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To refuse to work until reasonable adjustments are made (pregnancy)?

113 replies

orangesss · 17/08/2024 10:46

So I have about 8-9 weeks left in work before I go off on maternity leave. I'm on my feet the whole day, working full time. Risk assessment never officially done, just random chats every 6 weeks or so but nothing actually in writing. I've pushed for this and they keep saying they'll do one but never do.

Anyway, whole pregnancy has been unproblematic ish. Until recently. I have debilitating pelvic pain (been referred to physio but taking a bit longer than expected). I'm wearing a support belt and doing everything I can like exercises etc but I just don't know how the hell i'm going to carry on like I am in work, it's getting worse every day.

I've notified work of this and reminded them I needed reasonable adjustments to be made. I've suggested some short breaks to be factored in to my day, to be based at one particular station and to be provided with a stool that reaches the worktop so I can sit down. They said they'll figure it out not to worry etc.. that was 2 weeks ago. HR is based in another country, there's a UK member but they haven't been helpful.

Today I've gone in at breaking point, and spoke to my manager. He's said the following:

I can't have any breaks unless they're unpaid and it would be limited to 2 x 10 minute breaks per shift.
He can't provide me with a high stool so I can sit down and do my job as there's not a section in his funding for this as the norm is to stand.
He basically said I need to carry on doing what I'm doing as he can't change the job for me. Which is a bullshit cop out. He then smiled and said 'if there's anything else you need- let me know!'

So I told him in that case I'd have to go home, I'm in agony and can't work like that. He said that's fine and reminded me I wouldn't be paid and that he'd see me tomorrow if I was 'better' 🙃 I'm fuming, surely this is immoral and illegal. My job only pays statutory sick pay so it's not even like I can just get signed off.

I'm sitting here thinking how the hell am I going to work tomorrow. What the hell do I do. Was I out of line or was he?

OP posts:
Rosscameasdoody · 18/08/2024 21:46

Flossyts · 18/08/2024 19:21

Just be careful, I’m fairly sure that if you go off sick within a certain time frame of your due date, they can force you onto mat leave early x

Not if she’s gone off sick because they haven’t done a risk assessment or provide the necessary reasonable adjustment to allow her to work safely they can’t.

Lilacrose27 · 18/08/2024 21:27

I had a similar issue and I ended up going off sick. Pregnancy is a protected illness so they can’t sack you or anything for being off due to pregnancy related illness. I had severe pgp and nothing helped apart from giving birth.
i can’t tell you the relief!

seek legal advice and go to the union if you have one and acas too.
be careful with the time off though as i know at my workplace if you are off sick with anything pregnancy related in the last few weeks before a certain point of your pregnancy then you can be forced to take early maternity leave. I was forced to but once I was off work some of my complications stopped. I hope you get sorted out and good luck with the birth and the new baby!

Rhaenys · 18/08/2024 19:49

Wow! I also think it’s in bad taste that your (very short) breaks are unpaid. It just seems so mean spirited and petty. What a shit place to work. 😳

“yeah we’re not gonna give you the breaks you need, but you can have a small fraction of them, and we’ll decide when you take them……oh yeah and they won’t be paid”

max29 · 18/08/2024 19:44

Can I add it's not you who need to make reasonable adjustments by taking stools and offering to take unpaid breaks. They are the employer and it's their statutory duty so I personally would not advise you to go down this road. Please call acas tomorrow if nothing else and get their help ... this is appalling

max29 · 18/08/2024 19:40

Your employer is breaking the law if you have a contract of employment. They have a statutory obligation to make reasonable adjustments to working conditions for pregnant employees once they are formally informed about the pregnancy If the job poses a risk to the employee or the baby. This includes conducting a risk assessment. As you have been diagnosed with pelvic girdle pain/complications which as an aside is an extremely painful and debilitating condition in pregnancy they must take this seriously and provide a safe and suitable working environment for you by making reasonable adjustments. It makes my blood boil in this day and age to hear of a woman being discriminated against in this way. You have rights under the equality act this is not a nice to have it's the law. Most employers are excellent but the ones who are not should be called out. Something most women don't feel able to do when pregnant especially in later pregnancy. I am so sorry to hear this. They also have a statutory obligation and follow medical recommendations from a doctor or midwife and cannot reduce pay or conditions as a result. They have the right to have this Information in writing from your doctor or midwife. I strongly urge you not to accept this behaviour and seek help from a trades union who will assist you whether you are a member or not or tell you how to get support. If it's easier acas have a confidential helpline and they will help you. The number is +443001231100. Please call them and tell them what is happening. Also if there is no TU rep go to the health and safety representative and tell them what you need and what's happening and ask them to record it. If that doesn't work contact The Health and safety Executive and they will help you. Also tell your doctor about this and a strong letter from your doctor will I am sure change your employers mind. You have lots of options and now they are not taking you seriously you need to move from informal conversations and exert your rights my love. This is not right. Bottom line is they are breaking the law. This is not a nice to do and you are not being a nuisance this is the law in this country. Make sure you record any conversations in writing if possible or make notes immediately after any conversation with them and date and time them and record who was present. This is evidence should you choose to go tribunal later and you have about 18 months post birth to do this from memory so make sure you keep these notes. If you put a written letter to them asking them to make reasonable adjustments and why you need reasonable adjustments it would be helpful as further evidence . Any employer should be happy to respond in writing on any such point. Pls don't let it go on any longer. Ask for a formal meeting to discuss this and take someone into the meeting with you preferably a TU rep the health and safety rep or if not a colleague and ask them to take notes in the meeting. If you go on the Gov.com website for maternity rights for pregnant women it is all explained and you can point this out to your employer. This is discrimination and it is wrong. Acas can assist you too as said and the helpline is +443001231100. I know I have already mentioned it but I really hope you take action and get the support you need and deserve. Good luck x

