signed off due to stress

[Annabanna33]

well, ever since i told work i was pregnant theyve done nothing but cause me grief. ending on sat just gone when i get a letter saying im invited to a disciplinary hearing on monday! to say i was shocked was an understatement. Luckily i managed to get it postponed till tues. unfortunately they are trying to say im not doing my job, and that despite repeated warnings (none of which ive been recipient to) ive not improved. then i had a stress related panic attack, ambulance was called to work, wasnt fun. Since then ive seen the dr who when asking if i was ok promptly burst into tears. now for those who know me this happens maybe once a year, so hugely unusual. shes now signed me off for 2 weeks. today i get a letter saying im just getting a written warning, altho ive never had an official verbal warning, and that next time it happens i shall be sacked. I think this is only a matter of time before this happens since they dont want a pregnant women working there, having to keep my job open etc. Can i do anything about this??? is this constructive dismisal? i just feel i can go back there knowing there out to get me sacked, just a matter of time. not somethin i want hanging over me.
Any advice greatly appreciated.

A
x

 

[EllieBelle]

Oh hun first of all

I have had disciplinary action raised against me, due to standing up to my "at the time" bully of a boss!

The company has to go through the correct HR procedures.

Saying that all companies have a Disciplinary process that must be followed, it will result in you being interviewed and told the exact reasons for the disciplinary action (disciplinary hearing), a 2nd date can then be set for you to argue your case and provide evidence against the companies accusations (Im presuming its one or 2 people that have decided to take action?)

I would start by reading through the following and also look into what you need to do in order to take the company to a tribunal (they wont expect you to)

http://www.direct.gov.uk/en/Employment/ ... G_10026692

I also got signed off sick at the time as I was so stressed and hurt, however I did have the last laugh - ended up with a VERY large payout to stop me taking legal action and the Senior Director who raised the action against me was fired!

Do not give up without a fight and feel free to PM me anytime (Im no longer working so am happy to have a chat via phone, email etc and give you any advice I can).

Its a horrid situation to be in, but dont let them get to you - start preparing as much info as you can and get reading your rights.....

 

[nazmomi]

EllieBelle is right there are procedures that your company has to follow regarding disciplinary action. If you have been called to a disciplinary hearing you have the right to at least go, (if you left work ill it should have been postponed until your return) at your disciplinary hearing you have the right to be accompanied by a fellow member of staff or a representative of a trade union if you are a member.
After your hearing your boss would then have to consider all of what had been said before making any decision.
If you have a letter asking you to attend the disciplinary and a copy of the written warning I would strongly advise that you keep hold of them and get in touch with acas. What they are trying to do to you is wrong and they cant get away with it. You have rights.

I hope that your feeling better soon and its awful that they upset you to the point that this happened. I hope you get lots of rest and feel better soon .

 

[KirstyD]

Ahh sorry to hear this.

The laws protect pregnant women in this situation more than the average person due to it being illegal for them to sack you due to your pregnancy. They are perfectly in their rights to fire anyone, even pregnant women IF they can prove you are not carrying out your role effectively or breach your contract terms. But in your situation they will also need to prove beyond a doubt that it is nothing to do with your pregnancy as to why they are firing you. This makes it very difficult for them, especially if they have begun procedings only since you have told them about your pregnancy.

EllieBelle gives good advise, read up on the laws and what you need to do to take it further, and i definitely would take it further if i was you.

Make sure you keep all records of what is going on, and keep a record of all the actions they have taken and read through your contract carefully!!

Good Luck

 

[Leana]

Hello,

I have copied in some information from 'Direct Gov' website which I think you may find of interest. Basically you can not be disciplined for being off sick during pregnancy. Also if you feel you are being unfairly treated due to being pregnant this is a case of sex discimination.

If it were me, I would seek legal advice from Citizens Advice (which should be free).

Extract from www.direct.gov.uk
Discrimination and pregnancy
It's unlawful sex discrimination for employers to treat women less favourably because of their pregnancy or because they take maternity leave. Such treatment includes things like:
trying to cut your hours without your permission
suddenly giving you poor staff reports
giving you unsuitable work
making you redundant because of your pregnancy (you might still be made redundant for other reasons)
treating days off sick due to pregnancy as a disciplinary issue
Your employer can't change your terms and conditions of employment while you're pregnant without your agreement. If they do, they'll be in breach of contract.

I hope this helps? ANd I hope you feel less stressed soon.

Leana