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Maternity Risk Assessment removal of duty - can I lose my allowance?

(6 Posts)
KatoPotato Tue 06-Jan-15 16:05:40

Hi there,

Before I go bleating to HR (who are notoriously unapproachable!) my pg risk assessment advised that I should no longer undertake my additional duties as an MVA trainer.

This was an additional part of my job, that I received a monthly allowance for doing. As such so far, no training has taken place for the last three months, and they are yet to find a replacement to work with my partner (min 2 needed for training) She is still being paid but I am not.

Can anyone advise if this seems normal?

Millerpup Tue 06-Jan-15 20:21:44

A risk assessment is conducted to protect you and you baby to be from any risks during your work that may cause you both harm.
Unless you gave any information during this RA that you would be unable to undertake any of your normal duties or you were worried about continuing specific roles (including additional ones) then they must inform you of the reasons why they have advised you cannot continue.
The law states that if your employer feels that you and your baby may be exposed to risks that may cause harm then he has to find you alternative duties on the same rate of pay !
Go onto the hse webiste www.hse.gov.uk and type in the search engine the following: INDG373 this will give you all the info as to what your employer must do it also states that if they can't find suitable alternaive roles for you then they must suspend you on full pay until baby is born.
Print off INDG373 or attach to an e mail and send to HR and your HSE manager and request your back pay !.
The reason i know this is i work with new and expectant mothers and conduct all the RA's for them in my work place.

KatoPotato Tue 06-Jan-15 21:11:59

Thank you so much for replying. This training role is completely separate to my actual job and during my RA I showed the occ health nurse some of the moves required and the RA I use for my delegates that states pregnant women must not take place.

She told me that her recommendation was going to be that I no longer deliver the training and I agreed with her.

The training role is not part of my actual job description, and when I agreed to do it and went on my train the trainer course the agreement was that my colleague and I would be paid an enhancement every month providing we delivered training (this was agreed about two years ago)

I wouldn't mind so much as I suppose training has not been delivered, but why should my colleague continue to be paid and not me?

Hope I've made sense, I suppose my question is am I still entitled to this payment when it's not in my official job description?

maggiethemagpie Wed 07-Jan-15 17:17:43

In my opinion you would be entitled to the extra payment as it is solely due to your pregnancy that you have had to forgo it, therefore if your employer does not pay it you they are subjecting you to a detriment on the basis of your pregnancy which is unlawful.

May be worth calling ACAS to see if they agree with me!

maggiethemagpie Wed 07-Jan-15 17:18:19

Or maternity action are also very good.

KatoPotato Wed 07-Jan-15 17:19:18

I called ACAS today, they were very helpful and yes, agree with us! Will go speak to HR on Friday when I'm back in, in a friendly 'hey look, my trainings not on my payslip' way!

Thankyou again

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