Disciplinary hearing whilst I am pregnant

[Sammy112]

My name is Sammy and I have worked for a community support trust in the Greater Manchester area for the past three years. This community support trust is a charity which looks after elderly people in the community many who have dementia or other mental health issues. The company is run by the manager, who sits in the office and reports to a board of trustees. I have been in the care industry all my working life (12 years) and pride myself on doing a good job.

 

I originally started work in another care home and ended up working in a couple of different one. I have always wanted to be a carer and help people ever since my mother died when I was 15 years old. I pride myself on my knowledge of how to look after people and I enjoy doing it.

 

Recently I have been off sick as I am 6 months pregnant. I really wasn’t feeling well and due to the stress of the job I went to my GP and he signed me off for four weeks. I returned to work on Tuesday and was told that I would have to come into the office for a return to work interview. On attending I was told that due to my sickness she would have to refer this to the board of trustees.

 

I then continue work on Wednesday and attend at an address on Thursday. On attending there is another carer there who looks surprised to see me. She tells me I am not meant to be there and says she will phone the office. She phones the company manager, who says that she needs to speak to me. I then attend the office and get told that two employees have said they spoke to one of the clients who told them something important but said that they had previously told me and said that I didn’t pass the message on.

 

I was then not told anything more about the allegations or what this important message was meant to be and told that I was suspended and I would receive a letter through the post about when I need to attend at a disciplinary hearing and that I could bring a colleague with me.

 

I have no idea what any of these people are on about and know that I have done nothing wrong.

 

I have bullet pointed a few things that I think are important about my time with the company:

 

- No previous disciplinary problems in any of my previous jobs. I have been given a verbal warning previous whilst with this company due to my poor sickness record. I have had a couple of minor bouts of sickness and child care issues. From my memory when I was shown my sickness record it amounted to 14 days in the past year which I did not think was that bad.

 

- From speaking to the company allegations are from two employees (unknown if any official statements have been taken) that a client told me some important information that I failed to pass on.

 

- The manager said that I had the right to bring a colleague (no mention of union rep or legal representative). I am 6 months pregnant and this is causing me a lot of stress . I have never been a disciplinary hearing in my life and have no idea what to expect. My obvious worry is that they are going to sack me for something that I haven’t done. It just so happens that these allegations surface as I about to take 6 months maternity leave and feel that it is more of a coincidence.

 

- Nothing said on return to work interview on Tuesday or whilst at work Wednesday.

 

- At the start of this year an office job (completing rotas, admin tasks and answering the phone) was advertised internally so I applied for the job in the office via internal application process.

 

After speaking to the manager it transpires that I was the only applicant but she then phoned me up and said “well you have just messed up your chances after being off sick”. I then get told that there is no longer a job available and that this is the end of it. I explained to her that it would be much easier for me if I had the office job as it would be Monday to Friday 9-5 which means I would have no childcare issues.

 

This has been one of the biggest problems for myself as a working mother of two children trying to work around a shift pattern between 8am -9pm 7 days a week. My husband is a Police officer and is unable to change or take leave at such short notice. The rotas we receive turn up in the Saturday morning post for the following week so we effectively only get two days notice.

 

I have previously asked for the rota to be emailed on the Wednesday/Thursday when they would be posted to give me an extra couple of days to sort out childcare but apparently this was not possible. My husband has taken a lot of leave to help with childcare problems and my parents in law have regularily come to look after the children even if it is only for a couple of hours to help out.

 

At times I have thought about not working or changing jobs as it is so much hassle and work make it so hard for me and cause me a lot of stress. I want to work and enjoy my job just not the way my manger treats me.

 

- People are too scared to speak up as the manager rules everything with an iron fist and nobody dare speak up against her. There is nobody else to turn to as with it being a charitable organisation there is no HR department and the whole company is basically run by the manager with what she says goes even if it is bullying or discriminatory. I have had numerous conversations with people who are currently in the job who themselves have had problems and warnings and don’t know what to do about it.

 

At the end of the day it is a low skill low paid job and it appears that we have no real rights and don’t know who to turn to and end up just keeping everything inside and plodding on in the hope that it gets better.

 

- I don’t feel like there is anybody that I can go to at work and speak to. Although there is a board of trustees I have no contact details for them and am worried they they will just believe everything that the manager says.

 

- Rota’s get done more favourably for people who are closer to the manager. For example the bosses daughter was off for 6 months with an injury but as far as I am aware never received any kind of warning. I have been off sick on a number of occasions and always get threatened with disciplinary action. She does not care about the employees are comes into work and leaves whenever she pleases to help her childcare issues. I know this because on a number of occasions the manager has turned up for work at 11 am citing childcare issues as I have tried to contact her in the hours before with no reply.

 

I am at my wits end and don’t know what to do. I have no union rep and have no money to get any kind of legal advice. I am going to go to the citizens advice bureau tomorrow to see what they say. I was thinking about contacting a solicitor to see if would be able to help but I know it will cost too much money.

 

In relation to the letter I am going to receive surely I must get a copy of the statements made/allegations before I attend? I have thought about various aspects of bullying and sexual discrimination linked to pregnancy as part of this is the fact that I don’t think she wants to pay me maternity to be off for 6 months and is looking at ways of getting rid of me.

