Work Tribunal....Sexual discrimination?

[oinker]

I have been a mumsnetter for a few years now and hope some one can give me some sound advice regarding the issue that I have.

Brief History...

I do a ver stressful job and have contact with the public.
I have had 5 m/c in the past two years and have undergone loads of examinations and treatment. I have been given all clear by hospital and can start TTC as soon as I feel up to it. I have been on restricted duties at work... Basically I do everything apart from interfacing with the public. I have had excellent reports from line managers etc. Job chosen doc stated I was not ready for public interfacing because of stress levels etc. Recomendation made that I return for further assessmnet in 6 mths.

Last Friday my line manager asked if i had received an email from HR regarding a meeting. I had not received anything. He checked his email called me into his ofice to discuss it.

I sat down and looked at the email. I was astounded at what I read...

HR were asking....

1. Am I actively trying to conceive?
2. When am I likely to try and conceive?
3. What is the likelehhod of success in pregnancy?

I was so shocked and upset at what I read that I just broke down in tears.

Firstly... The info they had was between me and my occupational health advisor and the appointed doctor.
What business is it of theirs.. Surely they should just accept the advice of the doctor OHA?

This email had been sent to about 10 people. Two of which I did not even knnow..

I have now put in an official complaint and have started the ball rolling.

Has anyone been through a similar thing and what outcome should I expect?

Any advice would be helpful....

It sounds as though you really need to speak to an employment solicitor. You need to have some support from someone who deals with this sort of thing all the time.

Good luck!

If the doctor was appointed by your employer they will almost certainly have had a reasonably detailed report. You will have had to sign to give permission for this and they (the doctor) should have made it clear to you that this was what you were being asked.

Even so, the questions they are asking you are outrageous so you are right to complain.

the doctor should keep everything you said to him confidential. Yes he would have done a report for HR, but it's shouldn't have gone into medical details, just given his prognisis of what work you were able to do & what adjustments needed to be made, how long it was likely to go on for etc.

I would have been outraged with those questions too.

I really recommend you see an employment solicitor. You should be able to get a free half hour with most. Sounds awful, don't let them get away with it

Oh my god - what a disgrace! That is horrendous for you.

This could be a serious case for constructive dismissal as to me it appears to be a major fundamental breach of the implied mutual trust and confidence betweeen employee and employer. They have seriously undermined the employment relationship and possibly made it untenable. This isn't a minor issue that you should just complain about - how are they going to rectify it?

Get immediate professional advice on this one, please don't delay as you may need to resign immediately and then pursue a claim. If you continue working you may not be able to bring such a robust claim.

I am not one for recommending constructive dismissal for no reason - it is not to be taken lightly. All too many people think its an automatic right (well it is in the right circumstances) but it has to be serious stuff like this.

I think if it was me I would feel unable to continue working for them namely because of the breach of confidence, the fact that they have copied in ten people on a public communication system and the blatant way in which you were approached about this. The questions are irrelevant to your employment or the ability to carry out the role. Why are they asking - I can't think of any justification for needing this highly sensitive and personal information.

In addition, you may have a claim for personal injury if your stress is exacerbated becuase of this.

Also, they have probably breached the Data Protection Act by communicating sensitive information about you to all and sundry.

Thanks for the advice ladies.

I have taken note of what you have all said. I have my meeting to discuss this matter tomorrow. I have a union rep coming with me.

I am not nervous or anything just intrigued to see what **llox excuse they are going to come up with.

Thanks again..

Cannot believe this. I had 7 mc's before my two DC and I was a wreck going through it all and I ended up having to take action against my company whilst I was pg with my first child (but your expereince much much more clear-cut than mine was). If you don't get grovelling apology, retraction and more then you should head straight for nearest solicitors.

I am always piping on about Bindman and Partners because I think they are gods when it comes to employment law. The employment team is headed by Alison Downie and I know the firm is a favourite with unions. Hope you don't have to use solicitors but here's a link bindmans just in case here

Good luck today.

Squiffy.......

Thanks.

I had my meeting today and they started apologising before I had even sat down. I must of got a total of 7 apologies. They were really squirming.

The final resolution should happen within the next 7 days. I have requested an apology from the originator of this mess. I have asked for it in person and in writing. The writen one is for my files and the other to remind this person that I am not just a stat. and actually exist and hopefully there will be some sort of remorse.

They will be made to undestand that you cannot write things like this about people.

I am pleased with the outcome so far.

If anything they now realise not to bloody mess with me and my feelings.