned pregnant and screwed. They are supposed to be very good.

If she did before she left on Friday then it's clear she knew exactly the issue when she got the letter, because otherwise why would she ask if she thought it was ok

Breach of contract would be an immediate gross misconduct meeting where I work, potentially dismissal, so that’s not untoward.

OP I know you say you don’t want to mention colleagues but unless you do & have evidence, you have no case for discrimination.

Agreed she seems the type to name drop to save her own skin if that doesn't work she be playing the pregnancy/victim card i feel for her employer and colleagues

The relevance is that pregnant women are at risk of losing their jobs so that the company doesn't have to make reasonable adjustments, pay for maternity leave or keep their job open. Women are vulnerable when pregnant.

You have broken your contract, for which yiu may receive a warning... but that should be all.. ask ACAS for advice as to whether they can prevent you from having this secind job, whether you can present evidence that they ignore other people in the same position therefore the warning is unfair and also ask them if it is worth also presenting the other discrimination evidence at this meeting.

Pregnancy discrimination: have a seperate discussion about this, either with Pregnant them Skrewed or ACAS or both... you might want to bring a grievance if you can see a possible resolution.

Being paid to do your partner's invoicing: of course you should not do this without being paid. It is a common scenario for self employed people who's partners help. It is also a common way of reducing the amount of tax paid by the company and your partner, overall.

The company has profits of £100k.. pays your partner £50k (up to 20% tax band) and is taxed on the £50k profit.. if you receive £10K.. tax is only on £40k. What matters is how much tax is paid.. and will depend if your marginal tax rate is lower.. which is likely given what you have explained.

Where you have 2 jobs, you decide which job uses your tax free allowance - £12.6k ... you can not claim it twice. If you earn enough in your first job to use up the £12.6k, you will be taxed in your second job at 20% unless your total earnings are above £50k in which case, some will be taxed at 45%.

You should have your partners accountant explain this to you as it affects your tax as well as your net pay.

Also worth noting that your partner could pay for your expenses while on maternity leave, out of his taxed pay, or he could pay you now, at a lower tax rate, reducing his overall taxes.. and save himself money overall.. it is a smart tax move.. but you do need to understand the impact on your taxes and also see this as a joint family decision from a company you both work for... it is not soley generosity on his part.. even if it makes financial sense.

I am really not sure what being pregnant has to do with all of this. You have a second job which is in breach of your contract. And then to make matters worse your partner is paying you and you say its things for the baby (as though it makes it all OK).

Honestly as others say - apologise and stop the second job. Dont try and insist its all OK and they are picking on you because you are expecting. If you look on this objectively and take the personalities out - this looks dodgy and in a tribunal it will look even worse. For me what has stood out is the you claim not to know about a second job rule and try and justify it by saying its things for the baby and you dont get paid very much anyway.

If the OP is being treated unfairly compared to other colleagues who are also working second jobs that haven’t been declared officially but that the company know about, and she has a protected characteristic (being pregnant) it could be viewed as discrimination. That is the law.

Ignore the aggressive and unpleasant posters @EJT91 - you don’t need any extra stress. Mumsnet seems to have a pack of members who particularly enjoying kicking pregnant women.

I strongly recommend you take some of the useful advice here. From what you have said you are being treated differently from others (who also have second jobs). Get advice from pregnant then screwed, and acas. Prep all the information. If you have evidence that you are being treated differently then you may have a tribunal case, but hopefully it won’t come to that.

Thank you so much 🥹 yes, I didn’t expect the battering I was going to get! I’ve spoke to ACAS who have informed me there is nothing in employment law that states I can’t get a second job, so my contract isn’t worth a dime. They said under employment legislation, everyone has a right to earn a living! I’ve asked for the evidence against me, and they have replied and said I will have it by midday. ACAS also said they shouldn’t have conducted an investigation without my knowledge as I should have been invited to attend, so I have that in my back pocket. They also said the fact they’ve escalated it straight to a director to head the meeting up is a red flag and it should have been my line manager that dealt with it initially, but he wasn’t even made aware.

I’ve spoke to ACAS who have informed me there is nothing in employment law that states I can’t get a second job, so my contract isn’t worth a dime. They said under employment legislation, everyone has a right to earn a living!

Oh dear.

I’m the only female in my role. Apologies, I didn’t cater that comment to the petty.

I know two people who do this. They are SAHMs but apparently their husbands' secretaries (they don't do anything) to get free nursery hours.

Get a good union rep!!!?

That doesn’t seem right, if you take this to tribunal then any judge will apply the contract you voluntarily agreed to. The fact there is no law, is irrelevant, it would only be relevant if your contract broke the law, the fact the law is silent on this does not void your contract.

and you need to show that others have second jobs, and importantly did not declare either, that the company knew, and did nothing. Can you do this?

I think you should also check their disciplinary procedures and ensure they are following them. If they are going straight to a hearing for gross misconduct without an investigation, it sounds as though they may be in breach of their own procedures.

Don't attend any disciplinary meeting without someone with you, preferably a union rep.

She’d have to be in a union and as she hasn’t mentioned this, it’s rather likely she isn’t.

Will you be eligible for “maternity pay” from both employers? Or will you continue doing accounts after birth?

Advice - stay clear of words like “innocently” and “merely” and “making a savings account”., their contract is cryptic …These statements make you sound dodgy. Why would anyone sign a cryptic document they don’t understand? Dont admit this.

One of the reasons they require you to tell them about other job to prevent conflicts of interest.

1. Approach meeting professionally, explain that you are doing accounts for X hours on a Sunday.
2. At disciplinary- Have a letter stating other job in writing, when you started, nature of business and number of hours and what days.

They are not victimizing you - more likely treating you like anyone else not advising of a second job.

RTFT then.

The OP and others have explained, repeatedly, why the pregnancy is relevant to the situation.

You do realise thousands of women lose their jobs every year because of maternity discrimination of some form?

What a lovely message, thank you so much! Whatever happened to female solidarity?! I’ve had some good advice off acas, who have told me to document everything going forward, which I will. I feel so stressed!

Is it definitely about a second job?

Presumably the same as being aware of the terms of your employment contract and having personal responsibility in your activities.

(You’d be straight after them if they breached the contract.)

It’s nothing to do with being female!