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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:
Original poster
Hulahulahoo · 17/07/2020 15:28

It is really annoying because I CAN work from home. I've done it already before I was furloughed. They are using my stress as a reason why I can't without actually discussing with me whether I think that's correct. I'm not bloody stressed for goodness sake!! (Well I am now but only because of this 😂).

OP posts:
GisAFag · 17/07/2020 15:37

Those pregnant at my work, no matter how fat along, are not allowed back yet because of Covid. You're employer is doing the right thing

Original poster
Hulahulahoo · 17/07/2020 15:39

@GisAFag

Those pregnant at my work, no matter how fat along, are not allowed back yet because of Covid. You're employer is doing the right thing
I like 'how fat along' and will use that from now on Grin
OP posts:
Iwonder08 · 17/07/2020 15:46

Oh, I absolutely agree re discrimination! In a perfect world pregnant women would be treated just like everyone else. What I am saying is you can't rely on any employer being decent. Unfortunately it is highly likely that any pregnant woman will face some sort of discrimination one way or another. In any industry in UK.
I haven't told my employer about my pregnancy until 23 weeks for these reasons.

Balkin · 17/07/2020 15:48

@GisAFag

Those pregnant at my work, no matter how fat along, are not allowed back yet because of Covid. You're employer is doing the right thing
Rubbish. Pregnant women are allowed to work. There is no rule stating they must remain furloughed and being pregnant on its own is not a reason to place someone on furlough.

OPs work asked for her back, she didn't have to tell them she was pregnant, and the guidance is clear that once she did, they were to risk assess, allow WFH or suspend on full pay. You don't just get to put someone back onto furlough because it's the easiest option.

I also don't think using potential stress as a reason why you can't work from home is appropriate either. You an adult woman, not a fragile tea cup, you should be able to determine yourself whether you think your work would be too stressful for you right now. It is quite clearly an excuse because they'd rather have someone be physically in the office than have you work from home.

Balkin · 17/07/2020 15:49

The biggest thing for me here is that the employer asked for you back, then and only when they discovered you were pregnant, did they change their mind. That's where the discrimination comes in and that's where they are breaking the rules imo.

ForgotAboutThis · 17/07/2020 15:52

If you're able to work from home, and they need you to work, you should be allowed to do so.
Ask for a copy of the risk assessment, speak to ACAS and get EVERYTHING in writing. Communicate via email, not over the phone.
Also, look up Pregnant Then Screwed and Maternity Action, as they may be able to offer some advice.

ForgotAboutThis · 17/07/2020 15:53

And yes, if they asked for you back then changed their mind because it was assessed as too dangerous, and an alternative role can't be found, they should suspend you on full pay.

ChazsBrilliantAttitude · 17/07/2020 16:41

“ Do not furlough without agreement, select for redundancy, dismiss, overlook for promotion or reduce the hours, shifts or opportunity for bonuses of an employee just because:

they are pregnant
they have a pregnancy related illness
they are about to go on maternity leave
you want to avoid obligations under health and safety legislation”

From the above link

Smallsteps88 · 17/07/2020 16:47

You don’t just get to decide that work will be too stressful for someone because they are pregnant. that’s utterly ridiculous. Pregnant women work in all sorts of roles without issue. some pregnant women experience pregnancy related issues that cause stress but it absolutely cannot be assumed that because a woman is pregnant she will find work too stressful to do her job.

ChazsBrilliantAttitude · 17/07/2020 16:48

Also why are you taking AL for pregnancy related medical appointments? I thought you were entitled to separate paid leave for antenatal appointments. You need to check with ACAS or a maternity rights organisation.

Smallsteps88 · 17/07/2020 16:54

From my understanding OP had been told whilst on furlough to book her AL in July (along with all other staff) and wasn’t expecting to be brought back to work by then so she hadn’t specifically booked AL for her appointment.

LonginesPrime · 17/07/2020 16:55

What Chaz says.

If WFH is possible for your role, it seems mad they've decided that you wouldn't be able to handle it without even consulting you.

This might be completely off-base, OP, but I wonder if they mistakenly believe they'll be able to use your furloughed rate for SMP calculations and that's what's driving their decision.

ChazsBrilliantAttitude · 17/07/2020 16:58

Yes but shouldn’t come out of her AL allowance if it’s sickness / medical/antenatal There is EU case law on this if I remember correctly where workers on required AL could claim it back if they were sick. I am not an employment lawyer which is why she should check.