 

Is there anyway I can delay this disciplinary hearing until after my maternity leave? If I could afford it I would just resign and then try and get another job after my child is born but myself and my husband are so tight up for money every month I cannot afford to be without a job or on paid maternity leave.

 

I have contemplated trying to take action against the manager for bullying but I know after chatting to my husband that we will need some sort of proof.

 

I apologise for the long winded post but I wanted to include as much detail as possible,

I thank you very much for reading this and hope that you are able to help me in some way.

 

Regards,

 

Sammy.

[honeybee13]

Hello and welcome to CAG.

 

I've edited quite a lot of your post to leave out names and places because this could cause you problems and also put in a few extra paragraphs to help the guys here read your story easily.

 

Please don't name names because firstly it's not necessary and secondly it could aggravate your problems.

 

I expect the guys will be along over the course of the day. They should be able to help you.

 

My best, HB

[IdaInFife]

How long have you worked for the CST?

[Sammy112]

How long have you worked for the CST?

 

I have worked for them for 3 years. Thanks

[Emmzzi]

I really struggled to follow your post I am afraid. Can you summarise a bit?

 

Is the main question if you can postpone the disciplinary until after the baby is born? No, that would not be reasonable.

 

Is it disciplinary or investigative interview?

[assisted blonde]

Just reading through quickly i can see that there might be a problem with sickness 14 days taken at seperate times is quite a lot in the eyes of ann employer whereas 14 days in one go due to a serious illness dosnt look anywhere near as bad.

The care industry always seems to be short staffed so it may be worth having a good look round for another job once you have had your baby. You could well be right about the coincidental timing the current situation but proving it is always going to be a problem if they do dismiss you.

[Emmzzi]

pregnancy related sickness is discounted for totting up purposes though, so those bits come out

[Sammy112]

When I get a letter through the post requesting my attendance I am within my rights to request to see the evidence (e.g. Statements) so I actually know what the hearing is about before I attend?

[Emmzzi]

the letter usually says what it is about, come back here if it doesn't?

[assisted blonde]

Yes sorry I was just assuming that the sickness wasnt related to the pregnancy as the OP is about to take 6months maternity so she can only be 3 months pregnant and she said 14 days in the last year, suppose I shouldnt assume really

[Emmzzi]

assissted, no, you may well be right. I struggled to keep a focus on all the detail!

[stu007]

Hi Sammy

 

They should send you a letter with the disciplinary date, time, location, those in attendence for meeting, your right to be accompanied and what the allegation is.

 

This should be followed up with them providing you with a copy of the companies Disciplinary Procedure and copies of the evidence to be used at the disciplinary.

 

You should be aware that the two employees if they have provided witness statements for the Disciplinary you are within your rights to contact the chairperson of the disciplinary hearing and request that these witnesses are made available for the hearing as you may wish to cross exam witnesses.

 

these PDFs may be of use:

[Sammy112]

Hi,

Thank you all for your advice. Today I received a hand posted envelope containing all the allegations and disciplinary procedure. The hearing is on Monday at 1045 am and looking at the documents it will by myself, a work colleague or union rep (which I do not have), my manager, a note taker and one of the board of trustees who will hear the allegations.

I know it is a long shot but would anybody be willing to private message their email address so I can email them the documents along with my responses to see what they think and provide some advice?

Many Thanks,

Samantha x

[becky2585]

It might be better if you give a brief outline here?

[Sammy112]

There is approximately 5 pages so when I get home later I will post up a summary of the main issues.

Many Thanks

[honeybee13]

Hi,

Thank you all for your advice. Today I received a hand posted envelope containing all the allegations and disciplinary procedure. The hearing is on Monday at 1045 am and looking at the documents it will by myself, a work colleague or union rep (which I do not have), my manager, a note taker and one of the board of trustees who will hear the allegations.

I know it is a long shot but would anybody be willing to private message their email address so I can email them the documents along with my responses to see what they think and provide some advice?

Many Thanks,

Samantha x

 

Hello again.

 

Please don't ask people to provide their email addresses, it's not how we operate here. And advice by PM isn't recommended either.

 

It's in everyone's best interests if you post up your information without any personal details that could identify you. You can use an app like Paint to remove anything you shouldn't be posting on a public forum.

 

My best, HB

[orfoster]

I would suggest that giving you notice on 7th of a hearing on 10th is unreasonable amount of time for you to prepare your case without stress.

Does the letter mention your right to be accompanied? Does it mention that these allegations are serious and that a possible outcome could be your dismissal on grounds of gross misconduct?

You need to check your house insurance policy (contents insurance) to see if you have legal expenses cover, this could provide you with legal assistance in the event of having a claim.

In the care sector, it really is worth joining a trade union who would support you, UNISON is a good union because the monthly subscription is done based on your actual earnings.

 

It is REALLY important you note the dates of any potential discrimination, for example your return to work date, the date you were advised you were not successful in getting the other job. These dates could be deemed as when acts of discrimination occurred and you have 3 months less one day to complain to an Employment Tribunal about them, irrespective of your upcoming disciplinary hearing, although that in itself "could" be deemed as another discriminatory act.

 

Do not be afraid if during the hearing you need a break to think through some questions or answers to ask for a break, if they refuse you need to ensure that is noted down. Ensure that notes of the hearing are being taken.

 

Could I ask, what was your sickness relating to? Do you suffer with a condition at all that is resulting in these absences from work?