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

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

Pregnancy is covered by the Equality Act 2010 as well as health and safety laws and the EA talks about reasonable adjustment in the same terms as apply to disabled people. Disability and pregnancy are both protected characteristics under the EA and entitled to reasonable adjustment to accommodate in the work place. Any refusal for reasonable adjustment has to be for clearly stated operational reasons.

Before going off sick, op, check the Gov website which explains that employers must take reasonable steps to avoid risks including those caused by sitting or standing for long periods. That if an employer can’t ensure your safety or find you alternative work, they must suspend you on full pay.
Then, as others have sensibly suggested, ring ACAS and explain to them what’s happening. They’ll be able to further advise you.
I am so tired of hearing about employers who think they don’t have to even know the law as it applies to pregnant women let alone stick to it. My children were born in the 2000s/2010s; how sickening to hear that pregnancy discrimination is still going strong.

www.gov.uk/working-when-pregnant-your-rights

If your employer cannot make reasonable adjustments for you to do your job, you are legally entitled to take a suspension ON FULL PAY, this is typically reserved for those roles in which a pregnant woman would be put at harm if they remained in work, such as working with ionising radiation as an example. Remind them of their legal obligations.

I would advise contacting ACAS as well as the HSE, if you can afford to possibly resigning with immediate effect citing constructive dismissal on the grounds of discrimination. Take it to a tribunal and you will receive compensation for loss of earnings plus some extra. But it won't be a quick process.

The way you are being treated is not only disgusting but illegal.

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

I would AGREE with previous poster don't conflate law regarding disabilities at work and that with regard to H&S. Technically you are afforded the same protection as disabled people under H&S law/ACOP's/Guidance but I was using reasonable adjustment in a none official sense (hence no caps). So the outcome of the Risk Assessment might be a recommendation to use a stool, technically this is a mitigation of the risk, which does have to be reasonable.

This isn’t correct. Pregnancy is a protected characteristic and is covered by the Equality Act 2010 - which actually talks about reasonable adjustment in the same terms as for disabled people. The employer has a legal duty to carry out a proper risk assessment and make any reasonable adjustment necessary to allow the pregnant employee to work safely and comfortably. If they cannot provide that reasonable adjustment it must be for clear operational reasons. The employer also cannot go against medical advice. Pregnant women are also entitled to sue for discrimination in the same way as disabled people.

The treatment for PGP is rest.

Realistically for your health I would go off sick and accept your mat leave will start automatically.

And now everyone is laughing at you for your incorrect assumptions.

Basically give them enough rope to hang themselves by providing you written evidence rather than you having a 'he said ' situation

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.

Under Health and Safety you are considered a vulnerable person and extra precautions have to be taken. You have had no proper H&S Risk Assessment (breach H&S), You have requested reasonable adjustment and it could easily be argued they have not provided anything other than 2 x 10 min breaks unpaid, could be argues reasonable but the unpaid bit would say not as it would impact any maternity pay. It is reasonable to ask for a stool - also to bring in yourself. The H&S argument is a dud one in this case given that the adjustment of a stool is reasonable and they have refused saying no budget, if you offer to bring one and they quote H&S ask them if other furnitures in the building have been assessed (I bet not as its not really covered, as long as you can show its built to take your weight and ergonomically works for you you should be good as this is all that is asked for desk chairs within a work station assessment). HR should have budget for this stuff if no allowance locally.

Interestingly H&S does actually say that if the work can be done from seated it should be - and that is for all not just the vulnerable.

When you do a risk assessment you have to look at what the outcome could be if you don't do something to mitigate the risk. In this case could be looking at premature birth, risk to life of child and further risk to life of Mother. Ergo they should sort a bloody stool out for you and allow you to use it at will to be honest and stuff unpaid sitting breaks.

Personally if you want to keep the job longer term (wrong way to look at it but I get the job risk thing) I would pursue the stool thing and get permission even if its bring your own in. I would then speak to colleagues and explain what is going on and that you need less strenuous work for the short term - so no lifting and shifting, stocking only to waist level and just above (no groveling on the floor etc) and regular time on the stool and work it out between you.

