To feel like this is discrimination?

[Hulahulahoo]

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?

@LonginesPrime

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.

This.

I was told I couldn't do a particular duty at work when I was pregnant, involving seeing members of the public. I'd never actually performed this duty, as contact with the public was usually by post/online/by phone, but in theory someone could arrange to come into the back office instead.

They said it was too risky because they might become violent. It was not a high risk service (we were providing them with something they wanted, so there would be no reason for them to get upset with me), and there were plenty of other people working for that city council (and many many other organisations) in roles where they would still be seeing the public during pregnancy.

But I wasn't allowed to make that decision for myself. I was so angry about being patronised like that, it caused far more stress to me than any potential negative result from the thing that was never going to happen anyway.

@OoohTheStatsDontLie

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

Thanks. Yes this is the bit that's really fishy to me. They aren't a doctor, I don't see why they get to decide without talking to me first what I will and won't find too stressful.

Essentially to my mind they don't really want someone working from home so they've used stress as an excuse to stop me from doing that so that they can get someone non pregnant into the physical office because that's better for them. Meanwhile I'm losing out on 20% of my pay whilst someone else does my job which I'm perfectly able and willing to do and the only reason is because I'm pregnant.

And surprise surprise I've just found out that its a man they are bringing back from another office to do my job. So a bloke is coming back getting his full wage to do MY job which I'm perfectly willing to do whilst I have to sit at home on 20% less pay because I happen to be a delicate little pregnant woman.

This is definitely wrong and I agree with Balkin its just another example of women and mother's being disproportionately affected by all this.

The minute this changed for me was when they asked for you back essentially ending your furlough. If they had known all along you were pregnant and kept you on furlough, they would perhaps have an argument. However placing you back on furlough as soon as they found out you were pregnant is discrimination.

As per the link posted above, them wanting to avoid their responsibility to you under the legislation is not a valid reason to furlough you.

Their responsibilities as your employer are to make the office safe, if they are unable to do so, offer your a suitable alternative like working from home or suspend you on maternity grounds on full pay. Unfortunately the furlough scheme has given them an easy way out of fulfilling their responsibilities it seems.

It is 100% discrimination. Speak to ACAS.

I was furloughed and swapped out for someone who was on furlough 10 weeks ago as soon as my boss found out I was expecting.
She knew we had been trying for a while and we’re struggling to conceive.
Our job is very stressful and she said she would rather have me at home relaxing as if anything happened she wouldn’t forgive herself.
Don’t take it personally OP, if it’s the same as in my instance, they were doing it to look out for me.

@SkylinesTurnstiles

I was furloughed and swapped out for someone who was on furlough 10 weeks ago as soon as my boss found out I was expecting. She knew we had been trying for a while and we’re struggling to conceive. Our job is very stressful and she said she would rather have me at home relaxing as if anything happened she wouldn’t forgive herself. Don’t take it personally OP, if it’s the same as in my instance, they were doing it to look out for me.

But why should you or OP have to take a pay cut simply because you're pregnant? You are not allowed to treat employees less favourably (and them being on 80% of their wage is less favourable to those in the office on 100%) just because they are pregnant.

And furlough is not a 'get out of our responsibilities free' card.

And OP should absolutely get a say in whether or not she would find her work too stressful.

If your employer had been following the rules Skylines, they would have made adjustments to the office, allowed you to work from home or suspended you on full pay. You are losing 20% of your income because you're pregnant. That is discrimination.

Yes you are allowed to swap out furloughed employees but simply being pregnant is not reason to do so.

OP, does your work have a proper HR department or is this all being dealt with by line managers just muddling along taking their best guess at the law?