Work being a dick

[Crappygilmore]

Ok. So wwyd really. A work colleague of mine is pregnant. Yay! She is struggling at work as sometimes our jobs involve heavy lifting . The big boss knows this and the assessment she had recommended she go on lighter duties till she goes on maternity. But now she's rota'd on one of these heavy lifting shifts. She told them she couldn't do it and could she have a lighter shift. But boss comes back and says no. Her point was it she can't do this shift then she should go off sick (without pay naturally) and then they'll review her hours ect. She said absolutely not. All she wants is a lighter shift (she's no shirker and a bloody hard worker.) So big boss comes back with, well if you can't do the job we pay you for we'll take your hours away. (On yeah and we're 0 hours contract) can they do this? How the fuck can she find out by Friday morning if this is illegal and what her working rights are. Given that the CAB said she needs legal advice which on 9.50 an hour she can't afford.
Sorry it's a bit long winded. But any advice would be gratefully received.

She can call ACAS and get good, solid advice from them free of charge.

Contact her union or ACAS. She shouldn’t have to pay for legal advice. Are you in the UK?

Call ACAS.

No union. In England though.

This is one of the things that really makes me mad about worker rights in this country. We are in the EU and somehow don't benefit from many aspects of labour laws that the French, the Germans, the Dutch and many others enjoy. We all pay our taxes, yet when it comes to worker protection, there is hardly anything there! I hope your colleague manages to keep her hours!

Thank you I've txt her the ACAS name and she will contact them straight away. She's very concerned and doesn't need this almost halfway through pregnancy. Thank you all for reply ing.

If this is a temp job, then she is probably better off just finding another temp job. This close to holidays, there should be plenty of temp jobs about. If it's perm, find out who is responsible for employee relations and speak to that person.

Acas definitely but I would also contact whoever did her assessment and seek their advice/support. If the dickhead boss did it challenge why they are not following their own assessment .

I would be about asking in writing why they were actively trying to make it impossible to work whilst pregnant without risking injury to myself or the baby and if it they had an issue with my employment whilst pregnant?

Make it clear that your boss isn’t been subtle enough about sexual discrimination and maternity rights.

Is there an HR at this employer she can talk directly to? It’s a bloody scandal in this day and age he wants her to risk the baby or not get paid.

Tiggerkid, that's because "we" vote Conservative don't support the unions.

Working Families are worth a call and the charity is worth supporting

Tiggerkid, that's because "we" vote Conservative don't support the unions.

This. The work that the Tories put in to break the unions in the 80s was astonishing - and yet working-class people still vote for them?

Nobody voted to have pregnant women face a dangerous work environment. Tbh I’d be tempted to find another job if it’s temp and shame them on Twitter etc.

But they did user, when they allowed Margaret Thatcher to destroy the unions.

Nope - point your friend to the HSE website and type pregnant worker in the search box

I'm pretty certain they can't do that whilst she's pregnant, they have to make reasonable adjustments by law. Pregnancy discrimination is not allowed, and the equal employment opportunity commission are a good starting point.

It is maddening that companies have such a blatant disregard for people's rights. This is absolutely not acceptable and she should contact HR if available.

The company has to conduct a risk assessment (which is sounds like they have done) and make reasonable adjustments. Failure to do so is discrimination under the Equality Act. If they are not able to make adjustments to make the work safe for the pregnant woman they must put her on paid leave until such a time that the risk is removed.

Taken from www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/health-and-safety-during-pregnancy-and-on-return-to-work/

If your employer employs people of childbearing age and the work could involve a risk to pregnant women or new mothers, the general risk assessment must include a ‘specific’ risk assessment of risks to new and expectant mothers arising from any processes, working conditions, physical, biological and chemical agents. This includes women who have given birth in the last six months and for as long as they are breastfeeding. It also includes a woman who has had a stillbirth after the 24th week of pregnancy.

If the risk assessment reveals a risk, your employer must do all that is reasonable to remove it or prevent your exposure to it. Your employer must give you information on the risks and what action has been taken.

If there are still risks and you have notified your employer in writing (see the next section) that you are pregnant, breastfeeding or have given birth in the last six months, your employer must consider the risks and take action as follows:

Step 1: temporarily alter your working conditions or hours of work, if this is reasonable and avoids the risk, such as allowing extra breaks, ensuring that you can sit down and avoiding heavy lifting.

Step 2: If that is not possible, your employer must offer you suitable alternative work on terms and conditions that are not substantially less favourable than your original job.

Step 3: If there is no suitable alternative work, your employer must suspend you on full pay for as long as necessary to avoid the risk.

Maternity Action is far better at this stuff than ACAS. She needs to phone them though as they take a while to respond to email - they're sadly very busy.

I actually think that if an employer can't fulfil the recommendations outlined in a maternity risk assessment, such as this, they need to keep her at home but pay her. I could be wrong but she should ask Maternity Action about this. She also needs to mention that she's on a zero hours contract - I'm not sure if it muddies the waters. I suspect that as she would have been rotated on they should pay her otherwise it would be discrimination. Afraid I'm getting a bit hazy on the details as I've been out of HR for a while and am getting rusty!!