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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:
OnGoldenPond · 30/10/2024 09:25

NetZeroZealot · 30/10/2024 07:29

Your husband paying you from the business to build up savings is dodgy as fuck.
He’s trying to reduce his tax bill.
He should only be paying you what he would pay an admin person to do this work.
supporting you financially while you’re on maternity leave should be done from taxed income.

OP says she is being paid minimum wage for a couple of hours work a week. Which she has actually been doing unpaid for a while. So not a tax dodge, just being paid fairly. If the accountant was recommending this as a tax dodge they really aren't very good at their job as I can't see how it is saving them as a couple any tax at all! Tax dodge would involve her being paid something like £500 per hour for clerical work so taking her DP out of the 45% tax bracket. Not this.

purplebeansprouts · 30/10/2024 09:25

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.

This.

I don't know why you didn't check this before taking on the second role

Superorangemoon · 30/10/2024 09:27

It does seem like a personal attack.

Try to relax, be strong, don’t let it affect your pregnancy.

Be honest and don’t do anything that gives this person more reasons to attack you.

Call the free employment advice. It looks like this person wants to find reasons to get rid of you.

purplebeansprouts · 30/10/2024 09:28

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’m not in breach of anything you are in breach of your contract.

I would seek advice from ACAS and pregnant then screwed as the fact others are doing the same may help you here.

Original poster
EJT91 · 30/10/2024 09:30

purplebeansprouts · 30/10/2024 09:28

I’m not in breach of anything you are in breach of your contract.

I would seek advice from ACAS and pregnant then screwed as the fact others are doing the same may help you here.

Show quote history

I meant in breach of anything for my maternity. I.e claiming maternity and then working on the side. That was never the plan.

OP posts:
ThisPlumHelper · 30/10/2024 09:31

constantly having to clarify what you mean Op
must be exhausting for colleagues

purplebeansprouts · 30/10/2024 09:32

DeepRoseFish · 30/10/2024 07:10

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

Show quote history

She can still be fired for gross misconduct

MargaretThursday · 30/10/2024 09:32

I suspect the tax fiddle is the amount the partner is paying her, takes his wage to below a threshold that means he pays less tax, or gains a benefit.
So eg if the threshold for tax was £10k, he's earning £11k, he pays her £1001. That was he gets £9999 tax free, and she gets £1001 tax free.
If he got it all he'd only get £9999 tax free and pay tax on the extra.

It's an old dodge, and I can remember similar being done when I was a child with friends being "paid", although they normally saw very little of the money. One friend got about £500 a week for "cleaning", but then parents charged her £495 "rent". She sometimes swept the floor if asked nicely.

garlictwist · 30/10/2024 09:32

I've just started working for my husband's company alongside my job and my tax code has changed. It did not occur to me I needed to tell my employer as what business is it of theirs if I have a second job outside of my working hours for them? I cannot see why this would be illegal.

purplebeansprouts · 30/10/2024 09:35

TheLittleOldWomanWhoShrinks · 30/10/2024 07:10

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).

Show quote history

Yes the argument has to be: is OP being treated differently to these other employees due to her pregnancy

sharpclawedkitten · 30/10/2024 09:36

garlictwist · 30/10/2024 09:32

I've just started working for my husband's company alongside my job and my tax code has changed. It did not occur to me I needed to tell my employer as what business is it of theirs if I have a second job outside of my working hours for them? I cannot see why this would be illegal.

Your contract probably says you can't have a second job without asking the first. Mine does. I have a couple of tiny freelance side hussles that my employer knows about and actually put in my contract to say they were ok.

Hoppinggreen · 30/10/2024 09:37

But you are doing exactly what you have been accused of and if it IS against company policy and in your contract then it may be Gross Misconduct.
Its also a tax dodge by your partner
Being Pregnant isn't a shield against everything

dementedpixie · 30/10/2024 09:39

yeaitsmeagain · 30/10/2024 08:54

You have to be very, very careful about any work you do on maternity leave, since it's so restricted. An hour in one day for your partner's company counts toward the total limited number of days you can do. Maybe they are annoyed that they're paying you and you'll have used up all the tiny capacity you're allowed to work for someone else. It does sound pretty dodgy from the outside.

Edited

You are talking nonsense
OP could work in the 2nd job without affecting maternity pay in her 1st job.
She can have 2 different maternity leaves as she was employed in both jobs in her qualifying week of pregnancy (25th week of pregnancy)

EBearhug · 30/10/2024 09:40

It did not occur to me I needed to tell my employer as what business is it of theirs if I have a second job outside of my working hours for them?

