Can they sack me?

Fishcake_Random

Hey,

I have been signed off work due to mental health problems since the middle of may and my current sick note runs out at the end of October.
A few weeks ago I found out I was pregnant and after much soul searching I have decided to keep the baby and care for it myself. Not wanting to "mess" work around I informed them roughtly 1 week ago in writting to both my manager and the companys head office that I was 10 weeks pregnant and asked if I needed to send them any futher proof etc. I also asked how my sickness record would affect my maternity rights etc.
Today I recieved a letter from my area manager calling me into a meeting on the 3rd of september with himself and member of head office for a meeting regarding my long term absence from work.
Personally I have read that as "Disaplinary" and am suspicious that they are intending to get rid of me. However I don't know if they were/are aware of my pregnancy, and if this is what has brought them to this action. Basically, are they giving me the boot because of the pregnancy??? Would you also find their timing suspicious??? Can I be fired for being ill for so long when I have had doctors notes and can give them reports from other members of my mental health team to prove my illness???

Sorry for the long post, and the late posting time. This is swirling around my head and I can't sleep.

Please help
x x x x

foxxymynx

many employers want to speak with their employees while they are off sick and have been for a while

Fishcake_Random

I'm so terrified that I will loose my job and not be able to work untill the end of October by which time I will be 5 1/2 months pregnant and no one else will employ me then, or even look at me twice will they?
And i'm guessing i cannot claim for anything while im signed off and unemployed.

elle_gee

Fishcake_Random wrote: »

.. And i'm guessing i cannot claim for anything while im signed off and unemployed.

Take a look at www.direct.gov.uk, particularly at the Employment Support Allowance and Maternity Allowance sections

cazziebo

This is not disciplinary - it's standard practice to meet with employees on long term sick either to find out how long the absence is likely to continue for so the employer can manage the business, or to determine the best way to get the person back into work. (And in fact, it is quite negligent for an employer not to make an effort to keep in touch with absent employees).

Now, having said that, not all employers will handle these meetings sensitively and professionally, What is your company's absence policy? You may want to ask for a copy of that prior to the meeting.

The answer to your question is that yes, employees can be dismissed due to long term absence. The Disability Discrimination Act can make it difficult but not impossible. However, most employers would be extremely reluctant to fire a pregnant employee because it is such a minefield.

Can you take a colleague to the meeting with you? Someone taking notes will help you remember what was said, but will also discourage the employer from saying anything "out of line".

Congratulations on your pregnancy! :T

Zazen999

Did the letter mention that you can bring a union member or a colleague into the meeting with you?

As you have advised them of your pregnancy, I suspect they are meeting with you to arrange and manage you back to work with the pregnancy in mind.

It would certainly be a short sighted employer who dismisses a pregnant woman, regardless of the sick leave; no matter who else comes on here and starts giving you grief [remember that in case anyone does come along and give you grief].

I would expect at that meeting, for them to discuss with you:
when you are coming back
what workload you will be expected to take on
whether you will need reduced hours in the first few weeks
to arrange a pregnancy risk assessment on your role
anything else that they or you think are relevant to ensuring that you return to work fit and healthy

Had you NOT written the letter, they might well have tried to dismiss you on capability grounds, but in a moment of genius you have notified them that you are pregnant and thus the picture changes.

If they deny seeing the letter, personally, I'd refer them to their post in box and adjourn the meeting until they had a chance to catch up on paperwork...but that's just me.

Have you still got the envelope; and do the letter dates and postmark match - ie have they tried to backdate your letter to make it look as if they sent it several days before they would have received your letter? Just another little trick they might play if they are that way inclined. ie - get the letter out quick to make it look like they were doing this before they got your letter.......

Good luck, stay strong and I hope the meeting goes well.

svjenni

Now, having said that, not all employers will handle these meetings sensitively and professionally, What is your company's absence policy? You may want to ask for a copy of that prior to the meeting.

Agreed - being a line manager myself i am surprised that this was not included in the letter

If it is a formal meeting you probably have the right to a union rep or friend/ collegue attend the meeting with you which may be worth looking into if you are feeling nervous

Pssst

They took their time "speaking" to you. mine would want to speak to me on the first day of sickness, a few days later and if it was longer term, very soon after that. You have been off sick with "mental illness" for quite some time. I assume you mean stress? Theres a lot of it about.

Unless you have a condition which is covered by the disability discrimination act then an employer can take the view that they wish to dispense with your services are you are not fulfilling your contract of employment.

A stack of doctors sick notes has little bearing on the matter and simply confirms his opinion of your condition. They are not licences to have more time off work.

Has your employer been in regular contact with you since May and if so,what was the outcome of such contacts?

Is it your intention to keep drawing pay during your pregnancy then leave anyway?

Uncertain

This is a situation where you need to get some good advice and assert your rights.

As others have said you can be dismissed for long term sickness (capability) but there are a number of steps the employer must follow for this not to be "unfair".

Being pregnant complicates this (from the employer's point of view) and may well help your position - which is why you need advice.

I would also talk to your doctor ASAP. If you are not well enough to be at work for mental reasons he may well take the view that you are not well enough to attend this type of formal meeting. If he is prepared to say so your employer will have to deal with everything in writing which gives you time to take advice and think about each response.

Your firm might ask for a doctor's report. This can only be done with your consent (normally best to agree) and you have a right to see the report (and discuss it with your doctor) before it is sent. If you and your doctor cannot agree he must add a statement of your views to the report. Your firm will have to pay for this. The may also ask you to see an occupational health specialist (again at their expense). It would probably be best to agree.

It is for your doctor (not your firm or some of the less than helpful posters on this forum !!!!) to decide if you are ill. The law gives you certain rights, do not hesitate to insist on them.

Uncertain

SueSueSue wrote: »

Depending on the type of work I am guessing the company (and probably rightly so) will be of the opinion that if your fit enough to get pregnant; carry a pregnancy through and then bring up a child that your fit enough to return to work.

I would also suggest that if you dont go back soon then you will be looking at capability dismissal

It is not for the company to make medical judgements.

Fishcake_Random

Thank you all for your answer, you have all really helped me settle some things in my mind. I can see I am not the only one who is slightly suspicious of their timing.
elle-gee - thank you for the link the website is fantastic.
cazziebo - I have no idea about the companys policy but I will request a copy this afternoon.
Zazen- the letter made no reference to being able to bring someone but I am going to ask them if i can bring someone myself.
Pssst; This is the first contact I have had with them other than dropping in sick notes since the begining. I am signed off with schizophrenia, i`m not sure if this changes things.

Thank you again everyone
x x x