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Pregnant, off sick, my rights??

97 replies

Londonaries · 12/09/2024 13:56

I have been off sick for 8 months. I am pregnant (due March 2025) and still off work with ‘’pregnancy related anxiety’’. (Speech notes to distinguish the official reason for readers).

My employer (they know my pregnancy status) has asked me to see their GP for an occupational health review due to the length and nature of my absence. I am currently staying with family which is helping my recovery 100 away from the city the office is based in.

They initially asked me to have an occupational health appointment at a place of my comfort and convenience but are now insisting I see a GP near the office (100 miles from where I am staying with my family) and they said they will not pay travel expenses (I am currently on zero sick pay).

If I do not attend they said they may start a disciplinary process based on not undertaking a reasonable request from employer or unable to work.

This seems a little pushy and I’m not sure on my rights. I am happy to go to their GP if that’s what they want, they are being very specific about seeing this GP I am currently not near, I feel they should cover my expenses.

Anybody have experience of this or know what rights I have?

OP posts:
Hoppinggreen · 13/09/2024 09:33

KerryBlues · 13/09/2024 09:23

They can certainly terminate her contract if she proves unable to do the job.
Inability to actually do the job for whatever reason is a valid reason to dismiss.

Of course they can if they follow proper procedure but if her job exists she cannot be made redundant as someone suggested

KerryBlues · 13/09/2024 09:34

Hoppinggreen · 13/09/2024 09:33

Of course they can if they follow proper procedure but if her job exists she cannot be made redundant as someone suggested

Oh, right. Of course.

MalbecandToast · 16/09/2024 08:17

Hoppinggreen · 13/09/2024 09:33

Of course they can if they follow proper procedure but if her job exists she cannot be made redundant as someone suggested

It wouldn't need to be redundancy, it would be dismissal due to her inability to provide "regular and effective service". All very standard. A pay award, usually a weeks pay for each year of service can be offered as part of the termination of contract. All completely legal and above board.

Londonaries · 16/09/2024 15:49

Startingagainandagain · 12/09/2024 18:40

I don't understand why they expect you to see the GP face to face.

I would reply that you are very happy to speak to occupation health but that it will have to be done remotely as you are unable to travel at the moment due to your health issues.

I had my occupational health appointment done remotely.

If you are too sick to work, it would be understandable that you are too sick to travel too.

I think they should have involved occupational heath much earlier in the process.

I know.
I accepted to see OH at at a convenient place I.e home which is what they first suggested and they took 3 weeks to come to be and say that their usual OH provider is unable to help and they requested me to go to their regular GP.
I asked for a video appointment and they said due to the length and nature of the absence a face to face appointment will better enable them to understand my situation/health/adjustments etc.

To answer another question I saw : have been with the employer a very long time. Much longer than 2 years.

I think they either want me back soon or they want to fill my role.

OP posts:
DolyKat · 16/09/2024 15:54

You don't need to attend an OH appointment and you can provide a medical certificate to say you are too unwell to travel to it.

However you need to be aware managers and HR can then make decisions about the length of your sickness absence without being in receipt of an OH assessment and recommendations

distractmeagain · 16/09/2024 15:59

i think you are taking the piss.. you have chosen to move 100 miles away 'for your recovery' your employers did not ask you to move.

i think you are hoping 'pregnancy' will now protect you from any attendance procedures and policies.

i'd be curious to know if you are receiving any company sick pay?

Happii · 16/09/2024 16:01

They probably just have an agreement with that specific GP surgery, occ health assessments for work purposes aren't free (the NHS contract doesn't cover them and so reasonable GPs don't wish to work for free).

It's in your interest to go at this point, I'd go and be honest and see what they say.

Londonaries · 16/09/2024 16:31

Happii · 16/09/2024 16:01

They probably just have an agreement with that specific GP surgery, occ health assessments for work purposes aren't free (the NHS contract doesn't cover them and so reasonable GPs don't wish to work for free).

It's in your interest to go at this point, I'd go and be honest and see what they say.

Yes I will go to OH, I also agreed previously but they couldn’t arrange it for whatever reason.

OP posts:
HamSad · 16/09/2024 17:44

"I think they either want me back soon or they want to fill my role."

Which is understandable - they have a business to run.

ThatsNotMyTeen · 16/09/2024 17:47

distractmeagain · 16/09/2024 15:59

i think you are taking the piss.. you have chosen to move 100 miles away 'for your recovery' your employers did not ask you to move.

i think you are hoping 'pregnancy' will now protect you from any attendance procedures and policies.

i'd be curious to know if you are receiving any company sick pay?

Which it will if her sickness is pregnancy related…

OP I agree with those who have said it’s not unreasonable to attend the appointment if you are able and it can’t be done remotely.

Hope you feel better soon

KerryBlues · 16/09/2024 18:06

ThatsNotMyTeen · 16/09/2024 17:47

Which it will if her sickness is pregnancy related…

OP I agree with those who have said it’s not unreasonable to attend the appointment if you are able and it can’t be done remotely.

Hope you feel better soon

She’s not sick, she’s signed off with anxiety - which predates the pregnancy.
It’d be very hard to argue it’s pregnancy induced.

