Can a company give an employee a warning for taking time off due to a miscarriage? | LawHive - Solicitors & Lawyers Online
Can a company give an employee a warning for taking time off due to a miscarriage?
A few months back my girlfriend had a miscarriage. Without going into too much detail she was off work for about a month due to complications from the miscarriage. At her work it was all put down to pregnancy related illness. She was then unwell last week and after returning to work today she has had a return to work where they have told her she is going to receive a warning as they have included the time off due to miscarriage plus last week. I’ve looked online and everywhere is saying that they can’t include the miscarriage as it is a pregnancy related illness but they are adamant they can include this time as well. I’m a manager at my work and I’m struggling to believe any company would treat a member of staff like this. She’s waiting for her hr department to get back to her but just wondering if they can give her a warning.


17th April 2022



Top Answer
NQ law student. Unfortunately without seeing her contract and the company's sick policy it us hard to advise. I hope this helps and she should call ACAS https:// www.miscarriagea uk/information/ miscarriage-and- the-workplace/ employees-inform ation-and-suppo rt/

Ron Rast

17th April 2022


NQ - going through loss of pregnancy myself. Employer's have to record pregnancy related illness separately and can't count towards sickness record, nor be used as reason for disciplinary action. https:// get-involved/ companies/ pregnancy-at-wor k/ problems-pregnan cy/ miscarriage-info rmation-employe es#:~:text=Misc arriage%20and%2 0sick%20leave&t ext=Although%20 you%20won't%20b e,what%20your%2 0employment%20c ontract%20allow s. https:// time-off-for-ber eavement/ stillbirth-or-mi scarriage Good luck and I'm so sorry for your loss

Cori Johnson

17th April 2022



NQ is she in a union? If so she needs to take a rep with her. If not and she can't join one ( some wont deal with issues before you join but some will) then she needs to take a colleague to take notes for her of what is said. The colleague won't be able to speak but the can keep a clear head so your gf has a record of the meeting.

Jeanne Metts

17th April 2022


Paralegal - I’m very sorry for your loss, and to hear that the employer is acting in such a manner. Did your employer know that she was pregnant prior to the miscarriage? You are correct with what you’ve found: Any sickness related to Pregnancy, which includes miscarriages, cannot be logged as part of the normal sickness records. An employer who decides to ignore this is discriminating against the individual as pregnancy is covered under the Equality Act 2010. You haven’t mentioned that a meeting is due to take place, just that she’s to receive a warning. If they request a meeting, I would suggest that she has someone attend with her for support and note taking. If it’s a verbal or written warning, then I strongly suggest formally writing to the company (after warning received), stating the Equality Act 2010 and the unnecessary stress they have caused during such a difficult and upsetting time. Your partner should also reach out to a solicitor, or ACAS, as she will likely have a claim against the company if they don’t retract the warning.

Lee Gilbert

17th April 2022



NQ if you can contact Equality Support services they will give you a link to a template letter, if your partner does receive a disciplinary for being off work partly due to her miscarriage, then send the letter, along with ACAS contact and they will mediate for her. If no resolution is met then she will be issued a certificate to move to tribunal if she wishes to. I’m sorry for the loss you have both suffered, please take care of yourselves

Priscilla Henry

17th April 2022

NQ - above advice is great, I went through similar but my employers were great. Pregnant and screwed are a good place to look on too. I am so sorry for your loss.

Florine Quinn

17th April 2022

Thanks for the advice all.


17th April 2022

1 upvote

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