Knickerknack · 18/08/2024 19:34

Keep notes and get ready to sue

sassyclassyandsmartassy · 18/08/2024 19:28

As a UK employer who has had several pregnant ladies in my time I can tell you that they should be carrying out regular risk assessments and making any reasonable adjustments necessary. You need to speak to ACAS and take legal advice. You will have a case.

ScaryM0nster · 18/08/2024 19:27

HR aren’t overly helpful with this sort of thing, whereas health and safety managers tend to be pretty hot on staying the right side of health and safety legislation.

the link you’ve been given earlier is pretty clear, their required to suspend you on full pay if they can’t make the workplace safe for you.

There should be some posters up somewhere about the Health and Safety at work Act with contact details for the responsible person on. Contact them and ask them specifically to find a way to make it safe for you to work while pregnant, given that your pregnancy related conditions are making things unsafe and that you haven’t had a revised risk assessment since the conditions changed.

If they can’t, ask them to arrange for you to be suspended on full pay as per the HSE guidances.

Flossyts · 18/08/2024 19:21

Just be careful, I’m fairly sure that if you go off sick within a certain time frame of your due date, they can force you onto mat leave early x

SlowRunner06 · 18/08/2024 19:18

Those saying just go on maternity leave or go at 36 weeks...why should she? The employer has legal obligation.

TheOracleofNothing · 18/08/2024 19:13

In my work, if you have been employed for 2 years and thus are entitled to employment rights, we would have to make reasonable adjustments by law. If we didn't, you could take us to tribunal and probably win. A working station, chair and rest breaks are definitely reasoble.

I would put your request in writing (email) and if boss declines you have evidence. I would seek advice from a union (join one) or citezens advice. Good luck

DroopyEyelids · 18/08/2024 19:10

Call ACAS. Tell them everything you said in the post. Hopefully they can help. They open tomorrow at 8 https://www.acas.org.uk/contact
Your manager is a dickhead. I’m assuming youngish and doesn’t have children.

Contact us | Acas

Contact details for Acas, including phone numbers to call our helpline, training and other Acas services.

https://www.acas.org.uk/contact

SoHotandPregnant87 · 18/08/2024 18:23

I also have PGP, have had it since week 15 and by 28 weeks I couldn't stand or walk for more than a couple of minutes, it is absolutely crippling. Other women here are giving you great advice already re work adjustments, I just wanted to express my sympathy because people around me just didn't have any understanding for me at all and I became extremely depressed. You're in a very difficult spot.

Please take care of yourself though because if you try to push through the pain, PGP will stay with you after pregnancy and you'll need to change work then anyway. It's an absolute nightmare.

Askingforafriendtoday · 18/08/2024 18:12

Mrsttcno1 · 17/08/2024 11:01

Contact ACAS, Maternity Action, and your union OP. You need proper advice and you need your union rep to come to the next meeting you have about this.

Yes, good advice

ElleintheWoods · 17/08/2024 15:19

@orangesss https://www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/check-health-and-safety-risks

I would ensure all comms are via email/ written forms and nothing verbal, considering your treatment so far.

if you have a verbal meeting, I'd take my own notes and email them through to the participants to keep a record - that they have a chance to correct if there has been a 'misunderstading'

Check health and safety risks - Managing pregnancy and maternity - Acas

The assessment required for pregnant women and new mothers, and what you must do if the assessment identifies any risks.

https://www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/check-health-and-safety-risks

InfradeadToUltraviolent · 17/08/2024 15:00

LookItsMeAgain · 17/08/2024 12:58

Based on this post, I'm going to guess that the HR is based somewhere in the EU so they are probably breaking EU legislation too.

