Duty of care during pregnancy

[tamarindlazuli]

Errgh, I'm sorry if I keep coming on here in spits and spurts but I really need advice.
The other day I was panicking because I was sure I was pregnant but wanted to leave my job and was worried about missing out on maternity pay if I switched job whilst already pregnant - but was quickly reassured that I would still likely be entitled to maternity allowance, so that gave me some temporary relief.
A few days down the line, I am definitely pregnant (yay!) which I am happy about but still desperately unhappy at work and now the prospect of a new job is looking harder and harder - if it doesn't happen now I can hardly go to interviews obviously pregnant and expect to get a job.
My issue is this: I know from experience having been pregnant before and dealing with my (same) employers, that they gave me zero flexibility to work from home or work different hours during my pregnancy even though I requested this, and also they were aware that I was suffering with my daily commute (fainting almost daily) but offered me no alternative. So I battled on, thinking that the end was in sight anyway so I would just put up with it.
However THIS time, I know there is no way on earth I can do what I'm doing (getting up super early, dropping DS off on foot to his childcare), commuting, working a full day, picking up and continuing to do all my home and other basic stuff as well without suffering exhaustion or stress.
So I know I won't get an inch from them and am desperately scared of this situation.
I am not a work-shy kind of person and I will work if I have to but don't my employers have a duty of care towards me (particularly whilst pregnant)? What if I tell them I can't physically cope with it anymore (but could work from home if allowed)? How long could a doctor sign me off work for without it impacting my employment?
I just wish I had understanding employers who don't see pregnancy as an inconvenience to them because clearly they do.
I am feeling flushed right now writing this because I'm so mad...plus I found out yesterday I'm not even getting a pay rise (for 2 years running) so there is no incentive for me to carry on.
.
Thank you thank you for any words of advice.
More than anything I just needed to get it out there!

[SecretSlattern]

I don't know the answers I'm afraid, but didn't want to leave your post unanswered.

I am 22 weeks pg and started a new job in September (I didn't know at the time!). My boss has been extremely supportive, I have gone from doing full days in Nursery to doing half days with the option of doing some work at home. I'm studying for my BA (Hons) and EYP status at the same time and I'm often given a bit of leeway to get stuff for that done too, but because of these extra qualifications, I tend to get some of the operational paperwork to do too. Not that I mind, I'd much rather be sitting at home on mumsnet doing my work than sitting at nursery doing it.

Do you not have anyone who could take on the nursery run in the mornings for you? This might take some of the pressure off? I found being pg with DS (DC2) a real struggle and gave up work early (different nursery) but we suffered badly for it. With this one (DC3) I am trying to be a lot more relaxed about it all and it is helping. Remember, no two pgs are the same and the way you felt in the first, may not be how you feel this time.

[tamarindlazuli]

Wow, I thought the whole of mumsnet was still asleep
Thanks Secret for your reply. Another person with a supportive boss! Good for you, I am so envious and pleased you are getting treated as you should and as you deserve.
There is no one else around to take care of the drop-off in the morning as my OH leaves even earlier than me.
I must be on my way now but will check in later!

[RibenaBerry]

They have to carry out a risk assessment and, if that risk assessment reveals risks to your health, they have to address those. If that is not possible at all (which generally only happens where, say, an employee works with dangerous chemicals and there's no alternative job) then they have to sign you off on full pay.

SO

First thing to do when you tell them is ask for the risk assessment and flag the issues. If you want, your doctor might be willing to write you a note along the lines of "Tamarind is fit for work. However, her daily commute is likely to be too much to cope with and I therefore recommend that arrangements be considered to allow her to work from home X days a week".

If that isn't successful, yes, your doctor could sign you off. Do bear in mind though that your SMP is calculated on your actual take home pay in (roughly) weeks 18-25 of your pregnancy. If you do not get full pay during sick leave, it could affect your SMP if you are signed off during this period.

Unlike other sickness absence, you cannot be disciplined for genuine, properly certified absence for pregnancy. It's sex discrimination and you can sue.

[flowerybeanbag]

What Ribena said. A doctor's opinion that adjustments need to be made in terms of your travelling arrangments would be ideal, especially as commuting problems are less easy to identify in a workplace risk assessment. They would be relying on your word, and if they are the kind that are likely to be unsympathetic or obstructive, a doctor's opinion would be really helpful.

Congratulations by the way!

[RibenaBerry]

Oh yes, I missed that off. Congratulations!

[tamarindlazuli]

Some really good advice, thank you SO much you knowledgeable people!
I can see myself going down the signing-off route. Unfortunately my employers don't really know the meaning of the words risk assessment - last time I asked when this would be done because I hadn't heard, and then all of a sudden they announced they were doing a general office one out of the blue - they'd probably never heard of it til I mentioned it.
When I approached them on the home-working thing last time, they just said something like "we're not keen on people home-working" or such like but I didn't have a doctor's note to back me up so nothing ever came of it.
I didn't have a clue though that SMP was calculated on earnings between weeks 18-25, that's news to me and something that wouldn't have even occurred to me that could vary - but that would affect me more if I wasn't receiving anything on top of basic SMP, right? Currently I only have the minimum i.e 90% at 6 weeks and then the rest at the standard rate so it wouldn't make much difference, right, in that case?
Incidentally...just another related but different question. I've been back at work 9 months and this month we had our annual reviews (in which they took into consideration the time I've been back and the last few months before I went on mat leave). They gave one of my peers a promotion-based pay rise, but not to me saying they want to review things by the end of this quarter with a view to promoting me then provided I reach the goals they set for me between now (only!) and then- but I am pretty sure they shouldn't be treating me any differently from anyone else and I should be equally eligible for the same promotion, and it should not be deferred just because I was on mat leave. Am I deluded about this or can they do that?

