Absence from work because of pregnancy but not realising it was caused by pregnancy

Weave

Hi


Can anyone clarify how employers are legally allowed to handle absence from work in the early stages of pregnancy before the employer has been informed the absence is caused by pregnancy?


My wife had 2 days leave with sickness before they or we knew she was pregnant and then two doctors appointments (left work for an hour each time) to check baby was ok when we knew. This all happened in the space of about 7 days and before the employer knew she was pregnant. The employer has now been told she is pregnant even though it is still very early on as she cant hide the morning sickness.


Employer is stating she is 'unreliable', in part due to the above sickness. They are saying they can count the absence towards disciplinary action as they did not know she was pregnant at the time even though that was the cause of the absence.


Is it correct that only pregnancy related absence after the employer has been informed of pregnancy is ignored for the purposes of a disciplinary etc?


There is a discrimination argument going on that we need to understand our rights for.


Thanks.

Guest101

Worked there how long?

Weave

Hi Guest101. That's a complex issue that I don't want to address in this specific thread as I know it is affects her situation. She is on a 6 month temp contract that is due for renewal on 01 January. They are not renewing but have stated it is because she is unreliable for being absent which opens the door for discrimination. I know they don't have to give a reason but they have.

heartbreak_star

Can't a company dismiss you/not renew contract for any reason in the first two years?

HBS x

Tigsteroonie

But if they have given a reason, and if that reason is discriminatory (if pregnancy illness is being incorrectly counted), then could there be a case for discrimination?

If they hadn't given a reason, no issue.

nannytone_2

on your other thread you also mentioned that she left work early and went to work late.
you thought the fact she told them that this was happening made the lateness/absenxe Ok.

the contract hasn't been renewed for more reasons than morning sickness ( including an unsatisfactory reference)

nannytone_2

Tigsteroonie wrote: »

But if they have given a reason, and if that reason is discriminatory (if pregnancy illness is being incorrectly counted), then could there be a case for discrimination?

If they hadn't given a reason, no issue.

read the OP's earlier thread.
the information given here is only part of the story

Weave

Spot on Tigsteroonie! They gave a reason when they did not have to.


Anyone know if they are allowed to count the pregnancy related absence before they were told about it being pregnancy related?

Tigsteroonie

nannytone wrote: »

read the OP's earlier thread.
the information given here is only part of the story

I do dislike people who drip-feed in multiple threads.

Tigsteroonie

Weave wrote: »

Anyone know if they are allowed to count the pregnancy related absence before they were told about it being pregnancy related?

Haven't a clue - sorry - both my recent pregnant team members told me very early on [sworn to secrecy] so that any absence would be covered. But if you get a legal/definite answer, I'd be interested to know.

Weave

Hi Nannytone. We have had a meeting with the employer today and their primary argument is the absence in November which was caused by the pregnancy.


I have asked this point on a separate thread to try and avoid muddying the waters with the other issues just at this point.


The point I'm trying to understand now is just this one -


Anyone know if they are allowed to count the pregnancy related absence before they were told about it being pregnancy related?


Thanks.