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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:
IVbumble · 17/08/2024 14:01

Contact your Occupational Health Dept for further support if they have one.

surreygirl1987 · 17/08/2024 13:46

Wowwww. Usually I get frustrated by pregnant women being quite entitled in the workplace and thought this would be another one of those threads, but I apolpgise for expecting that, as this is SO out of order! What terrible employers. Absolutely get everything in writing and give ACAS a call. Go and see your GP too - you need all this recording officially.

Swimmingatdusk · 17/08/2024 13:43

My friend had crutches when she had severe pelvic pain in pregnancy, can you get hold of some to. a) help you while working and b) show how serious it is. You shouldn’t have to though, what you are asking sounds very much like reasonable adjustments, is there anyone who would be happy to accompany you to another chat with your manager to support you? It’s just human nature that there is strength in numbers.

FloordrobeIsGoingToGetME · 17/08/2024 13:38

@motheronthedancefloor

😮😮😮😮😮

Why did you take the time to provide such wrong advice??

And with such force, too "get that understood".

Jeez.

Pipsquiggle · 17/08/2024 13:33

Hey @orangesss

Sorry you are going through this. Which country is your retailer based in? Just wondering if it's American where they have woeful practices re pregnancy/ maternity.

Retail in the UK is usually pretty good at adapting for pregnancy. I have worked at many grocery retailers where they all have comprehensive pregnancy adjustment policies particularly for store and depot staff.

Absolutely get down in writing what your manager has said and your understanding of it. Get in touch with your HR person start quoting the equality act. Go to 'pregnant then screwed' website which has great information

SunnyHedgehog · 17/08/2024 13:31

Thepartnersdesk · 17/08/2024 12:28

I would set it out in an email. Just so you have a paper trail. And copy in HR.

Keep it very polite but factual. E.g:

Dear xx

Thank you for taking the time to discuss my concerns regarding my pregnancy and PGP as documented in my maternity notes.

It is no longer possible for me to stand for the duration of my shift.

I am seeking reasonable adjustments to enable me to continue and have requested the following:

  • four five minute breaks to be evenly spaced throughout the day. In our meeting you confirmed these would need to be unpaid and to be taken as 10 minutes breaks. I am happy for these to be unpaid but would like the frequency originally requested. It is important to have regular time off my feet so wonder if this could be reconsidered.
  • I requested the use of a stool at an appropriate work station. You said this would not be possible due to budgetary issues. I am happy to provide my own. Please could you confirm if this is acceptable?

I am also still awaiting my pregnancy health and safety assessment and would be grateful if this could be done as soon as possible.

I am keen to continue working and I will be able to perform my role to the expected standard with minor adjustments.

Best wishes

It ensures you have evidence and people panic when confronted with their unreasonable behaviour in polite writing.

I agree- I also like to add in this...

Just to summarise the key points from our discussion today:

  • Regarding breaks you have said...
  • Regarding the stool you have said...

It can help to create a paper trail of a verbal discussion, I always keep it honest and unemotional, and the manager can always respond also.

Oceangreyscale · 17/08/2024 13:30

This sounds completely awful, I hope the advice given so far is helpful.

Just wanted to add that the London School of Osteopathy offers cheap appointments with supervised students and massively improved this issue for me when I was pregnant. Other osteopathy schools may do the same.

Scentsless · 17/08/2024 13:27

This is what I might be inclined to do. See if anyone I know has a wheelchair and if so, ask to borrow it. Turn up at work in said wheelchair and say you are reporting for work. Tell them doctor has advise you need to be seated most of the time. Ask them where they are going to put you at work. Granted, this is probably not the best course of action, but it would be amusing to see what the manager says/does.

catsnore · 17/08/2024 13:21

This is awful.

I had some problems with bleeding in pregnancy and my work were absolutely fantastic. Immediate written risk assessment as soon as I informed them, asking what I needed to be able to keep working. Rearranged my workspace so I didn't have to do any lifting. Assigned colleagues to help with the hardest/most physical tasks.

That's what it should look like!

You need to stick your neck out here. Make trouble. Demand things that are your right within the law. Turn up with your own stool and sit on it!!!! Get GP/midwife backup. Demand things in writing/by email so you have a paper trail. Get legal advice if necessary.

Fantapops · 17/08/2024 13:16

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

Thankfully, you couldn't be more wrong. Pregnant women are very much protected under the Equality Act and have very specific laws & policies relating to working during pregnancy that absolutely fall under reasonable adjustments.

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.

Mumofoneandone · 17/08/2024 13:16

Keep notes of everything - this is discrimination and if there are problems further down the line then you have evidence!

