The simple answer is yes –  if they have done something that is in breach of a company policy or have behaved in a way that is inappropriate then you can take disciplinary action against a pregnant employee.

No two cases are ever the same and there are potential risks when dealing with pregnant employees, such as their wellbeing and discrimination. Therefore, it’s worth seeking professional advice from an HR professional or an employment lawyer before taking any action.

You need to make sure that you follow a fair disciplinary process which would firstly involve a full and thorough disciplinary investigation into the matter. This is a highly skilled task and should only be undertaken by an experienced manager or HR professional.

Once you have completed the investigation, you can then decide whether there is sufficient evidence to warrant inviting the employee to attend a Disciplinary Hearing. The employee needs to be given 48 hours’ notice of any hearing and have the right to be accompanied by either an employee or an official Trade Union representative.

During the hearing you will listen to the employee and what they have to say about the evidence within the investigation report and decide whether there are any mitigating circumstances which need to be taken into consideration before making your decision about what, if any, level of disciplinary action is warranted.

A Disciplinary Process can be stressful at the best of times, so its important that you check in with your pregnant employee to make sure that they are OK on a regular basis. Assure them that you are dealing with the matter as quickly as possible for them, to ensure that the matter is dealt with fairly and swiftly.

For any support and guidance book a call with us.