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 😞

So just a coincidence that lots of other people in the company are in breach of their contract in the same way (according to OP) and haven’t been investigated?

Odd. You didn’t seem to be aware of it at 6:28 this morning.

Investigated for what? Their tax code changed also?

Are you new here? Every thread asking for advice is littered with wild assumptions and made up processes. The most useful info is usually the agencies people can contact for advice.

I read the contract yesterday. I stated in my OP that I received the email yesterday. Did you not think I was going to read my contract that they told me I was in breach of or?

I wonder if this is for tax purposes and he's being a bit naughty and offsetting it against something. Otherwise why on earth add you to the books.

Story definitely doesn't add up why Op partner added her as a member of staff.

The Work and Legal Matters boards are a bit better behaved.

That’s exactly what it is. It becomes a business cost and reduces his corp tax.

Strange you didn’t mention the clause when posting if you knew about it.

You’ve also been very selective about the questions you’re answering.

If your partners business is a Limited Company he should have added you as a director and paid you by dividend.

This would not impact any contract with your employer as being a director of a company is not seen as a job (as it doesn't have to entail any work at all) - you would then pay tax on your dividend through self assessment alongside your PAYE employment in the same way you would say if you were a landlord.

This approach would not impact your maternity pay or your contract of employment.

Probably would have been a good idea to read it before going on the payroll of another company.

She needs advice from an employment solicitor NOT senior HR.

Dividends don’t reduce his corporation tax liability though.

And this isn’t strictly true. I had to resign a Directorship for my current role (regulated industry). I’m still a shareholder.

I think yiu need to re frame your approach to this and play a longer game. Your original post came across very indignant and outraged whilst at the same time detailing how you've breached your contract. You have imeadatly jumped to the worst conclusion, even though you are in the wrong.

Have the meeting
Tell them what you've told here
See what happens

So far, the company hasn't yet done anything wrong. For all you know, others with second jobs have been signed off etc.

It's the next steps that will show if anyone is 'out to get you'.

And yes, this does all seem like a tax fiddle, but you won't be the first, or last wife to be added as an employee to do the 'paperwork'.

Just remember, you can't work anywhere and claim stat mat pay.

I’m normally the first to identify and assert injustice and discrimination but in your case OP I really wouldn’t go in there claiming discrimination or making allegations of unfair treatment by your boss who you believe is “gunning for you”. At least not until or unless you have some evidence of this.

This will seriously alienate your manager and escalate matters wildly - when it may be as simple as telling your employer what your other role is, reassuring them that this isn’t another full-time job somewhere, holding your hands up to having made a mistake, them giving you the obligatory warning, and you all moving-on so that you have a role to look forward to returning to after mat leave rather than 9 months of dread at returning to a hornet’s nest you’ve stirred-up with your manager.

Earning a bit of extra money before the baby comes is a sensible idea! Why do Mumsnet posters always find something nefarious about the husband even when there really isn’t anything?!

Because it’s a well-known tax fiddle as old as the hills, and most of us have lived a little and are aware of this fact.

I wonder if they will bring Occ Health in as in the OP it mentions not being able to fulfil all the normal responsibilities of the role due to being pregnant. They may want to consider the working on 6 days pw or other aspects.

I'm assuming he is a straight arrow - not on the tax fiddle!😀

OP if you feel you are being discriminated against you most probably are.

It may be better to keep your mouth shut about any potential discrimination and if they do let you go and you pursue it through an employment tribunal you can get the evidence you need via disclosure.

The thing that stands out for me is that your DH, in trying to reduce his own tax bill, has really fucked things up for you. How was the decision made that you would go on his company's payroll? Did he seek advice at that point as to how this would affect you? Never ever accept a financial decision made by your husband without seeking your own independent advice. You have shot yourself in the foot somewhat by giving your employer a 'legitimate' reason to fire you. Yes of course it is discriminatory if other people are not fired for 2nd jobs but it's going to be a tough battle to prove this. You need really good legal advice before you do anything. Are you in a trade union? They would be a good first step. Also as others have said contact ACAS.

@Notsuchafattynow OP can have SMP from her main employer and work at a 2nd job if she was employed in that job in her qualifying week (25 weeks of pregnancy). She can have 2 maternity leaves that start and end at different times too.

This!!

So many legally incorrect claims being made here. Please seek professional advice before the meeting.

Based on the OP’s updates, I don’t think it’s all that dodgy. She is actually doing work for the partner’s company and being paid NMW for it. If she didn’t do this work, he could have employed someone else to do it. If she wasn’t doing any actual work and/or got paid way above what you’d expect then that would be a different story.