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 😞

When my husband worked he was told by his boss that work contracts have not worth the paper they are written on as they can be read what ever way someone wants to read them

That’s 20 years of my career wasted then.

of course they’re worth the paper they’re written on, FFS.

Additionally, company might have already set a precedent with other employees before you who have worked second job without notifying employer.
They might in fact be being very fair, treating you exactly as they have treated men.
And not discriminating at all.

I just wanted to say it sounds as though you and your husband are a great partnership. Many small businesses take lots of work and require family to chip in and help. It’s great the business can now afford to pay you.

It seems ridiculous to consider that a conflict and it does sound as though you are being unfairly targeted. Plus a lack of due process. A simple conversation between you and your line manager could have cleared it all up. Good luck!

The couple is trying to get a tax deduction via their business by claiming the child expenses as "work expenses" because OP "helps with invoicing" as suggested by their accountant. For that I have not much sympathy with the disciplinary actions.

Please let us know how you get on

What?

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.

This is absolutely, unequivocally not true. Either you are lying about what ACAS have told you or you have misunderstood what they said. Because they did not tell you this.

To single a pregnant woman out, over a very minor breach of a contract clause that had no bearing on her main job when other non pregnant people have not been. It is sex discrimination in my opinion.

I agree. Some contracts don't allow you to work for another employer.

They might have said there is nothing in employment law, because there isn’t, but it’s a common contract/company rule which is enforceable, as set out elsewhere on this thread. And that’s what OP is bound by.

You don’t know that they’ve singled her out.

Disciplinaries are confidential. So how would OP know others hadn’t requested permission/informed the employer or been disciplined for not doing so, or even that the employer knows about the second jobs?

Contact pregnant and screwed organisation

Sounds like the manager is going after you - but she's following a dodgy path by pursuing a pregant employee.
Get straight onto "Pregnant and Screwed" - (see Call the Pregnant Then Screwed Helpline on 0161 2229879. This line is staffed by specially trained HR advisors – not solicitors). and they will advise you exactly about what you need to do. Do it ASAP before you respond, go to a meeting or have any further dialogue with your manager. Your policy may well say that you have to report any additional employment but if there's no conflict of interest, they will really struggle to make a case here - especially as you're pregnant so they'd better have a good case or they will end up in hot water if you reciprocate with a grievance.

....Now there's a thought..... 😈

🤦🏻‍♀️

And whilst that might be the case you are ignoring the fact that many partners , often wives, end up doing admin for their partner’s small businesses. They most often do this for zero pay because they are doing it for the family and don’t even think they need paying. If they split they have no equity in the business for the work they have done and get shafted more often than not.

Hmm, yeah that’s a little simplistic, often they benefit from the money coming into the house. You really do have to present the wider pic as I don’t think anyone reading that will think often women do that and also pay at least half the bills.

Actually I'd take advice on this, I was told I could work a second job on mat leave (with permission). This is relevant to me as we subcontract outstanding work to ourselves, legally via a 3rd party (ridiculous but we do) instead if overtime.

I wasn't on mat leave from the second job so I was allowed to work.

Ahh ok. I know I can work right up until the baby is born whilst still claiming SMP but after she’s here I’d have to stop. I’d rather stop than get into trouble!

Thank you. I did it for nothing for over a year while he got his business off the ground. It blows my mind that people think I shouldn’t be paid for work I legitimately do! You wouldn’t go into a full time job and say it’s ok don’t pay me this month 😂 I do the work and he’s happy to pay me. I give up my Sunday afternoon to do it so I can spend more time with him on other days.

Yeah but dividends can't be deducted as an expense and she'd have to do a self-assessment on dividends annually. Anything he pays her as PAYE is classed as an expense and he can deduct from his overall profits to calculate the corporation tax due. This is exactly what they're doing.

I own a business and it's bloody obvious.

Yeah so basically if you had a stay at home partner with no job, you could pay her 1k a month (ish) whilst staying under the tax and NI contribution threshold.

This would be a deductible expense and reduce annual profits by £12k when calculating corporation tax bill.

You could do it with your partner even if they had a full time job, but this would have tax implications for them and create complications like the OP is having with work.

In terms of pregnancy discrimination, those claiming this have very little understanding of how HR or indeed companies in general work.

The OP's boss didn't "single her out" or pursue her for this. The OP is in this situation because a tax code change was communicated to her employer by HMRC, which triggered an automatic investigation/disciplinary. There is no possible route whereby this came from the OP's boss - HMRC don't send tax code changes to people's line managers, they send them to HR for the company.

As for why others may not have been automatically investigated/disciplined in this way, I am assuming this is because their side gigs are cash in hand, and not registered with HMRC, and so HMRC did not send a tax code change to the employer to trigger this.

All the OP could do by claiming discrimination is to receive her own (legitimate) written warning and then make sure that every one of her friends and colleagues is also investigated and similarly disciplined. How to lose friends and alienate people.

NI threshold is about £9k, isn’t it?

Ask for this to be moved to legal, you will probably get better advice.