Chocolatesmellsfunny · 17/07/2020 17:04

It's absolutely discrimination.

I would suggest speaking to your union or ACAS or both.

Shamoo · 17/07/2020 17:15

The biggest issue is that they are paying you at 80%. That’s discrimination right there. If they were topping up to 100% I think it would be a different discussion.

It’s clear from the furlough rules that it is possible to furlough people for reasons other than just lack of work, the most obvious one being people who are shielding. I wonder if they have done it from this, thinking they are helping you out.

But if you can genuinely do your job from home then there is no excuse, especially when there is a financial impact for you. I would ask for the risk assessment (taking into account the fact that your job can be performed from home) and then go from there.

That said, I don’t know why people need to make sweeping statements like this: “Employers are never nice, telling them you are pregnant wasn't very smart if you wanted to resume work“ - absolute rubbish, there are plenty of employers who are nice and who do try to do their best by people. OP needs to explore whether that’s what is going on here (In which case she should be able to get them to understand they are wrong) or not.

LonginesPrime · 17/07/2020 17:25

I think it would still be discrimination even if the money were the same - treating OP like a delicate flower and removing her agency to contribute to the decision on whether she can cope mentally with the demands of WFH purely on the basis of her pregnancy is still discrimination and could potentially have a negative impact on OP.

Original poster
Hulahulahoo · 17/07/2020 17:36

@Smallsteps88

From my understanding OP had been told whilst on furlough to book her AL in July (along with all other staff) and wasn’t expecting to be brought back to work by then so she hadn’t specifically booked AL for her appointment.
Yes this is the case. I was asked to take AL whilst on furlough and they were just going to pay me full day's pay for these days whilst I was on furlough so it wouldn't really matter when it was taken as I was off anyway. My hospital appointment just coincidentally happened to be the same day.

When they asked me to go back next week, I thought seen as I'd been off already for ages, I'd just keep them as holidays as I didn't want to take the mick but wanted to explain to work why I needed to keep them and couldn't re arrange them for another time which is why I told them about the pregnancy.

OP posts:
Original poster
Hulahulahoo · 17/07/2020 17:40

@Smallsteps88

You don’t just get to decide that work will be too stressful for someone because they are pregnant. that’s utterly ridiculous. Pregnant women work in all sorts of roles without issue. some pregnant women experience pregnancy related issues that cause stress but it absolutely cannot be assumed that because a woman is pregnant she will find work too stressful to do her job.
Thank you, this is what has upset me. It's just been determined that I'd find something too stressful without my opinion even being taken into account or discussed. How can someone else determine what I will find too stressful?

I understand they want to protect themselves in case something happened but surely the protection is asking me if I'm okay or would find it too stressful. If I say no I'm fine then surely that is all they need? The responsibility is back on me then surely?

OP posts:
Original poster
Hulahulahoo · 17/07/2020 17:41

This might be completely off-base, OP, but I wonder if they mistakenly believe they'll be able to use your furloughed rate for SMP calculations and that's what's driving their decision

I hadn't thought of that but I'm not due until February so furlough would have finished before I was due on maternity anyway.

OP posts:
LonginesPrime · 17/07/2020 18:15

How can someone else determine what I will find too stressful?

Well exactly - and aside from the issues around their unilaterally having made this decision, the fact they've concluded that you would find it too stressful precisely because you're pregnant is discriminatory too.

Original poster
Hulahulahoo · 17/07/2020 18:25

They are saying 'due to my history' as in my fertility issues. Which again I get but why isn't that my decision? And medically speaking, my fertility issues weren't caused by stress, it was a legitimate diagnosed medical condition.

OP posts:
ChazsBrilliantAttitude · 17/07/2020 18:47

Fertility issues aren’t pregnancy issues unless they also make your pregnancy more vulnerable.

OoohTheStatsDontLie · 17/07/2020 20:24

I'd ask for a copy of the risk assessment. I can see why they may not want you in the office or wherever you work as you're classed as vulnerable and some employers automatically shield this group. But it seems harsh deciding for you that you'll be too stressed working from home - stress at work depends on the tasks and the hours but also the individual employees home life and physical and mental resilience. I'd challenge this part of it and make it clear you will keep up a dialogue if you feel stressed and also outline what steps you will take to make sure you don't get stressed (eg regular breaks, regular dialogue with manager etc) and make it clear that you have done your own risk assessment and you consider that you are able to work from home