We have a female employee on her third official warning. She now says she is pregnant. Can we proceed with disciplinary action?

 

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14. We have a female employee on her third official warning. She now says she is pregnant. Can we proceed with disciplinary action?

Unfavourable treatment of a female employee because she is pregnant amounts to direct, unlawful, discrimination. In this case, however, since disciplinary proceedings were started before you knew she was pregnant, it would be difficult for her to argue (if poor conduct led to another disciplinary hearing) that she had been discriminated against because she was pregnant. Be careful, however, to ensure that she is well enough to attend any future disciplinary hearings, that they are conducted at a convenient time, and that all normal disciplinary procedures are followed (including the statutory minimum procedures). Take account of the fact that her pregnancy might explain her conduct. Otherwise any dismissal may be procedurally unfair.