Depends on the job. My current IT role includes being on-call as part of a rota and out of hours maintenance work. A second job would impact on my ability to do out of hours work. My contract forbids second jobs. Mind you, my previous job had on-call and out of hours work, and that allowed second jobs with permission, so it also depends on the employer.

However, in my student days, I regularly juggled three jobs at once over the summer - a lot will depend on the requirements of the job. While it might not be unreasonable to have two jobs, say cleaning an office and a pub, if you were in sales or something, there would probably be a direct conflict. So it can very much ne your employer's business.

purplebeansprouts · 30/10/2024 09:40

actually think it's her DH who has let her down here by not advising her first to check her contract for any TS and CS about second jobs. OP is perfectly capable of checking her contract under her own steam I don't see how this is her DH's issue

NetZeroZealot · 30/10/2024 09:41

OnGoldenPond · 30/10/2024 09:25

OP says she is being paid minimum wage for a couple of hours work a week. Which she has actually been doing unpaid for a while. So not a tax dodge, just being paid fairly. If the accountant was recommending this as a tax dodge they really aren't very good at their job as I can't see how it is saving them as a couple any tax at all! Tax dodge would involve her being paid something like £500 per hour for clerical work so taking her DP out of the 45% tax bracket. Not this.

Show quote history

Not if her DP is a Limited Company.
But if she is just being paid for a few hours at minimum wage I agree it shouldn't be an issue.
But it's hardly going to make much difference to the family coffers.

Gigihadid · 30/10/2024 09:43

Sorry but I just need to express a virtual eye roll at all the people not understanding the very very very common practice of a business owner adding their spouse to the payroll, and then trying to insinuate you are some abused woman. FFS.

YourAzureEagle · 30/10/2024 09:43

If you want to keep working for your DP and not be in breach of contract then you can come off his payroll, invoice for your time and declare through self assessment alongside your PAYE primary job.

There are multiple reasons people do self assessment aside from "work" ie, let property income, trust income, investment income... although your tax code would be different, your primary employer would not know what was being declared and why.

Arlanymor · 30/10/2024 09:44

Sounds like a tax dodge to me and you know it OP. You also know your own work contract because you signed it when you started. Pregnancy isn’t an issue here, you’ve played the system and been found out. Strangely enough savings can be put into things called savings accounts. Rather than a payroll.

CrazyGoatLady · 30/10/2024 09:44

garlictwist · 30/10/2024 09:32

I've just started working for my husband's company alongside my job and my tax code has changed. It did not occur to me I needed to tell my employer as what business is it of theirs if I have a second job outside of my working hours for them? I cannot see why this would be illegal.

It's not illegal per se, but it may be in your contract that you have to inform them, ask permission, they have to approve it, or that it's not allowed at all. It depends on your employer, your role, etc.

They are entitled to have restrictions on second jobs in a contract and to follow a disciplinary process if someone breaches it.

They may also have no rules about second jobs. Some employers feel very strongly about it, some don't. There may be some roles where it's permitted and some where it's not.

The number of people here who don't know what's in their contracts of employment 😶

bridgetreilly · 30/10/2024 09:44

“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 is not innocent, though it may be ignorant. If you are on the payroll, you are indeed employed by them. And if you aren’t working for them, that is fraud.

ItTook9Years · 30/10/2024 09:44

garlictwist · 30/10/2024 09:32

I've just started working for my husband's company alongside my job and my tax code has changed. It did not occur to me I needed to tell my employer as what business is it of theirs if I have a second job outside of my working hours for them? I cannot see why this would be illegal.

Working Time Directive for one and they are also allowed to protect their interests.

dementedpixie · 30/10/2024 09:46

whatthehelldowecare · 30/10/2024 09:00

If he pays you via payroll for his company you won't be entitled to your statutory maternity pay, just something to bear in mind

Why are you giving completely shit and incorrect information?

CrazyGoatLady · 30/10/2024 09:46

purplebeansprouts · 30/10/2024 09:40

actually think it's her DH who has let her down here by not advising her first to check her contract for any TS and CS about second jobs. OP is perfectly capable of checking her contract under her own steam I don't see how this is her DH's issue

Yes, I agree. But her DH as an employer should also be aware of potential issues that could arise when employing someone who already works full time somewhere else. That is a responsibility he has as a company director who employs people, regardless whether it's family or not.

ThisPlumHelper · 30/10/2024 09:47

this will be the tip of the iceberg i suspect of what’s going on
and i imagine DWP would also be interested

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