I recently - October 31st - attended a disciplinary hearing for alleged misconduct - persistent absence.
My employers were referring to 3 instances of pregnancy related absence - one for morning sickness (I suffered week 7 to 18 in full view of my team and managers, but perservered EVERY day bar one very very bad day). One for a day off on the advice of an NHS direct nurse after I had fallen down the stairs twice in one day - witnessed by my deputy team leader and one for a migraine which I cannot prove was caused by pregnancy, but was adversely affected by my pregnancy as I could not medicate myself with my perscription medication and over the counter paracetamol did not do the trick.
I explained my 3 absences to my employer and then backed up my claim that my pregnancy related illnesses did not enable them to give me a disciplinary as per the guidance in an officla BERR leaflet which clearly states, and I quote, 'If you have disciplinary procedures which apply to standard illness, you must not apply these to pregnancy related illness'.
I also provided evidence from the DirectGov website which states that applying normal disciplinary procedures set in place for standard illness against pregnancy related illness constitutes sexual discrimination.
I had a range of ECJ cases which backed up my claim as well as guidance from the equality and human rights website which give guidance on what is and isnt pregnancy related illness.
My employer casually told me that all of the evidence I provided bore no relevance to my instances of absence and as I was not medically trained nor legally trained I was not in a position to argue these points and that their policy was that they made no distinction between illness regardless of cause and gender and therefore my claim of discimination was a moot point as they made none whatsoever.
I tried to counteract this and say although they viewed their policy as non discrimnatory, it actually amounted to positive discrimination, but I was told that this was purely my opinion and again bore no relevance.
I recieved a letter on November first advising that I had been given the verbal disciplinary and I had 5 working days with which to state my intent to appeal.
On Monday 3rd of November I handed in my letter which only said that I wished to appeal the decision and today, 7th of November I received a letter stating that I had no grounds to make an appeal as I had no new evidence to provide and that in my letter I had not sited any grounds which suggested they had not dealt with my hearing in accordance with best practice and their standard procedures.
I was not even informed I had to state my case in the letter? I thought I had to request an appeal and there would be another hearing? Anyway, the letter stated that this wsa their final decision and the verbal warning would be upheld and that was the end of the matter.
I am now going to raise a grievance against my employers as the guy that held the original disciplinary hearing made notes on a scrap piece of paper, which I wasn't even given the opportunity to read through (though it was barely ledgable) nor did I have to sign and agree with what was written. He did not read through ANY of the paperwork I had provided and he constantly talked over the top of me and kept quoting company policy.
I was told that my right to appeal had been exercised, however I feel very differently..
Does anybody know if I have a good case for discrimination? Upon a brief chat with CAB, they seem tot hink I do but I have to make an appointment with my local tribunal centre and seek proper advice in person - however, this will drive me crazy over the weekend as I cant even seek a professional legal opinion with a solicitor (though I have emaileda number of practices which provide a free, initial consultation via email)..
HELP!!! Can they do this? The #unnecessary stress and strain is really getting to me and I absolutely begrudge having to go into work.
What if I go into preterm labour and I;m put on bed rest? If they make no distinction, surely I'll get a second disciplinary which will then be a written warning?
I already know that I cant be sacked for pregnancy related illness so doesnt that make the whole disciplinary procedure moot? Yet they say they make no distinction.. I;m soo confused and feel like I;ve been shit on from a very great height.
I wasnt even given my health and saftey assessment until pestering them for it - though I was never told I had to formally tell them of my pregnancy in writing before they were obligated to do this - and so I did not know I had free use of the first aid room as a rest facility which would have done wonders when I was suffering real bad with morning sickness but had to go into work at 8am and puke and then get straight back to my desk and work through it - maybe that could have been the difference between avoiding the absence that was m/s related had I of been bale to lie dowa dn rest through it then go back to work when it had passed..
tears out hair