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Sacked while pregnant

ssp_while_pregnant
ssp_while_pregnant Posts: 14 Forumite
Hello all,

I'm desperately hoping that someone can help me with this.

Where do I start? My most recent job was a sales role. Each sales rep has there own patch/area. I had been told that as long as the invoice address fell within my area then it was my sale so I signed a deal in May 09 with a relative (which the company say is not an issue) and the invoice address was in my patch. The registered office address was not. This is done by other members of staff also.

2 months after signing this deal when the remarks of not hitting target in a recession and other examples of bullying came to be too much I went to the doctors who signed me off sick with work related stress for 2 weeks. After 10 days of this sicknote my relative who signed the deal with me recieved a phone call accusing her of fraud. She cancelled the deal with my company in line with their proceedures. The stress of this and the company's attitude towards me caused the work related stress to continue for 6 months before they could get my doctor to write a report on my illness and could invite me to a meeting to discuss my illness.

While this sickness continued they only paid me SSP and after 4 months I discovered I was pregnant. Currently 20 weeks. I told work that I was pregnant at the meeting in which they confirmed that they would still investigate the deal I made back in May.

I returned to work on 10th Feb 2010 and on that very afternoon they held an investigation meeting. I was then told a few days later that it had been referred to a manager at a higher level and that they were recommending disciplinary action. I was sent a pack of information that they were to use a evidence in a disciplinary hearing. This pack contained a transcript of 1 conversation that never took place and another conversation that was not an accurate account. The meeting was scheduled to take place for 4th March in which my Union rep would be present. On 2nd March I was called into the office for what the manager called a 'quick catch up'. In this meeting I was told that I had been reported for not doing anything at my desk and texting on my personal phone during office hours. Both are completely untrue. I was then showed a print out of conversations I had had with a relative on facebook. A conversation that the company could have only obtained by hacking into my account as none of my colleagues are facebook friends and my profile is completely private. I got so upset by this invasion that I could hardly breathe and was shaking all over. My manager then told me to get back to work and continue to make cold calls to get appointments. I went to the toilet to try to compose myself to no avail. I then went back to the manager and said that I wanted to go home as I was clearly very distressed.

I attended the doctors that evening and my doctor was so disgusted that he wrote a letter for me to take to my disciplinary hearing suggesting they consider lighter duties and the possibility of getting their occupational health involved. They had also not done a risk assessment on me despite me asking several times and were sending me out onto patch in the car alone covering 800+ miles per week. He also signed me off until 5th Mar.

I attended the disciplinary hearing with my union rep in which I put my defence across ( I had been told that as long as invoice address was in my area then it was my sale and that if it was a problem I wouldv'e happily transferred the sale to a colleague but at no point was I given that opportunity). They told me that they would inform me of their decision hopefully within 5 days.

I went back to the doctor and gained another sicknote that took me upto 12th Mar. Then yesterday I went back to the doctor and got another sicknote. This morning I recieved a letter stating that I had been dismissed on the grounds of gross misconduct with immediate effect.

There are also issues with salary that they hadn't paid me correctly. But now I have blurted out the full story I wondered if anyone can give me any advice on a way forward. Of course I will appeal against their decision and then if that is unsuccessful I will submit an ET1 form for tribunal and also I will persue a personal injury claim as my poor mental and physical health it their fault. However in the meantime I am 20 weeks pregnant and have lost the company maternity scheme, there is also little chance of getting another job before my maternity leave. My partner has only got 3 weeks lefts at his current job and we do not know what will happen after that time with his employment.

We are luckily renting our home from a relative who has been very kind and has not had any rent off us this month but we do not know what we will do next month. I have never claimed any benefits before and I don't even know what I am entitled to. I know that realistically the company should lose at a tribunal but I have no idea what we are going to do financially until that is all over.

Any ideas anyone? That's if I haven't bored you to tears with my long story.

Thanks

I thought that I should just add, bearing in ming some of the comments so far. The facebook use the company refer to was during my own time and on my own laptop. Not the company's.

I had been more than capable of doing the role I was employed to do, hitting my targets. However when I was moved to a different team despite me asking for relevant training, I was never given it.

