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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To feel like this is discrimination?

59 replies

Hulahulahoo · 17/07/2020 14:02

I've been on furlough since March. I received a telephone call yesterday asking me to return to work on Monday full time as they are very busy and are now struggling and need people back. I was really really happy about this.

Back in June, we were all asked to take leave in July so we wouldn't all be taking it at the end of the year. If we were on furlough, we would just be paid full time for these days. It just so happens that the dates I selected were next week.

I am currently 10 weeks pregnant and have a hospital appointment booked for next week when I was due to be on annual leave (but was furloughed anyway) and the hospital also asked me to take two days off after this as I'm having a procedure done for which I am required to have bed rest for two days after.

When I was asked to come back I said yes absolutely however stated I wouldn't be able to cancel the annual leave I had booked for 3 days next week due to the appointment. I told them why and that I was pregnant.

I have a history of fertility issues which work are aware of and so I thought it best to just be honest with them about the reason I'm unable to just cancel this leave next week which I would have done ordinarily.

Work seemed fine and congratulated me.

Fast forward to today, I have received a telephone call this morning advising that following a 'risk assessment' they aren't allowed to have me back in the office due to the government guidance and also don't want me to work from home (which I was doing before furlough) because they think it will be too stressful for me being pregnant and so they are keeping me on furlough.

A colleague I've spoken to about it seems to think they are getting someone in from another office now to cover what I would have been doing had I gone back as they'd asked me to.

I'm feeling really upset about this. I am not stressed, I'm not currently off sick with stress, I've not suggested I am stressed, I have been stressed in the past yes but right now I am fine, I don't have a GP note or anything suggesting I cannot work.

I feel like they have found out I'm pregnant and decided it's too much hassle and so would rather get an 'non pregnant' employee back again.

I thought I was doing the right thing letting them know the truth about why I needed to be off next week and couldn't re arrange, I just wanted to be open and honest but tbh I wish I hadn't now as it's like I've shot myself in the foot.

They have said they will review it in a number of weeks and I need to remain on furlough for the foreseeable until they decide what to do.

I feel like I'm being punished for being pregnant essentially. I am now having to sit at home on 80% of my salary simply because I'm pregnant.

I know they don't have to bring me off furlough until they decide to / the scheme stops but AIBU to think this isn't right?

OP posts:
Anotherscentedcandle · 17/07/2020 14:04

Is there any way with your history of fertility issues they think they are doing the right thing by you, especially as you have said you are having a procedure and require bed rest?

Original poster
Hulahulahoo · 17/07/2020 14:09

It was dressed as concern for me but surely I should get a say in whether I am too stressed to work? I've been risk assessed behind the scenes and they've determined what I am or are not without even speaking to me about it.

It's a common procedure, they just recommend taking two days off work due to some cramping so you can rest.

OP posts:
Cam2020 · 17/07/2020 14:09

Hmm I think this is tricky. I can see why you'd think that but I also think they might be trying to protect you (and themselves). I guess it depends what the company are like in general with things like this.

KeepingPlain · 17/07/2020 14:10

It sounds like they are trying to be nice to be honest and wanting to prevent anything bad happening, or causing you stress. Plus they may feel they may be sued by you if anything were to happen by making you work. Not saying it will or you would, but they have to protect their interests too.

If you still want to return, just let them know. They may still say no, but you have nothing to lose by trying.

Original poster
Hulahulahoo · 17/07/2020 14:14

But I don't see why its up to work to unilaterally decide that I'm too stressed to be there. It feels very much like a 'ah too much hassle, get someone else back instead' as yesterday they were essentially begging for me back because they were so busy.

I don't want to be furloughed, it's stressful enough in itself, I've told them I am really happy to be coming back.

I would have just thought the least they could do is involve me in the decision rather than just deciding and telling me.

I'm just really disappointed, yesterday I was going back to work and was so relieved and now it's all up in the air again only 24hrs later. I just wish I hadn't said anything.

OP posts:
Smallsteps88 · 17/07/2020 14:15

I think they might be being a bit dodgy with the furlough rules tbh. Furlough isn’t for staff who can’t work due to pregnancy- I could understand if they said the covid risk of being in work was too high- that would qualify you for furlough but they specifically said you couldn’t work from home. Where there is no covid risk to to your pregnancy. So they’re paying you 20% less than your salary because you are pregnant despite being able to work. I would speak to a maternity employment specialist about this. I think they’re abusing the furlough scheme.

Original poster
Hulahulahoo · 17/07/2020 14:17

So they’re paying you 20% less than your salary because you are pregnant despite being able to work

This is how I feel.

The work is obviously there because they asked for me back. It's only when they found out I'm pregnant that they changed their mind.

OP posts:
KittyFantastico · 17/07/2020 14:18

I would contact your union, if you're in one, or ACAS and get advice on where you stand with this. Pregnant Then Screwed may have advice on this issue too as I can guarantee you won't be the only one in this situation.

The basic of it is that your employer must try to make your working conditions safe for you via risk assessment and putting adjustments in place. They've done the risk assessment and concluded it's not safe so they must alter your working conditions to make it safe, such as letting you work from home. As they have said they cannot let you work from home then section 16(3) of The Management of Health and Safety at Work Regulations and section 67/68 of the Employment Rights Act both say that your employer must suspend you on the grounds of maternity and that this must be at full pay otherwise it is discriminatory.

