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Is this Pregnancy Discrimination?

15 replies

MartinezPremier1 · 05/04/2023 21:10

I am nearly 30 weeks pregnant and notified my employer at about 22weeks ( I waited until I had my MAT B1 form as I have a high risk pregnancy )

When telling my employer, their attitude has completely changed and I have been subject to a disciplinary which was unfounded.

Given the short turnaround, would you think this would be pregnancy discrimination?

OP posts:
Emmalou0607 · 05/04/2023 21:13

It could be... what is the disciplinary regarding? Has it already happened / do you have the outcome?

JustCheck · 05/04/2023 21:14

Can you give us more details about the reasons for the disciplinary?

MartinezPremier1 · 05/04/2023 21:17

@Emmalou0607 @JustCheck the allegation was insubordination, but it was concluded there was no case to answer due to the evidence.
I'd like to add, before being made aware of my pregnancy, there was no issues whatsoever between my employer and I or my work.

OP posts:
JustCheck · 05/04/2023 21:33

It could well be. At this stage I would keep all paperwork at it could form later evidence. When are you planning to go on mat leave?

MajorCarolDanvers · 05/04/2023 21:35

If there is no case to answer then it sounds like they have followed there processes correctly.

Keep a record of everything. You will be finishing up soon enough.

MartinezPremier1 · 05/04/2023 21:39

MajorCarolDanvers · 05/04/2023 21:35

If there is no case to answer then it sounds like they have followed there processes correctly.

Keep a record of everything. You will be finishing up soon enough.

It wasn't the processes I was questioning, the case itself and the timing of it was questionable, it was obvious form the start there was nothing to look into but at least it has been proven wrong now.
I have already looked at getting legal advice due to this

OP posts:
MartinezPremier1 · 05/04/2023 21:39

@JustCheck I've said from 36weeks but due to how stressful work is, I may go earlier x

OP posts:
JustCheck · 05/04/2023 21:43

I really would not get stressed. In order to make this allegation, they would have to prove that an order was given, you understood the order, it was part of your job, and you will fully chose not to carry it out. If they were unable to prove that, it’s case closed. Legally you are very well protected at the moment. In your shoes I would count down to mat leave and not upset yourself.

MartinezPremier1 · 05/04/2023 22:06

Bump

OP posts:
Foreversearch · 05/04/2023 22:34

@MartinezPremier1 not sure why you have bumped this but here goes.

Unless you drip feed a load of relevant info, you would struggle to prove this is pregnancy discrimination, particularly as they seem to have followed the process and the complaint was not upheld.

JustCheck · 05/04/2023 22:38

nothing to bump, unless you have actual evidence.

Aprilx · 06/04/2023 06:45

MartinezPremier1 · 05/04/2023 21:39

It wasn't the processes I was questioning, the case itself and the timing of it was questionable, it was obvious form the start there was nothing to look into but at least it has been proven wrong now.
I have already looked at getting legal advice due to this

Legal advice on what? Nothing has happened.

SpecialControlGroup · 06/04/2023 06:59

If you had been given a sanction for insubordination following the disciplinary where there was no evidence of you being insubordinate then maybe. But they followed the same process they would have done for anyone and it was shown to be unfounded.

I guess the question would be whether anyone else would be taken through the process for what you were accused of, and could you demonstrate that the only reason you were taken through it was because you are pregnant

GoodChat · 06/04/2023 07:02

There's no legal case to answer. Presumably steps will have been taken to deal with the person if they behaved discriminately, but it can be handled internally. You won't get anywhere with any kind of legal action and you'll just burn bridges.

TruffleWaffle · 06/04/2023 07:36

Nope.

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