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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:
orangesss · 17/08/2024 11:32

@vdbfamily I'm not bothered about them being unpaid, just the fact he's not budging on 2 x 10 minute breaks. If I'm being unpaid for them surely I could have 4 x 5 min breaks. It's purely just to sit down.. I wouldn't even need the breaks if he let me have a stool/chair. I just cannot physically stand up for 7.5 hours. Not in the financial situation to take it too early but thinking will have to. Even then it's only statutory pay so I've saved up my whole pregnancy. 😩

OP posts:
ToBeDetermined · 17/08/2024 11:31

I want to sign off but can't possibly live on statutory sick pay

Your company has no sick pay?

ToBeDetermined · 17/08/2024 11:30

Can’t you get signed off on sick pay now due to the pelvic pains and work sayin zero reasonable adjustment can be made without it stating the clock on maternity pay?

vdbfamily · 17/08/2024 11:27

Do you have an issue with the breaks being unpaid or is it that they are not at convenient times for you? I think he has a duty to be flexible but not too pay you for time you are not working. Can you not start maternity leave a bit sooner?

orangesss · 17/08/2024 11:19

Thanks everyone, just to clear stuff up.

I'm UK based, didn't want to be outing but it's retail if that gives any more context... we have a few stations in the store and I've asked to be placed at one I can sit at with a stool which has basically been refused.

I will email today and ask if I bring my own stool in would it make a difference. I assume he'll say no as it's not health and safety assured etc. which will then cement to me that he quite obviously has a problem...

Thanks for the advice everyone. I just don't know what to do. He was fine with me before I got pregnant. I want to sign off but can't possibly live on statutory sick pay until my mat leave is triggered early 😫

OP posts:
Getitwright · 17/08/2024 11:15

Apologies, just realised you do get Statutory sick pay.

Getitwright · 17/08/2024 11:13

Agree with those telling you to seek out proper legal advice, and make diary notes of what you ask for, when, and any help given following. Your workplace has a duty of care towards you and your unborn child. Try not to let it become confrontational. Why don’t you get Statutory sick pay?

Hoping for your sake this isn’t some terrible sweatshop factory place. Once you have had your baby, take some time to consider a work change maybe, with better employment rights, and a more caring environment. Hope things go well.

nutbrownhare15 · 17/08/2024 11:07

For the pelvic pain see www.pelvicpartnership.org.uk you will probably have to go private for an effective treatment. There is a list of recommended practitioners.on the website. Was life-changing for me.

redalex261 · 17/08/2024 11:02

what would they say if you showed up with your own stool? If he refused to allow it I would definitely go employment tribunal route and put sick not in.

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.

redalex261 · 17/08/2024 11:00

This sounds very bad. Will you be forced to start maternity leave if you go sick? It appears so from time scale you mentioned if in UK. A stool is not unreasonable. Is the objection purely on cost or just that they don’t want the stool there? TBH I would want to raise a discrimination case against them but that won’t help you short term.

They are flouting every rule in the book re health and safety for pregnant women. Document everything, consider submitting sick line and raise a discrimination case is the right answer, but how will that affect your finances now?

orangesss · 17/08/2024 10:58

Sorry I should've clarified! I do get a 30 min unpaid lunch but I was asking if I could have a few more short breaks scattered throughout the day (even 5 minute ones where I can just sit down). He said I can take 10 mins unpaid after my first 2 hours and 10 mins unpaid an hour before I finish. I asked for them to be broken up and he said no as not convenient. Better than nothing I guess but doesn't really help 😩 especially as the main adjustment I needed was a stool/chair...

OP posts:
Nn9011 · 17/08/2024 10:51

Are you in the UK? How long are your shifts? If in the UK and working a normal 8 hours shift then 2x10 mins is illegal.
You are totally within your rights to ask for reasonable adjustments. This charity help women with problems like this during pregnancy, might be worth reaching out to them - https://maternityaction.org.uk/advice/pregnancy-discrimination/

Pregnancy discrimination - Maternity Action

This page contains information on: Pregnancy discrimination Time off for antenatal careHealth and safety during pregnancy Sick leave during pregnancy How to resolve disputes at work Benefits if you are expecting a new babyWhere to go for more helpMore...

https://maternityaction.org.uk/advice/pregnancy-discrimination

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