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shift pattern changed im 9 weeks pregnant

(8 Posts)

Hi all wondered if someone can help me please....

I work in a restaurant and work shifts. For the last year i have always worked late shifts 2-10 or 3-10 and i only work part time, 4 shifts a week. I requested my previous manager only put me on lates as that was my availability except for weekend when i was not to fussed.

The rota has always been worked so i get 2 days of in a row and never work 4 shifts in a row without a day of. (i get tired easily before i was pregnant now im shattered!)

Having checked the rota my manager has now changed this completely without talking to me, and has put me on 4 shifts in a row, one of them being a 2-10 and then 6:30-3 the next day which means i only get 8 hours in between shifts to come home and sleep, shes done this for 2 weeks in a row.

Problem is im on a zero contracted hours and she is refusing to accept any dates i want to start my maternity leave said i have to take it 'week by week' and still has not dfone a risk assessment and i dont think she will do this till im 20 weeks and can get proof of pregnancy. I cant approach the manager as she is the type of manager who scream very loudly if anyone is against her decisions and it feels like she is trying to push me out and make me leave by giving me these awful shifts.. I can't see why the change after a whole year?? I physically wont be able to do 4 shifts in a row esp combines with tiredness and morning sickness.

Also have a feeling the reason she will not let me tell her when i want to start maternity leave, is that 3 other supervisers have booked leave for early december which is when i plan on starting my maternity leave, can she refuse me? I had planned on saving up my annual leave so i can leave earlier as its a physical busy job.

Sorry to have rambles i hope it makes some sense. thanks.

gscrym Mon 15-Jun-09 13:12:02

She can probably refuse you the annual leave request. There'll be something in your contract about the timing being mutually acceptable to both of you. As for the rest if it, speak to your HR dept and ask for a copy of the company maternity policy. It shouldn't make any difference about the hours contract.
Also, your existing hours, do you have a formal contract of when your shifts will be? If not, she may be allowed to change your hours at short notice. I know my niece works in a fast food place and can quite often get mucked about. You may be able to get a doctors line to say you can't do quick turnarounds.

Binkster Mon 15-Jun-09 13:20:57

You're entitled under the Working Times Regulations to an 11 hour break between shits I think- so if you finish at 10pm, you can't start the next day until 9am. (Found that info here: http://www.unison.org.uk/file/Workers%20Required%20to%20Sleep%20In%20(WTD).pdf

You tell her when you want to start maternity leave- not the other way around. Although she can stop you having holidays at a certain time- but she has to allow you to take them at some point.

oh thanks, thats ok if she refuses my a/leave request i will just go on maternity at that time. the last girl who just had her baby worked 4 weeks before the due date and ended up in hospital 2 days after going on maternity..... the job is to much when heavily pregnant.

Cant speak to HR as manager will be angry that i went over her head without discussing with her, but if i discuss chances are she will shout at me which is not unusual. sad

No agreement on shift arrangments she did try to force me to go full time when i first got pregnant but i held my ground and said no i came to this job part time as that was all i needed. We agreed on a maximum of 29 hours. I will chat to my midwife about the shifts and turnarounds as i am sleeping quite alot at the moment and am constantly shattered. thanks for your advice smile

MrsKitty Mon 15-Jun-09 13:31:01

10pm finish to a 630am start is illegal is far as I know... Try contacting ACAS www.acas.org.uk for advice, or your union if you are a member of one. You should also be completing a risk assessment by around your 14th week of pregnancy which will address shifts and allow you to make note of any concerns you have.

Is it within the realms of possibility that your manager is trying to get you to quit in order to avoid another member of staff on maternity leave? (Which, of course, would also be illegal)

PavlovtheCat Mon 15-Jun-09 13:34:08

You have to have a risk assessment done when pg, and it is my understanding that this needs to take place as soon as you inform them you are pg, you may need a Drs letter to support that you are pregnant, but you do not have to wait until you get your MATB1 form to have it done. There are risks to you at work before you are 20 weeks!

this is a good leaflet to read

hi kitty, yes i thought it wasn't right but ive done it a few times before, just more tiring now.

I think she is trying to make me leave as seems to be making things very difficult for me, although i think the other lady on maternity leave is due back before christmas so we wont be of at the same time.

There does not seem to be many rules in my workplace according to the law and if anyone questions anything we just get told we know where the door is, there are plenty of other people out there looking for jobs right now, so we have no alternative but to be treated in this way. The problem is i clearly cant leave as i need the maternity pay........ I think i will have to bite my tongue for a while and see what happens, i already upset the apple cart by refusing the drag fryers full of boiling oil along a metal bar in order to clean underneath it, on the basis that we are not offered any safety clothing to do this and im not putting myself and baby at risk of serious burns.

MrsKitty Mon 15-Jun-09 22:14:33

Ah CremeEggs I really feel for you - it's a shitty and quite intimidating situation to be stuck in. Remember though - there are employment laws and your employer has to adhere to them - do not let them walk all over you and certainly do not let them intimidate you out of your maternity pay! If things worsen please seek advice (ACAS or similar) before giving in to such an uncaring boss.

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