Disciplinary while on maternity..

purpleclaire788

Hiya Guys,

I'm hoping someone might be able to help.

My Whole team is getting a disciplinary Tuesday for Gross Misconduct (4 of us in total) unbinonsed to us, we were doing something totally wrong and "grossmisconduct" applies, and I presume we will all be dismissed.

However I am on week 6 of Maternity leave, was summoned into the office yesterday with the baby for "investigation" purposes...

Firstly I feel that they were totally out of order asking me to go in (sleep deprioved, with a sreaming baby, stitches etc etc) and I have asked for the matter to be dealt with upon my return in October.. not yet received a reply..

I dont intend this gross misconduct to go on my record, and would prefer to hand my notice in beforehand, however if I do, am I still entitled to my SMP till October (I have been working there 6 years) or does it end after my notice period?

I cant find another job, as my baby is only 4 weeks, and honestly Im not fit for working at the moment! but I dont want this blip on my CV either!

Any advice mucho appreciated!!:D

fengirl_2

Did the meeting go ahead and were you told of your right to be represented? How long have you worked there?

Zazen999

How can your whole team be doing something wrong to warrant gross misconduct? Were you all trained to do this thing, and does it vary from the procedures in any way? They would be on a sticky wicket if they trained you to do it this way and it was later found to be Gross Misconduct.

kingfisherblue

Is it something that has happened whilst you have been on maternity leave? I can't see an employer waiting six weeks or more before calling everyone in for a disciplinary (when they have no idea what it is about!), so it seems that it may be something that has happened since you have been on maternity leave - in which case, surely you shouldn't be called in at all, as it is not something you have done? the only exception that I can think of is if it is something that your team has been doing for a while and the management has only just found out. (Hope that all makes sense!)

If you are in a union, I would contact them straight away for advice. You might also want to contact Maternity Alliance as they will be able to advise whether you can be summonsed into work whilst on maternity leave. I have no idea whether this is allowed or not, under the circumstances.

Incidentally, gross misconduct does not always lead to dismissal - you might get a written warning first. I've just re-read your post and you state that you were all doing something wrong but didn't know. Is it a training issue? Could you ask for clarification on the correct way to do things and get additional training on your return from maternity leave?

dickydonkin

purpleclaire788 wrote: »

Hiya Guys,

I'm hoping someone might be able to help.

My Whole team is getting a disciplinary Tuesday for Gross Misconduct (4 of us in total) unbinonsed to us, we were doing something totally wrong and "grossmisconduct" applies, and I presume we will all be dismissed.

However I am on week 6 of Maternity leave, was summoned into the office yesterday with the baby for "investigation" purposes...

Firstly I feel that they were totally out of order asking me to go in (sleep deprioved, with a sreaming baby, stitches etc etc) and I have asked for the matter to be dealt with upon my return in October.. not yet received a reply..

I dont intend this gross misconduct to go on my record, and would prefer to hand my notice in beforehand, however if I do, am I still entitled to my SMP till October (I have been working there 6 years) or does it end after my notice period?

I cant find another job, as my baby is only 4 weeks, and honestly Im not fit for working at the moment! but I dont want this blip on my CV either!

Any advice mucho appreciated!!:D

So you have obviously been on maternity leave for some time, therefore how long ago did the 'offence' take place?

You have given insufficient detail as to what the breach was, however, due to the fact there was 4 workers involved and you were seemingly all unaware that you were doing wrong, if this was operational related, there could be a lack of communication and/or training that contributed to the breach - therefore, there is a possibility the company could be partially to blame.

As for your 'condition', there is nothing to stop the company taking disciplinary action while you are on maternity leave, providing there is no discrimination relating to your condition, however, where they could have potentially overstepped the mark is holding the investigatory meeting and demanding your attendance during your period of compulsory maternity leave (2 weeks after childbirth??), however, some legal bod might just need to confirm that.

In any case, there may be an element of potential detriment to your own health & welfare being placed in such a situation so shortly after giving birth.

I am also assuming you have had written details as to why the disciplinary action is being taken against you and your colleagues and they also should have explained your rights to be accompanied at any subsequent disciplinary hearing(s), however, if (as you indicated) your first meeting was for investigation purposes only, there is no legal requirement to be accompanied as such meetings.

More info would be helpful though.

