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griecvance whilst on sick for work related stress. also pregnant and being bullied.

 
griecvance whilst on sick for work related stress. also pregnant and being bullied.

Hello,

can anyone help or advice me. I have been working for a company for 10 months and year on the 11th Aug. I have been bullied at work and took 8 weeks off with work related stress, I then found out whilst off sick I was pregnant. whilse off sick I put in a grievance against the boss of the company. This came back relationship break down which I accepted as I just wanted to get back to work and try and get on with my job. On returning to work I was subjet to a 40 min rant from a college telling me I was not welcome at the company no more and I should leave, after about 10 mins I decided to record him. I now know I cant use this as evidence as he didnt know. I then put another grievance in against my boss, this is stil being looked into. I went to midwife last week and she was very concerned about my health and adviced me to take time off, so the doc has signed me off. I then this morning recived an email with a letter saying I must attend an diserplin hearing this wednesday for the following.

Not advising the company of somewhere I worked for 4 weeks

also putting I worked at a company 2 months longer than I did.

and serious miss breach of trust IE recording a collegue.

When I had my interveiw I advised the MD ( the person who had put me in a diserplin) that the cv was wrong and that the agancy had told me to changed it as it looked bad on my CV. I also told her that I worked at this other company for 4 weeks and have openly spoke about this with my bosses and colleuges as it was the company was a joke.

Now they are scraping the bottom of the barrel to get rid of me.

do I have any rights?? and do I have to attend an hearing when I am signed off work for work related stress and bullying??

someone please help me as I am going mad and its so stressful for me and my baby.

thanks

wiskers1

22/06/2009 21:23:25

I'm afraid there is very little that we can do to help you. Unfortunately, the allegations are all true. It is a disciplinary offence (and often gross misconduct) to provide a false CV/application, and on those grounds alone they have enough to dismiss you fairly in law. You cannot prove that you told them at interview about the CV - they are most certainly going to deny it, and the agency that told you to do this were exceptionally unprofessional because they must have known that this could happen as a result of their advice. Your CV is supposed to be true. In all honesty, whilst they ought not to proceed if you are off sick AND your doctor says that you are too ill to attend such proceedings, in reality, since you do not have 12 months employment, any dismissal before then cannot be challenged in law - and even if you got to the 12 months, then the allegations are quite likely to be upheld in law anyway.

Whilst I have the greatest sympathy over the bullying, none of this is relevant to the allegations. If they show that you lied in your CV then that happened BEFORE you were employed by them and thus has no bearing on whether or not you were subsequently bullied. Whilst their third allegation, on it's own, would be weak in the circumstances, the first two are not. Similarly, whilst dismissing someone for pregnancy related reasons is unlawful, they have sufficient cause to dismiss on those grounds to ably argue that the pregnancy was not the reason.

I am very sorry, but I don't see any way out of this one.

shikahra

22/06/2009 22:36:20

Thanks for that, I thought that might be the case and seen as though it will be up to the managers of the company to decide if I can keep my job or not I deffinately wont be keeping my job.

second question. Shall I just resign? and maybe I will get some kind of wage at the end?

and will I still be able to claim SMP as I am 22 weeks pregnant.

thanks

wiskers1

23/06/2009 14:06:53

That depends upon the company entirely. If you resign the fact that you did so whilst a disciplinary was pending will be mentioned in references. But they can insist on any notice period being observed and complete the disciplinary. If the outcome is summary dismissal then they will only pay you up to then. I cannot help with the query on SMP - I don't deal with it and wouldn't know the rules.

shikahra

23/06/2009 16:23:48