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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am currently 7 months pregnant, I went into work at Next

Customer Question

I am currently 7 months pregnant, I went into work at Next today and was called into the office with regards ***** ***** investigation regarding transactions I had made in the week, which were not fraudulent but unbeknown to me was against company policy. As I am on holiday from Tuesday, a disciplinary has been arranged for Monday at 2pm. I am concerned this will end in a dissimal. I am worried that I will not get my maternity pay even though I have worked for the company for 5 years with an exemplorary record.
Can you advice me on what to do as I am extremely distressed and feel that I can not attend a hearing in my current state of pregnancy. My holiday period is for 3 and a half weeks and I was going to discuss today the date of my maternity leave, which infact was what I thought I was going into the office for.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do you only get statutory maternity pay or enhanced company pay too? Also does it state in any policy that doing such transactions could result in dismissal?

Customer: replied 1 year ago.
Hello Ben, thank you for your response.
I have copied the maternity payment guide, so you can see what the payment details are.
- Over 1 years *service and your average earnings are equal to or above the LEL:
Weeks 1-6 entitled to the greater of 100% of basic pay or 90% of average weekly earnings • Weeks 7-18 entitled to the lesser of standard rate SMP or 90% of average weekly earnings. However, if 50% of your basic pay is greater than this amount you will receive a top-up payment. • Weeks 19-39 entitled to the lesser of standard rate SMP or 90% of average weekly earnings • Weeks 40-52 are unpaidI was advised "off the record" by one of the managers in the meeting today that hopefully I will get a Final Warning. However I have since looked up the company policy and this is what it says:
GROSS MISCONDUCT It is not possible to list all situations which may constitute Gross Misconduct. However, the following provides examples of the types of misconduct which are considered serious enough to justify summary dismissal. Summary dismissal means that an employee will be dismissed without prior warnings and forfeits the right to notice or payment in lieu of notice. • Theft from, or dishonesty in relation to the Company, its employees or customers. • Falsification of any Company documentation or electronic records for your own or others gain. • Serious breach of trust and confidence, either in work or out of work. • Serious contravention of till procedures and/or cash handling procedures. • Serious breach of security.I have noticed you can have a live phone call rather than message, are you able to do this?
Expert:  Ben Jones replied 1 year ago.

Yes of course, offer sent

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Will call in around 10mins if that is ok

Customer: replied 1 year ago.
that is fine. Thank you
Expert:  Ben Jones replied 1 year ago.

Calling now

Customer: replied 1 year ago.
Hello Ben
Thank you for your phone call earlier, it has calmed me down and helped me to understand what to do next.
I want to put a strong case across at the hearing, although I am still deciding whether to go Monday or get a sick certificate, but I thought about my mum writing a letter regarding me using her directory card to confirm my point that she is happy to let me use it. I realise it might not make much difference however it will be backing up what I said in my investigation hearing. What do you think?Also, do you have any other ideas for what I should take with me to the disciplinary hearing?Thank you
Expert:  Ben Jones replied 1 year ago.

Hi there, I suppose there is nothing to lose by doing so but they may decide not to use this as evidence, especially if you had not informed them in advance that you intend to do so.

As to what to take, to be honest there i nothing specific that you would need. All you need is to know in your ad what to say and how to explain what you did. So if you want to make notes from which to refer to that could be useful.

Customer: replied 1 year ago.
Hi BenPlease could you help me further with the situation that I find myself in regarding employment law and possible pregnancy discrimination, which we discussed on the telephone on Saturday 23rd July.I look forward to your responseThank youRafaella
Expert:  Ben Jones replied 1 year ago.

Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks