To think my employer isn't allowed to do this?

[Dandybelle]

I'm 6 weeks pregnant. I told my employer this on Friday as I work in an environment where we sometimes move heavy boxes and occasionally work with chemicals.

About 2 months ago I put my hours up from 3 days (22hrs) to 4 days (30hrs) and as I understood it this was changed so these were my contracted hours now. Fast forward to today, where I've just been contacted by my manager to tell me that overtime had been cancelled and not to come in tomorrow, and to go back to 3 days until it had been reauthorised.

I was never told this was classed as overtime. My manager is aware that my financial status isn't great and that I'm doing an extra day because I'm desperate for the extra money. Now after finding out I'm pregnant again (I already have a 3 year old) money will be tighter than ever as I need to save.

When I told her I was pregnant she was not happy. She told me she thought I was mental and that she thought I was going to focus on my career, and was I sure me and my DP would even be together 12 months down the line?

AIBU to think this isn't right? What Can I do? She isn't in breech of contract as the contract was never changed, so not sure I have a leg to stand on.

Difficult one if your contract wasn’t changed but there might be other ways to prove this was an accepted change event if it wasn’t put in your contract. Do you have any emails or meeting notes, or even witnesses in your team?

I’d be contacting the CAB and/or your union (if you’re in one, I think you can still get advice from them if you aren’t), particularly as this could possibly be deemed discrimination because of your pregnancy.

I'm not sure but I would be speaking to your union and / or CAB as this sounds very dodgy. The things she said alone would be pregnancy discrimination.

What she said is not only unlawful - it is unforgivable. Good luck.

but your tax credits will go up on less hours?

Talk to ACAS today.
The Acas helpline number is 0300 123 1100. It is available Monday 8am-8pm, Tuesday 8am-6pm, Wednesday to Thursday 8am-8pm, Friday 8am-6pm and Saturday 9am-1pm.

www.acas.org.uk/index.aspx?articleid=2042

Was your contract ever officially changed? Ie. did you sign a change of hours form and get it sent off/authorised by your manager and HR? If not, I'm sure you have a leg to stand on in terms of your hours.

But she should absolutely not have spoken to you like that - that's awful. Are you a member of a union?

Did you put in a formal flexible work apppiucation to change your hours? Or have anything documented? If you can show your contract has changed this would be easiest.
If not what’s the company policy on overtime and what reason was given for cancelling your extra overtime?
You should repost this in the employment section for better advice.

When I told her I was pregnant she was not happy. She told me she thought I was mental and that she thought I was going to focus on my career, and was I sure me and my DP would even be together 12 months down the line?

wow she said that? That's discrimination right there, if you could prove she said that and then cut your hours (contract or not) I'm sure you'd have a case

I'd follow upstart's advice. It doesn't sound very professional of them but I think even in my job which is pretty generous for maternity (NHS) I have to have been working for X months before before 20 weeks for it to be accepted as standard hours and it sounds like your new hours wouldn't qualify. I particularly remember a colleague not getting paid paternity leave because he hadn't been with us long enough.

That's discrimination right there, no it isn't , it's a poor opinion, but there is no discrimination.

discrimination
dɪˌskrɪmɪˈneɪʃ(ə)n/
noun
noun: discrimination; plural noun: discriminations

1.
the unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex.

No, I never signed anything. I should have realised that at the time nothing had been made 'official' but I just took her word for it, very naive of me.

I'm not in a union. I will look into that.

I was really upset at how she spoke to me on Friday, but put it down to her just having had a bad day and lashing out at me (she is under investigation as part of a grievance made by a colleague) but thinking back I'm now thinking the two things are linked but there's nothing I can do about it as contract was never changed.

I will contact ACAS.

If the contract wasnt changed were the extra hours paid at the overtime rate?

I'd give Acas a call and discuss it with them

If the contract wasnt changed were the extra hours paid at the overtime rate?

Most places pay overtime at the normal rate until it exceeds a full working week. If OP only works 3 days, and was doing a fourth as overtime, it wouldn't be paid at a different rate to the other days.

It sounds like you've assumed the hours are a given, which is a bit naive, in future request everything in writing! If it was informal overtime then unless you can prove the hours are now given to someone else not pregnant (but not based on the other person being more flexible with start/end times, or able to do lifting that you can't which are reasonable reasons to choose another employee as a side effect to pregnancy) then you haven't got a leg to stand on (sorry!). Your boss is allowed an opinion (even if it's rubbish) the issue of discrimination only comes in if someone else is given better treatment because they aren't pregnant. If they scrapped the overtime altogether, or gave it to someone who can do times of day you can't, or who can work with chemicals when you can't, it's not discrimination. Did you not question not having a new contract or getting paid the extra pay a month later?

@HollyBayTree

Surely if the OP's hours are being cut or overtime refused as a result of pregnancy, that is absolutely discrimination.

maia there is no contract - the Op was on 'overtime' (unless she can prove otherwise) . hlr1987 has summed up very well

Good luck with ACAS!

I hope it was just her having a bad day, but it does sound pretty horrible, and a remarkable coincidence. Is someone else doing those hours?

Its not just the hours, its the comments she made. If she is already under investigation it might help your case with the company.

Even if ACAS cant help you, it will help them to know what the culture is where you work, and what the outcome is.

Even if the extra day was being treated as overtime paid at same rate then it should still be separated out on the payslip. If it was included in basic pay then you'd have a good case for saying that the 4th day was not overtime. Is overtime normally stated separately on payslips ?

Was it a good idea to fall pregnant when you are struggling financially?

Does your boss think you have increased your hours (& fallen pregnant) just to get batter maternity pay?

www.maternityaction.org.uk. Their helpline is 0808 802 0029 are better than ACAS for maternity and employment advice

HollyBayTree Ah, I see now you meant legally. Going by the definition you posted, and morally, it could be discrimination. I should have read the whole thread!

The things she said are outrageous and I'd be looking for ways to haul her over the coals about them.

Bollocks to it being 'just having had a bad day'. There's no excuse and she shouldn't get away with it.

As well as ACAS I'd be having a chat with an employment lawyer.

How do the hours appear on your payslip? Do you have a standard salary and then a separate section for "overtime/extra hours" even at the same rate?