[Paperclipcollector]

By the way...a risk assessment must be done for you seperate from a general office one. It is a risk assessment for new and expectant mothers, and the types of risks that need to be identified and controlled are particular to you, your health, safety and welfare while you are pregnant and your return to work. A good website to have a look at would be the HSEs.

If they are nor carrying out a seperate risk assessment for you they are failing in their duty of care under the Health and Safety at Work act and Workplace Regs.

Sorry cant help you much with the review - perhaps someone with a bit more HR knowledge would be able to help you?

Good luck and Congrats!

[tigger15]

I'd wait for someone with more HR knowledge but surely whether you are also eligible for a pay rise would depend on experience and achievement. If an inconsistent approach is being taken e.g. the other person was set goals a year ago and you were not and there is some deliberate sexist agenda against you then you will need to get evidence that you are being treated differently.

What exactly would you like to do with your work situation? I'm not sure what type of job you do but "I just wish I had understanding employers who don't see pregnancy as an inconvenience to them because clearly they do." is a little lacking in understanding of their position. They are trying to run a business and your preganacy is an inconvenience because you will not be able to do as much and will then be absent for a key period in which they will either have to recruit a temp or have the rest of the team struggle on carrying your work.

If you want to give up the job and sue for sexual discrimination then that's one thing. If you want to give up the job and find another, concentrate your energies on that.

If you want to make the best of the situation and keep the job until maternity leave try thinking as your employer would and present your requests in a way that they would find acceptable. I don't know how you presented your home working request the last time but perhaps try focusing on how you can help them rather than how it helps you e.g. I think I would be far more productive and able to manage xyz if I can spend this day/s a week working from home. I will be able to access the system this way and divert the phone as if in the office (and think your way around what other objections they might have). As you know the last time I was pg I had difficulties commuting because of fainting and this would be a way in which I could ensure that I am able to give more hours to the job and continue working for longer.

Then if they refuse it go for a doctor's note.

Do you see what I am trying to say?

I started my current job 4 months pg and informed my new boss 4 weeks into the job. The advice I received was present the news in a way that will address the difficulties that this will cause and show that you are not lumping them with a problem. My boss was lovely and I am still employed by him 3 years later but it could all have gone rather differently.

The difficulty with your situation is it sounds like you're fixed in a bad relationship with your employers and it's changing that which will get you more help. Can you pinpoint what it is that made your work situation so uncomfortable and if there is any small steps that can be taken to change it? Is there one person who dislikes you or you clash with? What do you feel it is that they do not like about you?

[tamarindlazuli]

Thank you Tigger, I do see what you?re trying to say about seeing it from their perspective, and yes I know, they are a business first and foremost but it?s got to go both ways and be a mutually beneficial partnership for both employee and employer. They can?t expect me to bend over backwards for them to get the job done and work unpaid overtime (which I regularly do) and then not be flexible with me in return or at least recognise that. They seem to take it for granted. All I can see is them taking advantage of me, and treating me and the issues pregnancy brings up in the workplace in a purely mechanical way, rather than with a more human approach.
When I see friends and other people who have understanding bosses about these issues and have a good relationship with them, they are much more likely to display loyalty and go that extra mile for them in return ? that?s what I don?t understand. They cannot see that people who are treated fairly in the work place are more likely to be happier and therefore less likely to leave, cause problems, get signed off sick/with stress or depression etc...
I don?t think my case is personal though, I have lots of colleagues who feel the same way (not necessarily the pregnancy & work issue) and staff turnover is very high there ? not a single person in my team is the same as a year ago apart from me.
So, all I want is an appreciation of the fact what I?m going through is normal and that pregnancy is not a disability ? I just need a little flexibility.
Thanks Paperclip too for that ? I will check that website and then see this time if they take the initiative without me prompting them.

[flowerybeanbag]

Just because they gave one of your peers a promotion doesn't necessarily mean you should get it as well.

If the promotion is based on seniority/length of service, then yes your maternity leave should definitely 'count'.

But other than that, just because your colleague has had a promotion doesn't mean you automatically should, and doesn't mean you are not eligible for it. You may well be eligible for it, but just haven't achieved it yet. You say "they want to review things by the end of this quarter with a view to promoting me then provided I reach the goals they set for me between now (only!) and then".

Well on the face of it, there's not necessarily anything wrong with that. Perhaps your colleague has achieved a certain level of performance earlier than you have? I'm just saying it's not automatically a problem, particularly as you have been back from maternity leave for a significant period of time. It would be difficult to demonstrate that your promotion was (slightly) delayed because of maternity leave that finished 9 months ago.