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 😞

I’m never said it was. Please re read my original post and educate yourself on the reason I posted it. Thanks.

Please contact pregnant and screwed for advice. You will get lots of 'advice' here that is just randomers saying what they think should happen.

It’s relevant because she’s now in a protected period so as long as they know about her pregnancy

Thank you, I approached these people and asked them and they were under the same illusion as me, that you didn’t have to declare it to them. The contract is very cryptic and doesn’t actually make much sense! Which I al
going to mention to them. I have every intention of holding my hands up and admitting I’m wrong. I’m not trying to say I’m right. I’m trying to say others are doing it and haven’t been disciplined and they post of social media about their side businesses and advertise it in the canteen.

My point is that if it's in your contract, you de facto did know. Employers have to assume that employees will have read their contracts. So not knowing isn't going to work as a defence. I'd be very careful about bringing colleagues into this, as well. If 20 people speed at a certain place on a day there's no speed camera there, and when you do it there is one, you're no less guilty of speeding because the others weren't caught (slightly weak analogy but ykwim).

How do. U no second jobs are not declared hzve you seen the records of every employee or are you just assuming are you sure this manager is out to get you over pregnancy or are you assuming this while trying to strengthen playing the pregnancy card

This ⬆️

If your tax code has changed due to other work you are doing then you must be getting quite a bit more. Usually your tax code is for your main job then you pay basic rate on the other job. So your employer naturally became suspicious when your tax code changed and wonders what work you are doing, when you are doing it, and if it makes a difference to your actual job. I'm ex public sector and we had to advise any other work carried out, no matter what it was. One colleague played in a band every so often and that had to be approved, nothing at all like his day to day job.
Lastly, this is why reading your contract is so important. Lots of things might be missed by skimming it.

My point is, this work doesn’t affect main job. I have a contract and can prove this. My other point is, other people are doing things after work, advertising on social media and haven’t been disciplined so why me?! I intend on holding my hands up, apologising and will remove myself off my partners payroll with immediate effect.

They can’t treat you differently to other employees. Anyone else being disciplined for having a second job?
You need to start gathering evidence. This potentially could be discrimination.

My tax code has changed to indicate a second job, not because I’ve gone over any threshold. I am still paying a BR rate of tax because I literally don’t earn enough.

This is even worse, so your partner is making you work extra hours on Sunday for his business so that the money can be used to buy things for the baby?
So you are funding these purchases not the both of you?

Finally someone said it!

No they aren’t and this is my point! They’re running full side businesses. IE persona training, rugby league refereeing etc. I’m just doing a bit of invoicing for a couple of hours a week!

No, he isnt making me do anything. I choose to do it. He literally pays for everything. It was more for me to earn extra money because I earn so little and I feel like I’m contributing more now.

So it's the letter that has changed, not the actual number IYSWIM?

Problem is, what other people are doing doesn't mitigate your own breach of contract.

Given that you signed your contract the law assumes (rightly so) that you've read and accepted the terms.

Telling them others are doing it may trigger an internal audit of employees by HR but it won't stop the process against you.

Whether they go for dismissal on breach of contract or a first written warning, they have employment law on their side and your pregnancy is not a defence against that.

Just explain the situation and hope for the written warning.

Yes and I think that’s what has flagged it them. It indicates a second job.

Any sniff of being treated differently whilst pregnant is taken seriously by an employment tribunal. I’d be speaking to a solicitor if I were you.

Have u checked 4ecords or got evidence to bzck your claims or just throwing people under the bus to strengthen your case

How is complaining about discrimination whilst pregnant throwing people under the bus!
for gods sake people this type of discrimination has been going on for ever!

I won’t be throwing anyone under the bus. I’m not that type of person! These people are my
friends. I’m just saying it as a point.

I would also speak to a solicitor. I think you will have to bring the other employees into it. There's no argument over the fact you're supposed to inform your employer if you are doing other work. But if you're the only one being disciplined for it and given you're pregnant then that would be discrimination.

OP, I think they are behaving disgracefully.

What you do on your Sunday afternoon has nothing to do with them!

This whole second job thing is - purely in my opinion - a remnant of a bygone era. Loads of people have side hustles these days.

I would speak to a specialist employment lawyer, or a union if you are part of one.

Not necessarily. They have a clear case of breach of contract on the part of the employee. They have evidence to support their case and it sounds like they're following the HR process. Would be easy for a company lawyer to defend.

To claim pregnancy as a source of discrimination she'd have to be squeaky clean which unfortunately she's not.