Also with regards to proving PI, I have two doctors letters that my GP wrote to the company asking them to change my working conditions as their actions were detrimental to my health. My midwife has also reffered me to couselling which I am currently waiting for an appointment to come through the post.
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Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    I think there are several issues here - your pregnancy, the disciplinary issues and your lengthy sickness absence. TBH I am surprised that they did not dismiss you for the latter reason, which does not appear to be pregnancy related.

    What do you want to happen? Do you want your job back?
    Gone ... or have I?
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What does your company handbook say about disciplinary procedures? Gross misconduct is usually a sack on the spot offence but those offences should be listed in your handbook. If what's went on isn't listed as gross misconduct you have to appeal their decision all the way as per company policy. Only then can you take it to tribunal.
  • Ideally I don't want to return as I doubt they have my best interests at heart and would just continue to push until I walked away from the job or went insane.

    They are saying that it falls under falsifying company documents but I strongly disagree.
  • woody01
    woody01 Posts: 1,918 Forumite
    GlasweJen wrote: »
    Gross misconduct is usually a sack on the spot offence but those offences should be listed in your handbook.

    Of course it isn't. Where on earth do you get this information from?
    All disciplinary action warrants an investigation.

    The days of sacking someone on the spot and getting away with it are long gone.
    Anihilator wrote: »
    So basically your being sacked for being generally incompetent and taking the mick and your pregnancy is entirely irrelevent.
    This sounds about the strength of it, and you see the pregnancy as a possible ransom note to your old boss.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Ideally I don't want to return as I doubt they have my best interests at heart and would just continue to push until I walked away from the job or went insane.

    They are saying that it falls under falsifying company documents but I strongly disagree.

    So what do you want? You could go through the whole appeals/ ET process and then come out with a result you do not want.

    If you are looking at a PI claim, you really need specialist advice, and not from a no win no fee solicitor. PI claims for psychiatric injury are very difficult to prove (and on the information given, the outcome is far from clear), and awards are not particularly high.
    Gone ... or have I?
  • There's always one. I have always grafted as hard as I can. And was moved into this job from another role and was never given any proper training and I do think that if you had seen me at my lowest points you would quite possibly have a very different view.

    Your comment is horrible and distastful anihilator. You do not know me or what I have been through with this whole scenario and furthermore I asked for advice from people not comments to kick me while I am down. But thank you for your comment.
  • ableandy
    ableandy Posts: 265 Forumite
    You say that what you did is standard practice, do you have evidence of other people signing up family members? Has anyone else ever been disciplined for the same thing? Were they dimissed?

    What was the reason for your dismissal - as worded on your dismissal letter?

    What is the issue regarding your salary?
    :jI am an Employment Law Paralegal and an experienced Human Resources Manager and offer my guidance as simply that ... guidance :j
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    There's always one. I have always grafted as hard as I can. And was moved into this job from another role and was never given any proper training and I do think that if you had seen me at my lowest points you would quite possibly have a very different view.

    Your comment is horrible and distastful anihilator. You do not know me or what I have been through with this whole scenario and furthermore I asked for advice from people not comments to kick me while I am down. But thank you for your comment.

    Unfortunately hard work is not always enough to make someone competent in a role.

    There is an issue as to whether your dismissal was fair. However, it does come across that your emotional reaction to the investigation is rather extreme.
    Gone ... or have I?
  • I know that hard work is not always enough but my reasons for being dismissed can not possibly be my fault as I was unaware that I had done anything wrong due to lack of training.

    My emotional reaction is quite possibly extreme however I am so scared that I will not be able to give my child the basic of things when in my eyes the reasons for dismissal are unfair and I am not at fault for the company's lack of training.
  • ableandy wrote: »
    You say that what you did is standard practice, do you have evidence of other people signing up family members? Has anyone else ever been disciplined for the same thing? Were they dimissed?

    What was the reason for your dismissal - as worded on your dismissal letter?

    What is the issue regarding your salary?

    I don't have any evidence that other reps have done this as I dont have access to their sales documents. However the person that told me that I was able to sign this deal while she was temporarily managing the team while my manager was away is apparently the person that bought this to the attention of the company.

    They say falsification of paperwork which i strongly disagree that I did.

    The issue with my salary is that they pay from 1st - end of month on the 25th of that month (so in effect you get paid for a week or so that you haven't yet worked) yet even though I returned to work on 10th Feb when pay day came around for the month of Feb I only received SSP for that entire month which they refuse to correct.

    Thanks
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