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Typical male boss....issues with work....advice please!!(13 Posts)
My direct line manager has just returned from holiday. Whilst he was away I has a few health issues and had to take some time off work. On my return to work, I find out that not only have my days off changed, but I'm now expected to work 10+ hour shifts. (I'm contracted as a breakfast chef, 30hrs per week, normally work 6.30am-12.30pm) He knows I'm 8+5 weeks pregnant, but is using the "pregnancy isn't a disease" and "it was your choice to get pregnant" to try and make me do these shifts. I've tried explaining to him that I've never worked that long in the 18 months in the job. And also by 1pm my MS hits and I'm sleeping 12 hours per day. I've had my risk assessment, but it was done by someone who has never worked in a kitchen!!! Am I right in thinking they cannot change my shifts like this now I'm pregnant??
If anyone could point me in the right place so I have the correct info before I take this further.
If your pregnancy is what's making the 10 hour shifts impractical then get your doc to write you a 'fit note' that stipulates your shifts can't exceed X number of hours.
As far as what your boss is allowed to do...really this early on it depends 100% on your contract rather than the pregnancy.
I read my contract and it states my normal working hours are between 6.30am until 3.30pm. I normally only work until 12.30pm as I only do 30 hours per week. So 5 days at 6hours per day. And within my normal working hours it's not possible to do a 10+ hour shift. I'm being asked to work 12pm to 11pm and then 7am until 10pm. No where near my normal hours. It is also stated in my contract I will get 4 weeks notice of any shift change and if that is not possible I will be asked at least a week in advance with a chance to say no. I'm not even being given the chance to say no.
By the sounds of it then, you don't even need to bring your pregnancy into it. Your contract protects you from what he's currently doing. Could you arrange a meeting with him and HR?
My hr department is based in London and I'm in Scotland. I will just have to bring it up with the general manager, he's been the nicest out of any of the managers. Thanks for the advice.
I had a difficult boss in my first pregnancy ACAS were very helpful, look them up and give them a call, they told me all my rights and what my employers could and couldn't do.
You'll need a medical reason why you cannot work for 10 hours on a shift (given appropriate breaks). It will need to be the sickness or something - being pregnant alone won't be enough because working 10 hour shifts wouldn't put most pregnant women in danger. Speak to your GP (also make sure rules about heavy lifting etc' are spelled out in a GP note).
I am a high risk pregnancy, working standing up all day, 11-12 hour days. My consultant (one of the top ones, expert in protecting high risk cases) said that was fine (unfortunately for me!!) ... but with the sickness and breathlessness it didn't feel fine. By the time I got round to making a call my MW it had started to fade.
When you are bigger, then see your MW or GP again, as it might change.
As Jolleigh says this is not a pregnancy matter, it's just a dodgy work matter. Complain to central HR.
He can't make any changes to your contact without you consenting to them.
To do this he must invite you to discuss the hours he wishes you to work and have you sign an agreement.
Pregnant or not, what he is doing is wrong.
Join your union if you have one, contact ACAS and ask them.
They will tell you all about employment law and your rights as a pregnant employee. Take notes and be sure to let your employer know that you are clued in on your rights.
What he is doing could be seen as discrimination and could end in a tribunal.
Keep a note of any comments or remarks he makes that you are unsure of so you have leverage if it comes to taking action against him with a union rep.
And for the record, he should be doing everything possible to make your job comfortable and manageable during your pregancy.
Don't stand for it.
Your health and pregnancy comes first!
Its posts like these that make me thank the Lord I don't work at the moment...no way would I have been able to manage such shifts in the first trimester where I was constantly sick as a dog and could barely get out of bed. I was also keen for tearing anyone who got in my way's head off.
I hope you get it sorted as that can't be the sort of stress you need right now...10+ hours during the first trimester BLLURRGHH couldn't think of anything worse and I'm a low risk pregnancy!
When i worked i shiwn my boss my medical certificate saying i need part time hrs as it was a very physicaly demanding job, on my feet all day lugging heavy stuff about. And his reply was your sacked and you finish friday! Which i was amused by cus id be the one laughing all the way to my solicitor lol until he spoke to the rest of management and they must have told him because he then called me back down to tell me my oart time hours started the next day and i was being moved to a safer department lol dont be scared or fobbed off by them, if he trys to threaten you with the sack the you know what to do lol also as you havent been there long they see you as a lacky sort of thing that they think they can bully you as i was in the same situation lol x
Thanks guys, I'm going to call HR and acas today to see what they say. I've been given today off to "allow me to rest before Friday" so I will be making lots of phone calls and shouting abuse at people. If I do go in tomorrow, MS dependant, I'll be going home after a maximum of 8 hours as I have just remembered about the 11 hour rule and if they want me in at 7am on Saturday morning...I'm gonna be following the law to the letter!!!
I'm pretty sure, only having an 8 hour break between shifts, is against the working time regulations.
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