Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
There is indeed potential discrimination here on grounds of pregnancy or gender. A miscarriage, and any sickness related to it, should be treated in the same way as pregnancy-related illnesses or absences. So whilst not all absences can be discounted from the employer’s deliberations, they should seriously be considering removing those that related to your miscarriage, in the same way as any other pregnancy-related illness should be ignored.
A similar issue may arise with the cancer scare, although that would only be protected if a diagnosis of cancer was made. In that case it would amount to a disability so including this in the deliberations could amount to disability discrimination. If there was no formal diagnosis, then it would be just normal absence from work and it can be included.
So the rights to challenge the miscarriage-related absences would be stronger, unless there was a diagnosis of cancer which can then also include these absences too. You should be pushing the employer to ignore these absences, which could potentially reduce your absences over 3 years to an amount that would not prevent you from being recommended.
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