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pregnancy related sickness at work

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  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I'll give them a call today.

    I know what you mean. I was told verbally that everything else was fine. My scan speeds and uniform etc. During the meeting we had I was also told that I could 'always come back and reapply'.. Kicking myself that I didn't answer, 'what? after I've had the baby do you mean?' :banghead:
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    What I mean is: if they only kept on half of the people, they can probably legitimately claim that the decision was business-related and not discrimination-related. Although they'd have to show why it wasn't.

    If you were the only one released, then that's different.

    Sounds like typical retail to me. Some supermarkets (*cough*Morrisons*cough*) are appalling.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    What I mean is: if they only kept on half of the people, they can probably legitimately claim that the decision was business-related and not discrimination-related. Although they'd have to show why it wasn't.

    If you were the only one released, then that's different.

    Sounds like typical retail to me. Some supermarkets (*cough*Morrisons*cough*) are appalling.

    I think they may try and fall back on that excuse but it will be nice seeing them squirm for that reason.

    I received a copy of the minutes today from the meeting. Makes uncomfortable reading particularly for me but the reasons they outlined had nothing to do with not having enough positions available.

    SS: Do you know your current absence rate?

    Me: I'm on red form but unsure of actual percentage

    SS: Okay, it stands at 7.14% on 2 occassions, which clearly exceeds company target of 3% 2 occassions. On your initial application form Rachael, you clearly stated your availability would be 7am-10pm 6 days a week and on Sunday 8am-10pm, it would be fair to say since joining the team you actually haven't been nearly as flexible and 0 flexibility- fair to say.

    Me: Well before I found out I was pregnant, I was put down for overtime but was unfortunately sick on the shifts which has affected my flexibility.

    SS: Looking at initial reason taken on was for amount of flexibility shown. Clearly isn't the case. Is that fair to say?

    Me: Since medication I haven't called in sick.

    SS: On just one shift a week. Anything else to ask?

    Me: No

    SS: Okay we'll adjourn now, please take a seat in the canteen.



    Adjourn 14.20pm

    Reconvene 14.28pm



    SS: I believe we have been fair and reasonable adjusting your shifts to a later time, I believe neither your reliability or flexibility neither meet the needs of our business, so its my decision your contract will terminate on 17 August.

    ... that was a fun meeting
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Oopsie. Not very clever of them to have minuted it that way.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It was such a ridiculous meeting. I almost laughed because there were two of them there which I wasn't expecting. The HR manager as well as the supervisor. The HR manager took the minutes by hand. We sat in silence at the begining awkwardly and the supervisor kept looking at the HR manager for her to tell her to start. Then after the supervisor had began, the HR manager kept saying 'Stop' every 4 words. So it actually took quite a while for them to tell me that they weren't keeping me on.

    Oh and then 'adjourning'. Silly people
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Just wanted to update.

    I sent a letter to the supermarket telling them that I wished to appeal. I sent it out on the 12th... No reply. So I sent out another letter on the 22nd this time recorded delivery.

    I had a phonecall from the HR Manager telling me that they had received the letter and that she was waiting on another manager to get back to her who needed to be present at the meeting but would send out a letter once it had been arranged.

    I still have heard nada and am aware that the employment tribunal have a certain time frame, so I rang them and told them I felt the employer were dragging their heels. He's sending me out an ET1 form and that would cover the deadline problem.

    I also rang ACAS and she suggested waiting for the employer to get back to me as the deadline would be in 3 months time in November. Then after the appeal meeting possibly contacting ACAS again to do a 'conciliation service' which apparently is less formal and quicker than a tribunal.

    I'm thinking about just sending the ET1 form anyway to cover my back but am unsure whether it would just be rejected as I havent been through the appeal yet
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You need to be able to show that you've shown willing - so if they've said they're waiting for another manager to get back, and you know you've got 3 months then you need to give them a chance to respond before you start going down the tribunal line.

    If you get closer to the 3 month limit then submit the form, for the time being, do what ACAS say.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You need to be able to show that you've shown willing - so if they've said they're waiting for another manager to get back, and you know you've got 3 months then you need to give them a chance to respond before you start going down the tribunal line.

    If you get closer to the 3 month limit then submit the form, for the time being, do what ACAS say.

    Yeah it is 3 months. For some reason I thought it was less. I'm gonna hang onto the form and just wait on the supermarket. I'll give it a while longer
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Another update.

    I had my appeal meeting finally today.. after they cancelled on me last minute 3 seperate times...

    I could tell I was with a person who was obviously higher up. Made such a change from last time. 'Ooh be careful of the door handle' .. 'Have a seat here you'll be more comfortable'. Too little too late though.

    Their arguement is now 'It was a temporary position. It was ended for no other reason'. Despite me having it in the minutes from the last meeting that it was for absence and flexibility. It just went round in circles with me saying that and them saying that I signed the contract for a temporary position.

    I was getting sick of it so decided to throw in the details about my supervisor wanting me to stay at work and not go to a and e despite potentially miscarrying. Ahh he was fuming. Cue 'adjournment' :D

    I got 'Why did you just bring this up now?'. So I said 'Well why not? Would it had made any difference? I think it shows that I have a pretty strong case for pregnancy discrimination'.

