disciplined for sickness

[mbyfield]

i was taken from work to hospital by another colleague when i got to hospital they gave me a water sample then told me i was preganat, i was of work as the doctors were concerned as they thought i was having an eptopic pregnanacy, i txt my manager to say i was unwell so could i take the day as holiday. i was then signed of had two sick notes the first sick note i handed in the second sicknote i told my manger i had but was in and out of hospital, i then went back to work after having an abortion and was disciplined the reason my manger told me i was beingdiciplined was because i had text her the day before and because i did not let her know what was going on i text my manger whilst in hospital and tried to keep her updated with information that the doctors were given me, but my manager says i am being disciplined as i text her and didnt ring her can she do this? further thisdiscplinary i am up for another one when i had a meeting last week i said i think they were out of order for disciplining me when i had just had an abortion both my manager and manerging director had said they should not have done it they are sorry no one was in the room with me to witness them saying this please help?!

[factor-fiction]

What are the company ruleds about how to notify an absence? If I was an employer I would not accept absence notifications by text or email.

[boxtops]

If you are on signed-off sick leave, then I believe they are out of order disciplining you for being away - but it might be that your absence rules say you (or someone close to you) MUST ring in so that your absence can be discussed if necessary. Depends where you work, but if you have an HR department, get onto them tomorrow to clarify the policy at your place of work.

[factor-fiction]

Disciplinary action for absence can either be a conduct issue (where they do not accept the genuineness or you failed to folow procedures) or capability. In my experience, though, employers need to be very careful with addressing absence relating to pregnancy as they risk discrimination claims.

[ChuckFickens]

sounds like you are not being disciplined for sickness, but rather being disciplined for failing to follow procedure for reporting sickness.

[mbyfield]

i was off for 10 days, but i text gher and said that i would like to take this as holiday she text back k?
Also can you be disciplined for making same mistakes if you have no traing records????

[dotty.]

The issue sounds to be for the way you informed your line manager of your absence. To be perfectly honest, I think that you went out of your way to keep them updates bearing in mind your circumstances during the tragedy of a miscarriage. There is no way many women at that time would give their employer a second thought. They knew you had been taken to hospital, they were then given the text information about your condition. they should then have had the good grace and compassion to leave you to contact them when you were ready.

[boxtops]

If you submitted your doctor's certificates then you certainly shouldn't be taking this as annual leave - it's hardly holiday, and any employer worth their salt should want you to be signed off sick so allowances could be made when you are fit to come back. Were you signed off as fit to return, by your GP or hospital.
I don't think it's your sickness in question, it's the way you managed the reporting sick and coming back. You need doctors' notes.

Re the separate training issue - you can certainly be disciplined for failing to meet the job description, or capability. However before a disciplinary, at my place you have to have a capability meeting first so everyone can do their best to raise performance, e.g. by training or by working differently - disciplinary comes a lot later if you are failing to come up to scratch.

BTW you have to be notified of disciplinary meetings in writing, not only verbally - so you have a chance to bring a union rep or personal representative with you to the meeting.

[mbyfield]

i have worked there for two years in june and without the 10days which i had sick notes for i have had 4days off.

[dotty.]

There is no way any employer would risk pressurising any employee who is or was pregnant, they would be on a hiding to nothing, just ride this out, they'll not preceed to any further action IMO.