Pregnancy discrimination

[PinkPolkaDots]

Hey, definitely get your GP to change the reason before submitting your fit note. If your absence doesn’t state it’s pregnancy related they will treat the absence as per their normal sickness absence procedure. So you do need it to specifically state that.

Just wanted to add, yes you are protected by the Equality Act 2010 because you’re pregnant however, that doesn’t mean an employer can’t sack you while pregnant. Don’t get me wrong it’s not exactly good practice and they would need to prove they’ve sacked you for a reason not related to your pregnancy. It’s not a straight forward process so they would need to follow strict guidelines. To be honest, I’d be surprised if they did consider sacking you given you’ll be on Mat leave soon. I’m assuming they offer statutory maternity pay?

I hope you’re feeling better, atleast you’re not stuck in there with them lot!

 

[Savewaterdrinkgin]

Thank you, I’m struggling to get in touch with the doctor at all and I need to give in the sick note today ideally. I won’t be entitled to SMP as the SSP isn’t high enough to qualify so I would need to claim maternity allowance instead. If they were to sack me would it not stand in a discrimination claim at all? I won’t be going back so I’m not particularly fussed, I just don’t want to be in a bad position financially because they decide to be spiteful.

 

[Begborrowsteal]

Worth bearing in mind that they can start your maternity leave earlier if youre absence is pregnancy related- in case youre managing funds to a planned date

 

[PinkPolkaDots]

Thank you, I’m struggling to get in touch with the doctor at all and I need to give in the sick note today ideally. I won’t be entitled to SMP as the SSP isn’t high enough to qualify so I would need to claim maternity allowance instead. If they were to sack me would it not stand in a discrimination claim at all? I won’t be going back so I’m not particularly fussed, I just don’t want to be in a bad position financially because they decide to be spiteful.

It’s hard to say as tbh they don’t really sound that organised with your comments. However an Employer usually would collate evidence to show they’ve not sacked you because you’re pregnant. Evidence could be OH reports, reasonable adjustments in place or they’ve tried to put you in another department. If they’ve exhausted all reasonable avenues they can go down that route.
With discrimination cases you are entitled to take it further if you feel it’s unfair and the employer would need to demonstrate they haven’t acted unlawfully.

How long is your fit note for? If you can’t get in touch the GP, submit that and the next one you submit ensure they put pregnancy related illness on it.

They can only automatically start Mat leave if you’re 36 weeks pregnant and it’a pregnancy related absence. Sure you said you were going at 29 weeks though?

eta just to clarify if you submit this fit note it won’t be excluded from the normal sickness scheme. Do you know their triggers to review your absence? Usually Bradford score of 50+ or 3 occasions in 12 month period tend to be common ones but they vary. I think the extra stress of you trying to get it amended isn’t good or fair on you, just submit and get next one clearer.

 

[Savewaterdrinkgin]

Yeah I plan to begin at 29 weeks. The sick note takes me up to 29 weeks. Hopefully then the fact they haven’t made any adjustments to my job or stuck to the risk assessment will go in my favour. I haven’t taken any time off before or given a reason for them to question my performance, but being the type of people they are I’m sure they’d be up for the fight. I’m guessing they’d need to give warnings or have proof of concerns before actually sacking me for time off even if it wasn’t pregnancy related?

 

[PinkPolkaDots]

Yeah I plan to begin at 29 weeks. The sick note takes me up to 29 weeks. Hopefully then the fact they haven’t made any adjustments to my job or stuck to the risk assessment will go in my favour. I haven’t taken any time off before or given a reason for them to question my performance, but being the type of people they are I’m sure they’d be up for the fight. I’m guessing they’d need to give warnings or have proof of concerns before actually sacking me for time off even if it wasn’t pregnancy related?

Ah ok it’s one fit note. Submit that to your employer and tell them in writing via email that it is pregnancy related and you are currently waiting for Gp to rectify and will send amended one across asap. In the mean time, ring the GP receptionist and ask them to leave a message with your Gp stating it needs to be corrected. Hopefully this process works at your GP practice!

Will reply shortly on your other Q

 

[Tifastrife]

Worth bearing in mind that they can start your maternity leave earlier if youre absence is pregnancy related- in case youre managing funds to a planned date

Only if it’s within four weeks of your due date.

 

[Savewaterdrinkgin]

Thank you I’m on hold to the receptionist (again) hopefully will sort it today otherwise I’ll just have to take the chance.not impressed with my doctor though you’d think they’d know the discrimination risks and I specifically requested pregnancy related when they asked what to write.

 

[PinkPolkaDots]

I haven’t taken any time off before or given a reason for them to question my performance, but being the type of people they are I’m sure they’d be up for the fight. I’m guessing they’d need to give warnings or have proof of concerns before actually sacking me for time off even if it wasn’t pregnancy related

So if no issues with your attendance, performance or conduct it’s very hard for them to dismiss you as you’re protected. If there was a reason related to the above ones I’ve outline and was documented then they could go full steam on that specific issue. Again though they would need evidence (as you’ve said), outline their clear reasoning and be prepared to defend their actions in tribunal if you took it further.

No Employer I’ve ever worked for wants to go down that route. Most settle outside of tribunal in my experience. They need to ensure they’ve gone throughly through the process and ticked everything off to avoid you trying to take them to tribunal. If there’s nothing documented on any issue with you it would be apparent they have sacked you because you’re pregnant which is illegal.

With your attendance at the moment, if you get your sick note corrected they can’t treat it in their normal sickness absence process. So if they did treat it as normal absence despite fit note saying pregnancy related it would come back as unfair. Out of curiosity have they ever done a pregnancy risk assessment with you? They may involve OH in the near future following your fit note so don’t be alarmed.

I do really feel for you, I had HG in both of my pregnancies so was off work a lot. Luckily given my role my employer were supportive however I see red when I see ladies getting treated as you are.

 

[Savewaterdrinkgin]

Thank you you’ve really reassured me. I did have a basic risk assessment where I was told not to lift anything heavier than a bin bag. Considering it’s a very physical job I expected more from it, but as they’ve been bullying me I just dropped it for an easy life. They still expected me to do some heavy lifting by hinting at it but I didn’t. It’s a very passive aggressive environment so it’s such a relief to be out of it.

 

[PinkPolkaDots]

Thank you you’ve really reassured me. I did have a basic risk assessment where I was told not to lift anything heavier than a bin bag. Considering it’s a very physical job I expected more from it, but as they’ve been bullying me I just dropped it for an easy life. They still expected me to do some heavy lifting by hinting at it but I didn’t. It’s a very passive aggressive environment so it’s such a relief to be out of it.

No problem you are clued up on the process anyway. I have a feeling they may be banking that you don’t hence their crappy behaviour.

Honestly I wish we could name and shame them because they sound more and more terrible!! I’m glad you’re out of there & hope you get your fit note sorted easily.

 

[Savewaterdrinkgin]

My manager knows I’m very clued up so maybe she was threatened by that I had to point out in my contract certain things she denied and reminded her it’s discrimination to refuse certain requests. I’m obviously too ‘difficult’ and make her job harder by expecting my legal rights. I’d honestly love to name and shame each one of them and the company but as it’s so small it’ll be easy to work out who I am. If it was the likes of sainsburys or wherever I’d go to the papers