ThatsNotMyTeen · 16/09/2024 18:58

Her anxiety may have predated the pregnancy, but she says in her first post she is now off with “pregnancy related anxiety”.

Assuming her own GP has certified that as the reason for her absence, it is going to be difficult for the employer to contend it’s not pregnancy related

KerryBlues · 16/09/2024 19:01

ThatsNotMyTeen · 16/09/2024 18:58

Her anxiety may have predated the pregnancy, but she says in her first post she is now off with “pregnancy related anxiety”.

Assuming her own GP has certified that as the reason for her absence, it is going to be difficult for the employer to contend it’s not pregnancy related

I very much doubt that her gp has certified this, as she was already signed off before she got pregnant.

SheilaFentiman · 16/09/2024 19:08

Londonaries · 16/09/2024 16:31

Yes I will go to OH, I also agreed previously but they couldn’t arrange it for whatever reason.

Possibly they have an outsourced OH company that covers the country, but they later found out the company only covered absences of 6 months or less, or didn’t cover pregnancy etc, hence needing to go to the head office meet up.

WeeOrcadian · 16/09/2024 19:21

Something doesn't quite add up here

Your anxiety predates your pregnancy
I'm not convinced that a GP would change your fit notes from 'anxiety' to 'pregnancy anxiety'
YOU chose to move 100 miles away - how did you envisage your return to work?
How much time do you expect them to give to 'allow for recovery'?
Have you taken ANY steps in self-help?

ridingfreely · 16/09/2024 19:26

Any mat pay when it comes arou d will be based on your earnings whilst pregnant. If you are off work for your pregnancy you won't get much may pay at all. I. Not entirely sure how it's worked out but I'm sure someone here willl

It's absolutely not unreasonable to ask you to attend an appointment near your work place

Drizzlethru · 16/09/2024 21:46

OP are you relying on your work maternity pay? If so, have you checked the rules as I remember having to earn a certain amount per week during set weeks of my pregnancy to qualify for SMP and then my own work rules.

BB78910 · 16/09/2024 22:55

WeeOrcadian · 16/09/2024 19:21

Something doesn't quite add up here

Your anxiety predates your pregnancy
I'm not convinced that a GP would change your fit notes from 'anxiety' to 'pregnancy anxiety'
YOU chose to move 100 miles away - how did you envisage your return to work?
How much time do you expect them to give to 'allow for recovery'?
Have you taken ANY steps in self-help?

Could be a new fit note for a new condition anxiety between month 1-3 and then pregnancy anxiety between month 3-8. Like if someone broke their foot whilst signed off for a broken arm.

Regardless... I do agree with PPs, the company have a right to start an incapacity to fulfil role process as you've been on long term sick. It depends how much you've been willing to work with them to attempt to return to work during that time and of course how many times you've been on long term sick before in your many years of service. If they feel like you've been off sick more than you've been at work then they will need to move on.

Drizzlethru · 16/09/2024 23:21

It is weeks 18-26 of your pregnancy you need to earn from your employer to get SSPm which is paid for 39 weeks after a quick google. If not in your role, worth asking about pay at OH appointment. Can’t get SSP on maternity leave either if not get maternity pay so it is tricky.

nocoolnamesleft · 16/09/2024 23:33

I've had a couple of significant periods of sick leave (for two different unrelated health reasons). Part of the reason I still have the job is that I engaged very thoroughly with occupational health, and with planning for what was needed to enable my return, initially with some phased return. As you do wish to return to this job, I would very strongly recommend doing everything in your power to be seen to cooperate with occupational health input.

TheRavenSaid · 17/09/2024 09:16

Londonaries · 12/09/2024 15:16

Thank you all, this has been really helpful for me to feel more comfortable with their request. It is my choice to recover 100 miles away. I will travel to see the OH, I actually don’t want to be dismissed.

Some answers to questions that’s I come up:

Had SSP Jan-June.
I loved my job and I want to go back, but I still need time to recover.

You've been off for 8 months, so assuming the job will not make your anxiety (?) any better.

Why do you want to go back?
Why are you not investigating jobs that you will be able to do without anxiety?

What kind of job is it?
Like - if you worked as a luggage mover and broke your leg, you clearly could not do the job until you healed, but there would be nothing to block you when your leg was healed

Happii · 17/09/2024 09:22

TheRavenSaid · 17/09/2024 09:16

You've been off for 8 months, so assuming the job will not make your anxiety (?) any better.

Why do you want to go back?
Why are you not investigating jobs that you will be able to do without anxiety?

What kind of job is it?
Like - if you worked as a luggage mover and broke your leg, you clearly could not do the job until you healed, but there would be nothing to block you when your leg was healed

Not all anxiety is triggered or even exasperated by work itself, but sometimes it can affect every part of your life including work. I was sectioned for 4 months and then off for a further 3 months a fair few years back, the thought of getting back to the job I loved kept me going. I did have to engage with the process though, I was scared of occupational health but actually they suggested some decent phased return options when I was ready and helped me to navigate things that would help in general- an offshoot of that was that I'd be well enough to return to work. Of course if it is triggered and made worse by work then perhaps more thought needs to go in to staying, but just like physical health, mental health can be complex.

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