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pregnancy-related illness in disabled people: how much protection exists against discrimination?

6 replies

UselessEmployee · 25/01/2011 16:08

Essentially, my question is as follows: if a woman with a disability known to cause gestational complications gets pregnant, is she still protected by the equalities legislation which protects women against discrimination on the grounds of pregnancy-related illness? Or is it simply her fault for knowingly entering into a pregnancy which would inevitably make her very ill?

I've posted the backstory to this in various threads on the employment board. In a nutshell, I'm told at an appraisal meeting that if I take any more time off sick or request any further maternity leave, I'll lose my job. Some wonderful MNers point out that given that all of my absences from work have been due to declared disability, this is discrimination and illegal. With the help of a union rep and solicitor, I submit a formal complaint of discrimination - and, to my astonishment, win. However, I'm left with the impression that, because I have got several of the middle managers into a great deal of trouble, they are searching for any evidence they can produce to find a legal way to sack me.

And then, I realise that my period is a few weeks late.

Fast forward to 23 weeks, and I'm extremely unwell, with the illness is related both to my pregnancy and my pre-existing disability.

My GP and consultant are both offering to sign me off sick until the 29 weeks at which I can begin maternity leave. However, I'm scared that if I try to take any more sick leave work will sack me on the grounds that I knew pregnancy would make me this ill and therefore am not entitled to protection against pregnancy-related illness.

If they were to do so, would employment law allow them to get away with this?

OP posts:
Careful · 25/01/2011 19:31

God, no. You are doubly protected against discrimination as someone who is disabled and as a pregnant woman. They wouldn't have a leg to stand on.

BlackSwan · 29/01/2011 14:30

Aren't they a bunch of bastards. Take the time off sick, given you are sick and then take your maternity leave. They should be ashamed of themselves.

Best of luck with your pregnancy.

indigobarbie · 29/01/2011 23:36

I wish you every ounce of health and happiness in your pregnancy and I do hope you feel better and don't have to deal with these idiots for much longer. & exactly what BlackSwan said.
I really feel so strongly about this that even though I don't have an educated answer for you, I'd like to send you some hugs through the ethers of the web and support from a distance.

flowery · 30/01/2011 08:37

No they couldn't get away with it. They can't sack you for pg-related sickness regardless of whether you thought you might suffer from it - you are not expected to refrain from pregnancy if it will make you ill. Similarly they can't sack you for disability-related sickness either.

Seriously, if you are both pregnant and disabled they'd have to be pretty suicidal to try and sack you.

LoveBeingADaddysGirl · 30/01/2011 08:44

So they have basically told you that you are not allowed to have children or they will sack you? Idiots. If you need the time off then take it. I am amazed at some of things people are told bybthere employers.

UselessEmployee · 30/01/2011 16:57

I'm sorry it has taken me so long to get back to this thread. But thank you all so much. I feel now immensely reassured! And heartened that others share my perception that they could have dealt with this more kindly, to say the least.

I don't want to take sick leave simply because I now know that I can get away with it. But still, it'll be easier to manage at work knowing that I can take time off sick like anyone else if I need to.

Thanks.

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