TL;DR - you are legally entitled to full pay. Get professional advice on how to proceed.

Original poster
Hulahulahoo · 17/07/2020 14:28

Thank you. I didn't think being pregnant alone was a reason to keep someone on furlough?

OP posts:
Oliversmumsarmy · 17/07/2020 14:29

I can kind of see from their viewpoint that they are trying to look out for you and the intentions come from a good place but I can see your side and how it looks on paper.

I think that you have to decide if this is about discriminating against you personally or they know of your fertility issues and think that taking away any pressures and letting you relax at home and keep pregnant is a nice thing to do.

I think that given the circumstances that whatever they did could have been seen as being not thoughtful.

Supposing you did go back to work and anything happened the people instructing you to go back to work are not robots and I am sure would be blaming themselves for putting you through the stress.

UmmH · 17/07/2020 14:35

They should do the risk assessment in consultation with you, NOT in your absence. That's not on.
Do you work in a particularly dangerous industry?

Original poster
Hulahulahoo · 17/07/2020 14:35

they know of your fertility issues and think that taking away any pressures and letting you relax at home and keep pregnant is a nice thing to do

But is that for them to just decide without speaking to me, do I not get a say in whether I want to relax at home or not?

I'm not relaxing at home, I'm sat here with 20% less pay. It's not a holiday for me. I was so relieved when I knew I'd be going back to a full time wage.

OP posts:
Original poster
Hulahulahoo · 17/07/2020 14:36

Do you work in a particularly dangerous industry?

No just a regular old office.

OP posts:
Original poster
Hulahulahoo · 17/07/2020 14:37

If they'd not asked for me back then fine, I'd still just be furloughed like I was already but now I feel like I've been re-furloughed and the only reason is because I'm pregnant. Essentially I've been put back in furlough once they found out that I was pregnant. You can't furlough someone simply because they are pregnant.

OP posts:
Balkin · 17/07/2020 14:40

Things like this are exactly why people are concerned about how this whole situation is going to affect women in the workplace, especially mother's.

No they shouldn't be furloughing you just because you're pregnant! You are losing money because you're pregnant when you are willing (and had already been asked) to go back to work full time.

If you were a man this wouldn't happen. It absolutely is discrimination, it doesn't matter if they are just being 'nice'. You should get to have a say in whether you are too stressed to work or want to have a nice relaxing time at home, it's your pregnancy, your income and your life!

Balkin · 17/07/2020 14:42

Is your husband being told to stay at home and 'chill out' on 80% of his wage? I bet not.

UmmH · 17/07/2020 14:42

So, working in an office while pregnant - that's what they think is too risky? Hmm.
Sounds like someone has messed up here. As @KittyFantastico said, you have rights in this situation. When I was pregnant my employer carried out the risk assessment with me and made simple adjustments like offering a space for me to sit while having lunch, and encouraging me to take breaks, etc. It shouldn't be a big deal. Definitely query this, and hopefully they will realise and bring you back Flowers

Original poster
Hulahulahoo · 17/07/2020 14:57

So, working in an office while pregnant - that's what they think is too risky? hmm

Apparently so Sad

I'm worried about kicking up a fuss as I don't want to risk redundancy. I know this is such a precarious situation for so many people right now. I'm just so disappointed.

OP posts:
ChazsBrilliantAttitude · 17/07/2020 15:06

Speak to ACAS

Ask them for a copy of the risk assessment, what risks were identifying and what alternative mitigants or adjustments were considered.

ChazsBrilliantAttitude · 17/07/2020 15:06

identified

Iwonder08 · 17/07/2020 15:18

OP, I don't think they are trying to be nice or care about you. Given there is no clarity around furlough rules I don't think you have a chance to argue against being kept furloughed. You have disclosed you are pregnant, it will give you a fighting chance to keep your job unless they will do mass redundancy, but absolutely no guarantee..
Employers are never nice, telling them you are pregnant wasn't very smart if you wanted to resume work

Original poster
Hulahulahoo · 17/07/2020 15:20

telling them you are pregnant wasn't very smart if you wanted to resume work

I didn't feel like I had a choice as I needed to be off next week and I knew they'd expect me to cancel if I didn't have a good enough reason given that I've been off for months.

Also surely the fact that it isn't smart to tell your employer you're pregnant if you want to carry on working is the definition of discrimination?

OP posts:
Original poster
Hulahulahoo · 17/07/2020 15:23

@ChazsBrilliantAttitude

Speak to ACAS

Ask them for a copy of the risk assessment, what risks were identifying and what alternative mitigants or adjustments were considered.

Thanks I'll ask for a copy.
OP posts:
KittyFantastico · 17/07/2020 15:23

Furlough rules don't overwrite employment rights or anti-discrimination laws.

It was not "not smart" of the app to disclose her pregnancy, the blame here is on the employer for treating her less favourably due to it.

Loveinatimeofcovid · 17/07/2020 15:25

If someone else is doing your work but they’re claim funding for your furlough that’s basically fraud. If you are close to your colleague then ask them to keep you informed regarding the replacement. If they try to make you redundant but have someone cover your work you’ll have a very good claim against them.