HELP may get sacked at work for having an abortion

MuffinMama

Really need help with this, last year 2008 was the worst year of my life, I decided to have an abortion, which happened in April I had 2 weeks of in total, after i went back to work I had to return to hospital I had a blood clot which involved having another d&c so again in total had about 3 weeks off for this as was really ill. I returned to work and was left in a sickness procedure. then in December i returned to the doctors as i was still having pain they put me on 2 lots of anibiotics which lft me unable to get out of bed so i was off work for another 2 weeks all these weeks i had off were all covered with doctors notes. I returned to work just before christmas and nothing was really said at work untill now in Febuary work are going to put me thru a tribunual and may get sacked, I regret having the abortion everyday since having the abortion and am suffering emotionally i just want to put the whole thing behind me and forget about it, but work are not letting me and i feel i am behind treated unfairly, As i was already in a sickness procedure work was supposed to be giving me sickness reviews every 3 months which i have not had since june, this is supposed to be one of there processes. I am also in councilling to try and help me


any advice anyone could give me would be great

Thanks

maninthestreet

What sick leave, if any, have you taken since you returned to work 'just before Christmas'? You cannot be sacked simply for having an abortion - it's the time you have taken off work on sick leave that is the issue.

mrcow

I think you need to separate the issues here.

It doesn't sound like your work are vicitmising you for having an abortion. Or that they are actively preventing you from "moving on". Waving a victimisation flag in the air will not work unless you are sticking to the facts. Has anyone implied to you directly that you are being vicitmised because of the abortion? It's a very serious complaint to be making against a person or company. You need to be sure of your facts and have back up to prove it.

Also, when you say a "tribunal" do you mean a disciplinary? If so, they will have stated the reasons for this in writing to you.....what does the wording actually say.

littlestar1981

Where I work anything pregnancy related absence, including what you have described, is recorded but does not count towards any warnings/disciplinaries. Is there nothing like that where you work?

MaximumImpact

Hi...I second the other posters. I think you need to separate the 2 issues. Firstly, they are calling you to account over your sickness. Did you tell them what the sickness was for? How much sickness have you taken in total for this financial year?

Secondly, you say you were already in a sickness procedure. Without being rude, do you have a bad sickness record prior to the April incident and continuation?

Can you advise how long you have worked for the company? What does their sickness policy state? There are many questions to be answered before anyone can point you in the right direction.

Everyone is here to help but the title of your post is very misleading and it might be prudent to change it.

ceridwen

Hmmm....you HAVE had a time of it from that abortion...

Well....THE basic thing that is striking me is that men dont have abortions....errr...just to state the obvious. In other words the words "sex discrimination" are hovering in the air here. This extra time off sick was purely and simply because you are a woman - as a man wouldnt have had an abortion - wouldnt have had that sick leave.

So - I dont know the law on this for sure - but it could be that you would be able to bring a sex discrimination claim if they impose any penalty on you because of abortion-related sick leave. Well worth checking......

987654

To confirm what has already been said, I presume it is the amount/ frequency of your absences which is unacceptable to the company.

Have you told them the casue of your absences or have you hidden the true reason you were off (which would be understandable), If you have hidden this, you will have to be honest with them at this time.

Pregnancy related absences are usually discounted from attendance standards, you may wish to provide your manager/ personnel with medical evidence about the reasons you were off.

SomeBozo

Your not getting sacked because you "had an abortion".

You have had lots of sickness and may get sacked through capability. ie that you are incapable of doing your job you are paid to do because of your sickness absence.

The reason for being off could be an abortion or a bad cold, its the absence from work thats the issue.

It aint a gender issue as Ceridwen states (I roll my eyes at her comment).

Its a sickness issue.

You sound like you need emotional support because of the abortion, hope you get well soon, but this is a separate issue to employment law.

Bozo

surreysaver

ceridwen wrote: »

Well....THE basic thing that is striking me is that men dont have abortions....errr...just to state the obvious. In other words the words "sex discrimination" are hovering in the air here. This extra time off sick was purely and simply because you are a woman - as a man wouldnt have had an abortion - wouldnt have had that sick leave.

I don't think you can go down the sex discrimination route just because its something only a woman can be sick with. A man can also be sick with things a woman can not. The only thing that a woman is protected with is pregnancy related sickness, and an abortion I suppose could be related to that - if it is medically advised to terminate the pregnancy. If it is an elective abortion, then it may be different - but then would you be under any obligation to tell your employer what sort of abortion it is?

surreysaver

ceridwen wrote: »

So - I dont know the law on this for sure - but it could be that you would be able to bring a sex discrimination claim if they impose any penalty on you because of abortion-related sick leave. Well worth checking......

I doubt it - unless you can claim you were advised by doctors to terminate the pregnancy, in which case it would go down as pregnancy related sickness.

cazziebo

Just to clarify, men or women can claim sex discrimination.

However, this is NOT about discrimination, it is about absence from work and therefore failure to fulfill the contract of employment. The OP has already said she is in her company's absence management programme, and has had further episodes of absence. If it is correct that the company is not adhering to their own procedures, ie missing review meetings, then if the result is dismissal then she will have a case to go to tribunal - on procedural grounds. Not saying she will win, but that's the only grounds I see for grievance.

However, I do think the OP should be thinking about further help and continue with counselling. An early stage termination (which if it was D&C was early stage) should not have these lasting physical effects.