Resign or hand in my sick note?

[Only J]

Well where to start... My life is pretty good I think, despite many of the challenges over these past months.

I'm faced with a dilemma that to be honest I'm really having trouble working out the answer to.

I have been in my job for 3 and a half months and I took it as a step towards developing me career. I was sold on the job, the salary and the plans for company and service development and was super excited to start. Then I found out I was 3 months pregnant... Of course I had to tell my employer but during my training period my trainer guessed, I confirmed her suspicion and she ran off and told the boss. Since then my employer and senior staff have made my life in the job impossible placing considerable pressure on me at work, unfair shifts, constantly criticising my work, refusing any leave, the list goes on...

None of these things bothered me I thought until I started to get sick with it - urine infections, migraines then suddenly high blood pressure.

I'm pretty stubborn so I thought stick it out, take early matty leave (next month) and then relax into what should be an enjoyable pregnancy. This was great and worked for a week... then I receive an email from my employer accusing me of misconduct, poor attitude, poor performance and behaviour. I was in total shock and distraught to be honest. I felt so ashamed that someone could see me to be like that as I consider myself to be consciencious and kind! This sent my blood pressure through the roof again and my doctor has signed me off until mid-march with stress!

I'm really unsure about what to do... I can't afford my flat on sick pay or maternity allowance, my husband is not around at the moment as we are waiting on our spouse visa (it's been 6 months...) and if I'm off sick then I can't do anything to earn a penny, not even in a shop or dog walking!!!

I just don't know what to do... my family are miles away, as is my husband and most of my friends. If I hand in this sick line then that's it until after the baby is born - no income to speak of. If I quit I am free to work self employed, freelance, I duno but find something to make ends meet.

What would you do?? :Scared:

 

[*Carly*]

I'm not hugely familiar with your situation, but I can tell you one thing with certainty: discrimination towards you because you are pregnant is illegal and taken seriously!

Write down every single thing that has happened to you, as well as how it has affected you. Try to date everything as best as you can. If you have emails, documents or anything that you can use as evidence, gather them all together. Make an appointment with the Citizens Advice Bureau and see what they say. This is a situation that you should never have been put into and you do have rights!

:hug: xx

 

[Only J]

Thanks Carly,

(We're a right pair today)

You're right and it's clearly discrimination but I believe you have to pick your battles, and this one is so stupid already plus I feel like I've reached my limit of fighting for things at the moment. There are so many more satisfying things I have on this employer, should I care to remember them in the future, that would damage them further than any maternity claim...

I don't really like confrontation and would prefer to disappear from them and get on with my life, I'm just not sure which is the better situation to be in - signed off sick or unemployed...

:hug: XXX

 

[xxAmyxx]

Print off emails, keep a journal of everything that happens. Stand your ground! You'd be better off signed off sick than being unemployed xx

 

[*Carly*]

Thanks Carly,

(We're a right pair today)

You're right and it's clearly discrimination but I believe you have to pick your battles, and this one is so stupid already plus I feel like I've reached my limit of fighting for things at the moment. There are so many more satisfying things I have on this employer, should I care to remember them in the future, that would damage them further than any maternity claim...

I don't really like confrontation and would prefer to disappear from them and get on with my life, I'm just not sure which is the better situation to be in - signed off sick or unemployed...

:hug: XXX

Aren't we just! :hug:

Personally I'd fight it. You shouldn't be put in this situation. CAB are likely to put you in touch with Legal Aid and they should ensure stress prevention would be a priority as you are pregnant. I'm telling you right now, the payout you would get would sort you right out. They are in the wrong and wouldn't want to take this to court. We aren't living in the dark ages and discrimination is taken very seriously.

However, I can totally understand you wanting to get out of the situation entirely! Who wants the added stress?!

I'm really unsure about what to do... I can't afford my flat on sick pay or maternity allowance, my husband is not around at the moment as we are waiting on our spouse visa (it's been 6 months...) and if I'm off sick then I can't do anything to earn a penny, not even in a shop or dog walking!!!

I just don't know what to do... my family are miles away, as is my husband and most of my friends. If I hand in this sick line then that's it until after the baby is born - no income to speak of. If I quit I am free to work self employed, freelance, I duno but find something to make ends meet.