I would not resign if I was in your position however, if you are dismissed, you should still get your entitlement to SMP.

purpleclaire788

fengirl wrote: »

Did the meeting go ahead and were you told of your right to be represented? How long have you worked there?

I was phoned Thursday morning, and asked to come in that day, I had no idea what it was about, so got myself and the baby together and went in, apparently it was an investigatory meeting.. I was told I would have a disciplinary Tuesday, then I got the minutes of our meeting and details of the D/Hearing in the post Friday.

Zazen999 wrote: »

How can your whole team be doing something wrong to warrant gross misconduct? Were you all trained to do this thing, and does it vary from the procedures in any way? They would be on a sticky wicket if they trained you to do it this way and it was later found to be Gross Misconduct.

Basically we were never told how it works, there was no guidance given at all for referring claims (see below for what I Do)

kingfisherblue wrote: »

Is it something that has happened whilst you have been on maternity leave? I can't see an employer waiting six weeks or more before calling everyone in for a disciplinary (when they have no idea what it is about!), so it seems that it may be something that has happened since you have been on maternity leave - in which case, surely you shouldn't be called in at all, as it is not something you have done? the only exception that I can think of is if it is something that your team has been doing for a while and the management has only just found out. (Hope that all makes sense!)

If you are in a union, I would contact them straight away for advice. You might also want to contact Maternity Alliance as they will be able to advise whether you can be summonsed into work whilst on maternity leave. I have no idea whether this is allowed or not, under the circumstances.

Incidentally, gross misconduct does not always lead to dismissal - you might get a written warning first. I've just re-read your post and you state that you were all doing something wrong but didn't know. Is it a training issue? Could you ask for clarification on the correct way to do things and get additional training on your return from maternity leave?

Basically I work in the personal injury industry (yeah I know, groans all round - lol, but it pays the rent!) I deal with claims from start to finish, and basically what all 4 of us had done was referred new claims from existing clients, incorrectly to an external referral company. Apparently what we should have done was given the details of the new claim to our boss to take on.. we were getting paid by the referral company, whereas not getting paid by our boss... I (all of us) had no idea this was wrong, and apparently it is a "scam" (word used alot by my boss)

This happened around October-Dec 09, but apparently has only just come to light now. I think it is a training issue, as apparently an email was sent around on the day it came to light to the whole company explaining that this was not on!!

Unfortuantly not in a union

Thanks for all the replies so far guys :)

Pitlanepiglet

There are a number of helplines run by the Law Society, I'm not sure if they will help you if you are not qualified staff but I'd give them a ring and have a chat. If you are Ilex I imagine they have a similar scheme.

dickydonkin

The reason I suggested in my previous post that due to the fact all four of you were being disciplined could be down to training issues and the misperceptions that you were doing your job corrrectly. It would seem that is the case.

The monitoring of workers and company systems seems lacking as well.

This is blatantly a training issue and on the basis of your posts, I would find it difficult for the company to dismiss you and your colleagues and it seems they are lashing out even though the problem seems to be self inflicted.

I (all of us) had no idea this was wrong, and apparently it is a "scam" (word used alot by my boss)

I don't think the company would like the above statement to be quoted at a tribunal. Hopefully, they are just sabre rattling and you will all get away with a slapped hand.

diable

I think they are trying to do you over, take proper legal advice and I am not sure if they are allowed to contact you while you are on maternity leave. Seems to me that someone higher up screwed up an you 4 are going to get the blame heaped upon yourselves.

Zazen999

purpleclaire788 wrote: »

Basically I work in the personal injury industry (yeah I know, groans all round - lol, but it pays the rent!) I deal with claims from start to finish, and basically what all 4 of us had done was referred new claims from existing clients, incorrectly to an external referral company. Apparently what we should have done was given the details of the new claim to our boss to take on.. we were getting paid by the referral company, whereas not getting paid by our boss... I (all of us) had no idea this was wrong, and apparently it is a "scam" (word used alot by my boss)

What were you actually taught to do with new claims?

jdturk

diable wrote: »

I think they are trying to do you over, take proper legal advice and I am not sure if they are allowed to contact you while you are on maternity leave. Seems to me that someone higher up screwed up an you 4 are going to get the blame heaped upon yourselves.

Being on maternity leave doesn't give an automatic right to no contact from your employer, however if it is continuous and tantamount to harrasment then there is a problem