# Any HR advisors or Legal advisors?



## Josie1 (Sep 30, 2013)

I have been off several times in the last year due to being unwell with the medication for IVF treatment. 

Today (the day before my official test date) I have received a letter saying I've to attend an absence meeting which could result in a formal final written warning under capability, (attendance and performance) standard operating procedure. 

Is there anything I can do regarding this? I'm based in Scotland so it would be Scottish law.


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## susieg2404 (Jul 4, 2012)

Hi Josie
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I'm not an expert but did hr at uni years ago and did lots of research a few years ago when my hubby was being made redundant. I'm also in scotland \
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Have you had any other warnings, they can't go straight to a final written warning usually unless it's gross misconduct. It could be worded really badly though as I had informal meeting due to time off breaking my foot then time off during iui that triggered my company policy of 3 periods of absence in a rolling 12 month period. I was put on informal monitoring for 6 months and if I was off again the next stage of the process would be triggered which could ultimately lead to a final written warning but only if I continued to be off during each stage of monitoring.\
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Also check your company policy as some employers treat IVF in the same way as pregnancy and disregard it for disciplinary reasons ie it doesn't count \
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Also you are entitled to take a witness into the meeting with you, do you have a staff rep or colleague you trust? It can stop you feeling "picked" on and always useful to have someone else to remember what exactly was said\
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I know it's not easy and really lousy timing but try not to panic\
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Best of luck


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## Josie1 (Sep 30, 2013)

They gave me a final written caution which I've never even heard of and now they are saying I would possibly get a formal final written warning. 

I've never had any disciplinary meetings, this is a capability and absence policy they have. 

Surely I can't be sacked for being off sick due to IVF treatment? x


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## susieg2404 (Jul 4, 2012)

I wouldn't have thought so. Bare minimum is usually 3 stage process. 

My advice would be to phone ACAS who will give you expert opinion

Best of luck - for testing day and work!


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## Josie1 (Sep 30, 2013)

I tested a couple of days ago and it was a   So not holding out any hope for the morning  x


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