Morph22010 · 17/08/2024 13:11

Email him confirming your conversation exactly as you’ve put above. Put at start i am emailing to confirm my understanding of our conversation, then at end out if I have misunderstood anything please let me know without delay,

otherwise further down the line he’ll deny what he’s said and said you misunderstood, people also don’t like things in black and white as they can’t gaslight and say you misunderstood. It sometimes forces them to say you must of misunderstood as they didn’t mean that at all

Amy1117 · 17/08/2024 13:10

I'd be fuming aswell. They should provide reasonable adjustments for you and it sounds like they are refusing. I would contact acas as others have said. If you can't go on the sick I suggest taking the breaks and sit downs anyway. What's the worst they can do ! Your boss sounds like a knob!

UniversalAunt · 17/08/2024 13:05

Following in from very helpful advice before, I strongly encourage you to contact the ACAS helpline as soon as you can, as they may offer to email/write to the UK HR business partner to s-p-e-l-l out your H&S & employment rights.

Tackle the low hanging fruit first.

Retail store with just a few branches in UK?

LookItsMeAgain · 17/08/2024 12:58

orangesss · 17/08/2024 11:45

@ButtSurgery sorry, Book a GP appointment was what I meant in response! To get a fit note that reinforces what I'm saying!

It's a big company but only a few UK based stores as not a uk company originally. Most of the HR etc is based in a different country so everything is over teams and hard to get in touch to arrange meetings etc.. UK member of HR doesn't seem to know what they're doing. It's an odd structure for sure! 😫

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.

beetr00 · 17/08/2024 12:58

Just to echo all the other excellent advice and resources @orangesss

An employer must also LEGALLY provide a pregnant woman with somewhere to rest, and lie down if necessary.

Am I entitled to more breaks while I'm pregnant?
Yes. You should agree this with your employer. The length and frequency of your breaks will depend on the hours and nature of the work you do.

www.qualitysolicitors.com/employment-law/working-whilst-pregnant/faq/am-i-entitled-to-more-breaks-while-im-pregnant#

Bobandbear · 17/08/2024 12:54

I’m also wondering if it’s worth emailing your manager a link to a summary of the responsibilities employers have for pregnant employees.

orangesss · 17/08/2024 12:54

Thank you so much to everyone who's provided some amazing advice. I'm ever so grateful and after a little blip this morning I'm set on getting this sorted! He's being extremely unfair! Thank you x

OP posts:
Bobandbear · 17/08/2024 12:51

Contact pregnant then screwed for advice, they were wonderful when I encountered discrimination while I was on maternity leave and offer free ongoing advice and support from a named solicitor. The fact that they haven’t done your maternity assessment goes against them and the things you’re asking for are a reasonable adjustment but that doesn’t help you right away. I’d also send a follow up email summarising the conversations you’ve had so far so you have evidence of these. I’d definitely ask about taking your own stool in too. Good luck with it.

Rosscameasdoody · 17/08/2024 12:51

RB68 · 17/08/2024 12:45

Equality law should also not be conflated - and yes you could have a discrimination issue here as well (well its clear you do have to be honest). The immediate issue is H&S based.

For me its clear your manager has no clue on this front, but in retail doesn't surprise me

Not conflating anything though. EA calls for risk assessment and reasonable adjustment, and applies to pregnancy as a protected characteristic in the same way as for disabled people. The employer is in clear breach of that as well as health and safety issues. It depends on which course of action will result in the quickest resolution. The EA states that employers can’t act against medical advice so a possible solution is for OP to visit her GP and tell them what’s happening, and what she needs, and have the doctor specify it on the fit note.

orangesss · 17/08/2024 12:50

@motheronthedancefloor just echoing the terminology used on the NHS website and other maternity websites. You know what I mean so don't be so pedantic! Haven't once compared myself to a disabled person and it's not a race to the bottom 😊

OP posts:
Rosscameasdoody · 17/08/2024 12:48

mrstrickland · 17/08/2024 12:40

why are you commenting when you clearly don’t know what you are talking about? Poor form

Please don’t flame me because this isn’t intended to be ableist - I’m disabled myself, but I suspect this poster is disabled. I was a disability outreach worker for a long time, and came across this mindset a lot. Some people claim reasonable adjustment as only applying to disability because that’s their only experience of it - the last sentence ‘Your problems are not a permanent issue’ gives it away IMO.

Sammyk85 · 17/08/2024 12:47

Do you have a union?
health and safety department?

LucyMay33 · 17/08/2024 12:45

You have so many rights, please look them up, send to your HR representative and say the company has not followed correct procedures by law, that you will raise a grievance if they don’t make reasonable requirements. Your manager sounds horrible and sorry you’re in this.
I returned from maternity a year ago. Before I went off I was being given more and more work (I manage a team) and ended signed off for 2 weeks as blood pressure through the roof due to work (was 115 normally but raised to 165) When I came back they ensured they didn’t overload me but this was instigated by HR. Go to your dr and get signed off but say it is due to work stress (don’t say pregnancy pain on sick note) as then you can’t be made to start maternity early.

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