Hi

I hope someone can help here.  I have been asked by my CEO to advise on the risk of dismissing a member of our teaching staff who is still in their probationary period.  The case is complicated and does involve potential discrimination.  The staff member joined the school in June 2019.  On her start date she told us she was pregnant - this was fine, we carried out a risk assessment and followed our usual maternity care process.  Unfortunately she had to take quite a lot of absences between start date and the end of term in July due to pregnancy illnesses - I believe she did not complete a full week.  Again this was managed with other teaching staff covering where possible.  Unfortunately, each time she did not follow the correct absence procedures, which are important to ensure cover can be set up urgently in the morning so students aren't without a teacher.  She would email in or text, but after the required time.  Her baby was born in August and she returned to work on 18th Nov.  Before she returned she asked for facilities to express and store milk, which we set up for her in a private room in HR with an available fridge.  But this was not used, and despite enquiries as to whether she still needed this.  She then began having sick days - again not following correct absence line procedures - and disappearing off site without telling her line manager and without signing in or out on occasion.  A meeting was set up to discuss the concerns with her in relation to her probationary period - and this is where there is a problem.  The Head teacher wanted the mtg to be held urgently and, despite HR advice, did not give adequate notice or the right to be accompanied.  The invite went out on a Friday for a Monday meeting!  Additionally, she had sent a confidential email to HR claiming that she believed she may have post natal depression (at the time this had not been confirmed by a doctor); whilst she had not given express permission to share this info at the time, I did advise the Head that there could be a potential discrimination issue because the staff member had shared confidential information with HR and I was obliged to warn the Head of this.  Staff member did not attend the mtg and subsequently went off sick - a fit note arrived stating post natal depression.  She has been off sick until this week.  She submitted a grievance and I have attempted to arrange a meeting with her to discuss the grievance, following policy, but also being mindful and sensitive - she has not engaged with me until Monday this week, stating she intended returning to work this week and agreeing to a RTW mtg with me and her line manager.  We met on Tuesday with an agreement she would return on Weds.  However, she did not arrive for work on Weds, emailing me mid morning - still not following the absence procedure.  She said she has contacted her GP for a further fit note but I don't know for how long, assuming it will be for PND.  The CEO and Head now want to know if they can dismiss, because the staff member has not worked a full week since starting and has no connection with the students or work colleagues.  She is still in her probation period until April.  Any urgent advice would be very welcome.