I know it's hard, but I think you've answered your own question :hug: I still think you should pop to the CAB to find out if you are entitled to any benefits if you end up struggling to pay bills etc. Good luck xx

 

[CHarvey]

Your employer has the right to make you take maternity leave early if you are signed off poorly for a period of time during pregnancy.
I was in a similar situation, had been at my job 7 months though when I found out I was pregnant. I then contracted pleurisy and had to tell my boss I was pregnant as I was unable to take the medicines to clear it up and had to ride it out, was off for 16 weeks!!
When I got back my boss would only communicate with me via post it notes, if I walked in to a room, he walked out. He canceled the Xmas party and even moved a new girl into my cutting section so I had to work in a horrible section with no natural light. My clients all got booked in with the new girl and when I spoke to them they said " oh we were told you were booked up until u were on maternity leave so booked in with someone else"
I went home every night in tears.
My partner really pushed me to she for constructive dismissal and sexual discrimination but the moment I walked out on maternity leave (at 35 weeks, he didnt say goodbye even!) I concentrated on my baby. She was born 3 days after my last day and she became my focus, instead of this horrible "man", so I can see why you don't wont to sue. I'm glad I didn't, he had already ruined my pregnancy, I wasn't going to let him ruin my precious time with Emmie too.
I put the shi77ers up him though, I told him I was taking additional maternity leave (to make it a year) and I'd definatly be coming back, kept up the rouse until four weeks before when I "changed my mind" and went somewhere else lol

 

[CHarvey]

Oh but do not resign! Hand in your sick note. You may lose out on maternity pay from the government if your not in employment x

 

['chelle]

I wouldnt resign, but if you do decide to resign you should bear in mind that when your employer makes your life so unbearable that you feel no alternative than to resign there's potentially a case to claim for constructive dismissal. From the facts that you have described so far you have a very strong case. My advice to you is to hand in your sick note, take sick leave with immediate effect, consult an employment law solicitor urgently (most do free initial consultations and no win no fee agreements), and get your case to employment Tribunal. Usually you have to work for an employer for 18 months to be entitled to your full range of employment rights but some things qualify from day one, and discrimination relating to pregnancy is one of them.

As a small business I can understand how they might feel short changed having given you a job for you to turn round almost immediately and say you'll be going on maternity leave at a considerable cost to them, but the laws the law and if you employ people you observe it, end of. There's ways and means of dealing with things and the way in which you have described isnt one of them. Go to a solicitor or contact ACAS and see what you can do, but do take that sick leave.

 

[nikkib]

If you began employment after April 2012 then your employer can terminate your employment at any point within 2 years and its legal. Not nice but true.

You could only take it to a tribunal if you can prove discrimination so keep a record of anything discriminatory, keep a diary with dates and times etc.

you have the right to stand up for your statutory rights without the threat of dismissal etc.

 

[nikkib]

I also think the email you have received about poor performance is to cover their own backs in regards to discrimination but they would need to be able to back the allegations with evidence.

Are you a member of a union?

 

[Only J]

Thanks folks.

I've got a lot to think about...

I'm going to hand in the sick line because if nothing else it buys me time to gather perspective and as you said, it is better to be sick than unemployed...

CAB in the morning for me!

X

 

[Sarah89Nails]

I would check up on maternity allowance, when I was in a job and also found out in the first few weeks I was 3 months pregnant the maternity allowance rules were if you were employed for something like 26 weeks you qualify, if you are off sick for I think 4 weeks then they have to start your maternity leave which may mean you won't qualify, so check that out so you know where you stand with maternity pay. As far as I'm aware if you get maternity allowance your employer doesn't pay it to you so it's not like they will be loosing the money. Sorry to hear you ate going through so much stress but it definitely sounds wirth it contacting cab and getting some idea of whether it not you have a case.

Hugs xxx

 

[ChelleConnor]

If you began employment after April 2012 then your employer can terminate your employment at any point within 2 years and its legal. Not nice but true.

You could only take it to a tribunal if you can prove discrimination so keep a record of anything discriminatory, keep a diary with dates and times etc.

you have the right to stand up for your statutory rights without the threat of dismissal etc.

This is very true.
The employer has a right to sack you within a year of employment for anything (though not pregnancy or skin colour etc). You said you have only been there 3 and a half months. To be honest I dont know why they dont just end your employment instead of making your life hell, as bad as it sounds. They are definitely trying to force you out of a job.
Unfortunately even if they do sack you, you cannot have them done for unfair dismissal as its been under a year.
The good thing is they are discriminating you for been pregnant as all of this has happened since pregnancy. As suggested above, log everything to build up a case against them, then you can use this information against them and it can be used if they sack you. I definitely would not walk out of the job though as you wont get any maternity pay and its unlikely you will find another job as your pregnant. If you are signed off sick 3 months before your due date, the employer has a right to start your maternity pay early.

I am sorry this is happening to you, its awful the way some people can be. Try to keep your head down and dont let them stress you out.
Congratulations on your pregnancy and I hope they pull their act together soon! x

 

[l.a.m.x]

Just wanted to offer you a hug. Sounds like a horrible situation! :hug:

xxx

 

[dandelionpoppy]

Only J:
Look after yourself and the baby. That's all that really counts. xxx