legal advice? am i being pushed out of work

[lisaboo79]

right here goes, i know lots of people use this forum so i am hoping someone can help me out

generally i get on with my boss, never had a major problem, and if there has been any problem at all we have had a chat and everything has been fine, this has hardly ever happened tho, in the 18 months i have been there

i have never had a contract of employment setting out my duties procedures etc, its a physical job which can be very hard at times, i told her 3 weeks ago that i was pregnant and she seemed fine about it

i got a letter out of the blue today, telling me that i am invited to a disciplinary meeting, to discuss certain things that have been of concern to her, none of which i was aware of, i was in complete shock

we have no disciplinary procedure in place, she has invited me for this meeting in a public place, and she has not really set out in any great detail what its about, so i cant really prepare for it and i am really worried

i have had alot of problems recently, i hurt my back at work one day, and could not do as much as i usually do (my work involves lots of lifting and standing for long periods) and i feel this is why she has called the meeting

im hurt by whats happened, i just was not expecting it, any advice? the meeting is on tuesday

thanks for reading all that

 

[xJG30]

I'd probably trying get some legal advice about where you stand.

It seems abit dodgy that this has all come about since you told her, you're pregnant.

 

[Seraphim]

The law doesn't always make things happen... but it does say that employers have to make reasonable adjustments to your workload to accomodate your pregnancy and if this is not possible, to suspend you on full pay.

You are (by law) totally protected.

This doesn't stop employers being backhanded or bullying you until you feel like you can't take any more though

You don't have to do anything on Tuesday but listen.
Don't be rushed or bullied, if you need time to respond, say so.

Hopefully you can keep it together. I know from personal experience it is very upsetting, and the hurt is worse than any actual problems.

Big

 

[lisaboo79]

thanks for the advice, holding it together is gonna be hard, a friend of a friend is a HR manager and she has told me she cant do a disciplinary if there is no work contract and no procedures in place so i guess i will just have to see what happens

 

[Vesta]

Are you a member of a union? I suggest speaking to them if you are.

 

[Hollys_Twinny]

Get a union rep Hun sounds dodgy!!

 

[Sara-Rose89]

has she done a risk assesment for you hun?? x

 

[Cupcakeangel]

Even if you don't have a union rep take along a colleague so that you have a witness. This sounds very dodgy!

 

[lisaboo79]

not a member of a union unfortunately, and we only have one other colleague who i believe is in on the whole thing

 

[MrsPhillips]

I think that she legally has to detail in her letter what she plans to discuss with you. By law she is obliged as your manager to conduct a H&S risk assesment on you that is reviewed periodically. This is to ensure that you are not put at risk during your pregnancy. I do not think there is much she can do if there is no contract signed by yourself. You are protected though as an employee as you can show a statement of earnings. You can also appeal against any decision made which would have to be heard by her line manager. Did you put in writing to her that you were pregnant? If not, I would get that done ASAP. I hope all goes well. You could probably turn it round on her that she is putting undue stress on you. xx

 

[lisaboo79]

i have not told her in writing, but there is evidence on the works calender of my pregnancy i.e scan dates etc, we are a small firm, only 3 employees, she has not done any h and s with me since telling her i am pregnant, i think i am gonna seek some legal advice before i do anything, i know she has to perform and investigation which i have to be aware of which she hasnt done, i have had a day to think about it and now i am pretty certain that i am being pushed

 

[lindypops]

Take someone with you!

 

[lisaboo79]

i have postponed it until i can get advice form citizens advice so i know where i stand dont want to go into a meeting blind so to speak, i will try and find someone to go with me

 

[Seraphim]

Oh sorry - I should have said, call ACAS
(They're better than CAB in my view - helped me loads)
They're like a union type advice service, open til 8 or 10 pm
08457 47 47 47
www.acas.org(.uk?)

 

[Emma1980]

I agree, phone ACAS, theyre fantastic!

She should of outlined what she wanted to discuss with you in her initial letter. phone ACAS and i'm pretty sure they will tell you to speak to her and get a letter outlining what her issues are so that you have chance to get your story straight, its only fair!

You NEED to ASAP write her a letter and send it recorded delivery and include in that letter "as i informed you on (whatever date you told her) please accept this letter as confirmation that I am expecting a baby and its due date is blah blah"

please keep in mind that the law is completely on your side and there is pretty much nothing she can do! she can try and push you but cant actually get rid of you, it would look too strange in court that you had a perfect history with the company before you got pregnant, stay calm, give ACAS a call, do take someone with you to the meeting, though if theyre in on it, that aint gonna be great, is there not someone in a different department you can take?

 

[lisaboo79]

unfortunately i work in a small shop 3 memebrs of staff including myself and the boss, i phoned acas and they gave me some good advice, i ask her to postpone but she only has till friday, there are 3 issues not massive ones either and she only has evidence on one, which i am prepared to admit to cos i dont think its massively important, she has now decided to bring one of her friends as a notetaker so i will just have to see what happens she has assured me i wont get fired but im not so sure

 

[Emma1980]

you cant get fired anyway, the worst she can do is give you a written warning and thats only if its classed as gross misconduct, other than that you should get a verbal warning confirmed in writing.

The person taking notes is not allowed to say anything to you, just take notes, so dont worry about that. If you really want to shit her up, take a dictaphone with you but ensure you advise her at the start of the meeting that you will be recording it just so you also have a record of what was discussed.