Disciplinary action due to miscarriage sickness

[suzie24]

Hello everyone
I have been off sick from work due to an ectopic pregnancy and the treatment for it. Obviously I'm still devastated and extremely exhausted. I have sick notes from my doctors for all time off (no self certification). I had already had a meeting regarding sickness before this. My employer called me in today for a sickness review and said due to this miscarriage I am now receiving an official warning and any more time off will result in me needing to go before the board of governors to decide if i keep my job. I'm furious and have just been crying since I got home. I can't believe how insensitive they are being. It is my understanding that time off for a miscarriage cannot be included in any disciplinary procedures. Any help would be really appreciated. I know how wonderful and knowledgable you ladies are

 

[netty]

that is outrageous love, theycant discipline you for pregnancy related sickness or absence? did they know you were pregnant? or did they just know about the MC? i would recommend contacting ACAS hun and speaking to them about this your employer cant do this

i am so sorry for you loss hun

 

[jules84]

OMG that is awful. Have they no compassion? xxx

 

[jojo3972]

omfg thats is absolutely shocking how the hell can ppl be so heartless specialy ppl at work whome are meant to ahve compasion fgs grrrr i agree with lynette ring ACAS see what they say lovely and big massive ((((hugs)))) im sorry for ur loss xxxx

 

[CARNAT22]

This is the last thing you need after all you have been through!

What was the outcome of your last meeting? I assume that you had been told in advance that if you had any more sick time it would result in a disciplinary?

Sadly I do think that some companies cover themselves by writing in a clause to say exsessiver and sporadic bouts of unrealted illness (even with a Dr's certificate) can result in a disciplinary...

They cannot discriminate over a long term illness BUT if you have had several incidents of being off sick at different times, chances are there is something dodgy in your terms of emplyment that will allow them to use this as leverage. I assume a company would only do something as henious as this is they knew they could get away with it? Although as it is pregnancy related it is definately discrimination in my eyes????

How much time have you had off? How much notice have you been able to give?

Do you have a manager or someone senior that you get on well with who can speak on your behalf?? Maybe they can contact upper management and say that they support your sick leave due to the emotional and physical trauma you have been through...

Alternatively you need to contact ACAS and or the CAB.

xxxxxxxx

 

[Butterflykisses]

That's awful. Pregnancy related sickness absence can not be disciplined or it's seen as discrimination. They can do usual interviews or medical checks but no action should b taken or formally put on ur file.

 

[russellmuscle]

Wow, this is shocking - where on earth do you work?

My cousin had a miscarriage and had an appointment with the jobcentre and she missed it and when asked she says well Id rather not say its a bit personal and they says welllll if you dont tell me then you wont get paid ect, so she had to then say well I had a mc and she says the guy just looked blankly at her and scribbled miscarraige on the paper. Some people have no morals.

As far as I knew that any pregnancy related sickness does not come in to count from your normal sickness but that was only in my old job esure I knew of that, a girl I knew kept on bleeding and having to stay off and on and nothing got done to her about it.

 

[TORino]

Aw love

That's an awful thing to happen.

Is your employer just following the absence policy? Where I work it is pretty tight with absence etc and I got a letter after my week off sick with SPD because I had hit a trigger. My boss was rather apologetic tbh but his hands were tied and he didn't have a choice. I had to have a meeting with HR and could have a union rep etc if I felt it necessary.

It was sadly a miscarriage that I was off for previously as well. Though I didn't tell them that. I had hit the trigger of 7 days off in a rolling 12 month period.

They do sound as though they aren't being very sympathetic which is not what you need right now xx

 

[russellmuscle]

Aw love

That's an awful thing to happen.

Is your employer just following the absence policy? Where I work it is pretty tight with absence etc and I got a letter after my week off sick with SPD because I had hit a trigger. My boss was rather apologetic tbh but his hands were tied and he didn't have a choice. I had to have a meeting with HR and could have a union rep etc if I felt it necessary.

It was sadly a miscarriage that I was off for previously as well. Though I didn't tell them that. I had hit the trigger of 7 days off in a rolling 12 month period.

They do sound as though they aren't being very sympathetic which is not what you need right now xx

I work with trigger points too with the NHS, are you with them too? if so I have just developed a new hate for them. I think the absence system at the NHS is ridiculous! Its like 4 periods or 7 days whichever comes first!

 

[KarolinaMoon]

Hi Suzie,

So sorry to hear of what you have been through!! It is actually discrimination to take any disciplinary action against an employee who has been off for pregnancy related illness, and this includes miscarraige. If they do this, then you can take them to an employment tribunal. It is viewed very seriously, as a sex discrimination matter. Are you in a Union or anything like that?
I was off work for 4 weeks around October time last year for a Miscarraige, and my employer recorded my illness as pregnancy related, and no action was taken. This is what SHOULD happen in every case no matter where you work.

My advise to you is firstly, please don't let this upset you, I know easier said than done, but you have done nothing wrong, and have been treated unfairly. Secondly, Is there anyone in work can advise you/support you? Thirdly, make a note of everything that has happened since you returned to work, keep a record of dates, names, what has been said to you etc. Fourthly, consider taking this matter further. You can find some information at this link -

http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/working-hours-flexible-working-and-time-off/making-a-decision-relating-to-time-off/pregnancy-related-absence/ .


They also have a helpline if you live in England, scotland or Wales. I live in Northern Ireland, but the employment law is more or less the same all over UK. If I can be of any more help, please message me. Hope this helps xxx

 

[suzie24]

Thank you so much ladies. Your advice is all so helpful. I'm actually a teacher so I have just spoken to my union and they are going to take action for me. I think I just needed some reassurance that I wasn't just overreacting. The union have said its scandalous and they very rarely hear of schools being so unsupportive and showing so little compassion. Thanks again xxxxx

 

[willowwisp]

I'm so glad your union are taking it so seriously and picking it up for you. I'm frankly horrified in this day and age that they would be so insensitive and I hope that they get what is coming to them. Sorry you've had to go through this on top of a miscarriage, you have my fullest sympathy x

 

[CARNAT22]

You luckily have a very strong union hun!

Best of luck they can help you through this part of it all

xxxxxxxxx

 

[KarolinaMoon]

glad to hear you have the union on your side!!! They should beable to sort it pretty quick for you, and will probably tell your employer that they are totally in the wrong here!!! You definitely are'nt overreacting!!! Just keep your head held high, and know that your employer are at fault here, not you!!! Keep us updated, and I hope it gets sorted quickly for you with the least possible stress!!!! xxx

 

[hayes]

Im so sorry to hear this, but very glad that it sounds like you will get supported by your union.

Michelle. x

 

[Sunbeam638]

I would submit a grievance at this point and if anything you should say you feel like your privacy over your miscarriage is totally invaded given you have to provide medical notes to your employer when perhaps you wouldn't even disclose this to friends and family.

It's overly intrusive to make you now document as to why you have been off and the way it's dealt with is totally insensitive and has contributed to the stress and upset already felt after your loss.

Unacceptable to be honest and as a manager I would be supporting you. Sorry you are having to deal with this!!xx

 

[charliebear]

So pleased your union are representing you over this.

Take care x

 

[itisbabytime]

Hi this is awful. But in your favour it is a legal requirement that sickness and absence due to pregnancy must be recorded seperatly from other sickness for the simple fact than men can't suffer from this so using is against you would be sexist. Good luck. I hope they see bloody sense.