    Anyway no other drama apart from that. They aren't going to overturn the appeal or anything so it's the last time I have to be in that crappy store, ever. Theyre sending me out the minutes again and then it's onto the employment tribunal. Fingers crossed.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You go girl :)
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    thanks :)
  • Indrid ColdIndrid Cold Posts: 16,688 Skive's The Limit
    Congrats for chasing it, and good luck :)
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I expect to be shot down here, but I really think you would be better off just droping this and moving on. Over late pregnancy and potentially into the time when your child is born you will need to pick and choose which battles to fight and which to let go on a number of things, not just work. Given how little you're likely to ulimately benefit from this even if it goes in your favour, I think I'd be trying to draw a line under it. You can spend your energy on better and more constructive things than court arguments and lining the pockets of lawyers.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mist I don't lose anything apart from filling out a form and posting it to the tribunal. It doesn't cost me anything. I realise that the tribunal may choose to accept the supermarket's decision or it could go in my favour. Either way I haven't lost anything and have just pissed off and probably inconvenienced the supermarket in question. I'd hope that my unborn baby would respect me for at least trying.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mist wrote: »
    I expect to be shot down here, but I really think you would be better off just droping this and moving on. Over late pregnancy and potentially into the time when your child is born you will need to pick and choose which battles to fight and which to let go on a number of things, not just work. Given how little you're likely to ulimately benefit from this even if it goes in your favour, I think I'd be trying to draw a line under it. You can spend your energy on better and more constructive things than court arguments and lining the pockets of lawyers.

    I agree. I know that ultimately it's not right that you think they have dismissed you for pregnancy related illnesses but all that could happen in the end is that you get your job back, right? you won't be working for a while anyway because of baby unless you have childcare sorted and you already hated the job. if they were so unforgiving about letting you go when you thought you might be having a miscarriage then it sounds like an awful place to work. what if your little one is ill while you're there, it doesn't sound like they're going to be supportive at all. I would leave them to it but broadcast it loud and far what they did to you. you know the truth. you're just going to be going through unnecessary stress when you're already well into pregnancy.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I don't want my job back at all and wouldnt take it if they offered it to me. I'd like an apology because as it stands I can't even use them as a reference even though I worked hard whilst I was there. And I'd like compensation.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I don't want my job back at all and wouldnt take it if they offered it to me. I'd like an apology because as it stands I can't even use them as a reference even though I worked hard whilst I was there. And I'd like compensation.

    why can you not use them as a reference?
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Because whilst I know that they aren't actually allowed to give me a bad reference, they aren't exactly going to give me a glowing one. And it's obvious they recorded my absences for pregnancy sickness in the wrong way when it shouldnt have even been counted towards my official absence rate in the first place. Any future employee would take one look at my absence rate and judge me for it.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Also if she won, surely clem should be able to get back the earnings she would have had if they hadn't "unfairly" dismissed her?
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Yup. The maternity allowance would have been pretty helpful had they decided to obey the law and not end my contract based on 3 days off with all day pregnancy sickness.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Also, Mist & Firey, it's apathy like that that means employers are more likely to do it again and again in the future - if employees don't fight wrong doing because it's too much hassle, it will just continue.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sigh. This is not "apathy" this is more accepting the reality of what could turn out to be a protracted legal issue during a stressful time and about being selective around what stress to take on board.

    But whatever, the reaction is pretty much what I expected to see.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mist wrote: »
    Sigh. This is not "apathy" this is more accepting the reality of what could turn out to be a protracted legal issue during a stressful time and about being selective around what stress to take on board.

    But whatever, the reaction is pretty much what I expected to see.

    I appreciate the concern but it's just filling in a form, sending it to the tribunal with evidence I already have and waiting to see what happens. And it's free
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I was discriminated due to my pregnancy

    I would like to ask you to take 5 minutes out of your day to help support me & my family.

    My work discriminated against me and I truly don't know if it I pregnancy discrimination or lesbian discrimination. I lost my job & was fired while suffering a miscarriage. I would be so grateful if you would read my petition and if possible help me promote it. Even just circulating it through your friends or companies via email would be helpful. My goal is to get 100,000 signatures and either push for my job back or a change in company policy.

    http://www.change.org/petitions/startek-change-their-abseentism-policy-and-stop-discrimination

    Thank you for any help or signatures you can provide!

    Melinda
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I'm sorry to break this to you but this is a UK based website, although there are some American users do frequent these parts, they are in the minority. We are likely without any knowledge of how US employment law works etc. However I would say that if you have a case to answer, do you guys in America have anything like we have over in the UK in form of appeals against the company decision? If so it would be best to approach that avenue rather than using a petition that a company does and probably won't listen to.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    ooh kinda slight update.. I have been given a case number by the tribunal. Theyve accepted the claim.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Petition

    No, unfortunately I don't have any options to pursue my case other than this petition. The Family Medical Leave act doesn't take into effect until I have been employed for a year. I reached out to the labor board and they say I fall into a grey area. I have recently seen a trend in companies changing their policies due to high responses to petitions. At this point I'm pursuing every possible option or avenue to increase my chances in getting this decision reversed.
  • Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    So the US has nothing like unfair dismissal laws?

    http://www.eeoc.gov/laws/statutes/pregnancy.cfm

    You state that you don't know if the alleged discrimination took place because of pregnancy or being a lesbian? Have you any indications about why it might be either of those? I only ask because if you could bring some form of case, if you yourself can't decide which it is, how would you bring a case about it? I say this all whilst in the knowledge that I'm not an expert in UK law, never mind US law, so I would seek more legal advice because even if the petition gets a hell of a lot of responses, the company in question doesn't have to listen to it. Also, I don't think getting signatures from the UK will help.
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