With regard to statutory sick and then maternity kicking in it can happen at 4 weeks before due date automatically due to ill health (pregnancy related)unless there is mutual agreement for it not to. By choice it can start up to 11 weeks before maternity leave, but remember if you start Mat leave early then it still finishes in the same time frame ie baby will be younger etc. You may have already expressed the option to only start Mat leave when baby is born but you can change this as obviously circumstances change.

Worth having a look here

Illness and difficult pregnancy - Managing pregnancy and maternity - Acas

• you are doing all the right things they are not. You could ask for an Occ Health review
• You could organise some antenatal appointments so shifts interrupted/finished earlier

Frankly with his attitude he deserves everything you throw at him to "get around" his stubborn discrimination.

The other thing I would say having worked for foreign based corporates myself is that they are often not fully aware of UK law around these matters and work to their own countries rules by default and need "reminding" that the UK is different. So another option is documenting your request for adjustments, mention of H&S and Risk Assessments for pregnancy and poss also maybe request OH review, copy in UK, Abroad and Mgr and go from there. GP letter as to what would be reasonable and that you are still fit for work otherwise may also help but you might have to pay for that.

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.

They have to conduct a risk assessment for pregnant workers.
They have to make reasonable adjustments that can be supported operationally.

At 31/32 weeks you can reasonably signed off sick until 36 weeks and start your mat from 36 weeks.

I'm sorry you can't cope on SSP. How will you cope on Statutory Maternity Pay.

I think it's a polite note to the UK HR person with the HSE link, formally requesting a risk assessment.. Sadly I suspect this organisation provides minimum statutory benefits to all and there will be no comparator of someone being treated better than you.

You have two choices here:

Fight them the whole way. Get support from all the organisations listed, and if necessary fight them right into the court to get compensation, and get the company fined for their appalling discrimination and law-breaking.

Go off sick, and then after your maternity just resign. (Check the rules about having to pay back any maternity money if you never go back there). Because why would you want to work for such a shitty company? Just leave, and move on with your life.

Nobody would blame you for taking option two - you don't have to take on the fight for the good of other women if you just don't have the energy.

Pregnancy is a protected characteristic under the Equality Act 2010. I’d ring ACAS and get some advice as well as the relevant section of the act. He’s breaking the law by just refusing without a reasonable account of how any of your requests would impact the workplace. I don’t think he can dock pay either, but you need to clarify with ACAS. Do you have HR - if so bring it to their attention because a formal risk assessment hasn’t been done - also illegal.

Sorry, edited because I’ve just seen your post re- HR. You need advice from ACAS and you need to contact your GP and tell them what’s going on.

Link to the relevant section of the EA below.

https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010/pregnancy-and-maternity#:~:text=The%20Equality%20Act%202010%20protects,characteristic%20of%20pregnancy%20and%20maternity.

You can't book an appointment to see HSE, that's not how it works I'm afraid. You can use that guidance to speak to your employer though.

If it's retail, is it a small business or a chain? Is there a HR dept? Or a manager above your boss?

Please contact https://pregnantthenscrewed.com/, you're being majorly discriminated against.

You are being treated horribly and as a pp put it quite possibly illegally. I am so sorry you are having to fight for your rights, you shouldn’t have to. You should be able to focus on the pregnancy and your health without your work being such twats.

I don't have formal advice, OP, but you seem very very sensible and you are asking for very minimal adjustments which seem like they will make a big difference.

I hope you get it sorted. Your manager seems awful.

https://www.hse.gov.uk/mothers/

@orangesss ask your GP for a fit note that states “may be fit for work if a stool is provided and rest breaks” Tell your GP exactly what you need.

Email the fit note to your manager, copy in HR and your H &S rep. State as part of your maternity risk assessment you have been requesting this for weeks. State that if you work at x station you can use a stool so easy to solve.

You could also mention it’s maternity discrimination as well as a H &S breach.