Gather the information you need and then forward it to HR, Occupational Health & Safety and your manager and advise them that due to their lack of a formal H&S review at the start of this pregnancy, you're unable to continue working until the minimum requirements are met. You'll still show up (so they can't say that you're not available for working) but you won't be able to work - sit on a sofa in store until such time as your basic requirements are met.

That's what I would do.

Could be Japan or the USA. Neither are known for their empathetic treatment of pregnant workers.

whyNotaNice · 17/08/2024 14:55

Life is too short to be doing this to yourself and no amount of money is worth it

whyNotaNice · 17/08/2024 14:55

i JUST gave up work once pregnant. Restarted after 8 years

Northby · 17/08/2024 14:51

OP - don’t ask, tell them!! Just go through the HSE website, politely inform them of your rights under English law (assuming you’re in England - Scotland or NI will be different). If you want to provide your own stool (if you already have one) then just tell them you’re doing that. If you don’t have one, tell them you look forward to hearing how they intend to comply with their legal obligations and you’re available for a call on Monday. Do NOT let them get away with pregnancy discrimination!!!!

From reading a couple pages of that HSE link, I personally would say something like the below (if I had a GP letter as described), but I’d maybe run it past ACAS or somewhere helpful first to see what they think:

Dear HR

I enclose a link to the website for the Health and Safety Executive with reference to workplace requirements pursuant to English law for pregnant and new mothers: www.hse.gov.uk/mothers/employer/index.htm

I informed the company of my pregnancy on [DATE]. I understand it is a legal requirement to complete a risk assessment relating to my pregnancy, and record and share its findings with me. This must be reviewed and updated as necessary. I have yet to receive this risk assessment. Please provide this risk assessment as soon as possible.

A recent and material consideration to include in this risk assessment is my symptom of severe and debilitating pelvic girdle pain. I have been referred to physiotherapy for this symptom and await my appointment.

The HSE advises that employers must take account of any medical recommendations provided by a pregnant employee’s doctor or midwife. I therefore enclose a letter from my GP stating that due to this symptom I require reasonable adjustments including a stool at an appropriate height for the duration of my shift.

If you are unable to provide a stool, please confirm how you propose to comply with your obligations under health and safety law with reference to my pregnancy. If useful, may I draw your attention to paragraph 2 of the link enclosed above which summarises next steps.

I look forward to hearing from you soon.

Best regards

BobbyBiscuits · 17/08/2024 14:40

How can he want to lose a staff member in the name of not supplying a twenty quid chair?!
Surely head office and HR would have something to say about that? You cannot stand up for that long. There is a simple solution.
It sounds absolutely discriminatory and ridiculous.
Could you supply your own and invoice head office? You should not have to though. No way.

jellycatandkittens · 17/08/2024 14:34

motheronthedancefloor · 17/08/2024 12:21

The duty to make reasonable adjustments in the law only applies to disabled people, not pregnant women. So get that understood - you can ask and they can say no because whilst pregnant women have rights, its not the same rights.

Please don't use the language of 'reasonable adjustments' because as I said that is legal terminology that only applies to disabled people. No wonder he smiled, he was probably holding back laughter at your incorrect assumptions.

You do need support at work but that wont be the same as for a disabled person as your legal rights are different. Your best chances are to go down the health and safety argument, not 'reasonable adjustments'.

Your probolems are not a permanent issue.

Edited

Well you seem like a lovely person. If you're a manager I feel very sorry for your employees
OP this vile poster is wrong and you are right, so keep pushing

www.google.com/search?q=reasonable+adjustments+pregnancy&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari

allthemiddlechildrenoftheworld · 17/08/2024 14:27

@orangesss how long do you have to go before baby is born?? can you go on maty leave earlier?

MikeRafone · 17/08/2024 14:14

Mrsttcno1 · 17/08/2024 11:01

Contact ACAS, Maternity Action, and your union OP. You need proper advice and you need your union rep to come to the next meeting you have about this.

this ^

RedHelenB · 17/08/2024 14:12

I'd start maternity leave in this situation.

Morph22010 · 17/08/2024 14:04

Jumpingthruhoops · 17/08/2024 13:16

Are you on a zero hours contract OP? I ask because if you were salaried you'd probably be due more than SSP for starters.

Also, if you are on a zero hours contract, then I suspect your manager just doesn't 'want the faff' of granting your reasonable adjustments when he could just, in theory, get someone else in and not give you (m)any shifts.

My dh works 40 hours a week and only gets ssp when he’s off. It’s only really office jobs, professional jobs and public sector who get more.

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