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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect my arse of an employer to provide me with a toilet as I am pregnant.

46 replies

tictacto · 17/01/2008 12:32

Having gone back to work following ML I am in a new location which is not yet finished.

The facilities are pretty dire even if you weren't pregnant. You have to climb uo two flights of stairs which are rough concrete and so bad and uneven that your feet catch as you walk- there is no natural light, no handrail (which is safe)at best if you lost your footing you would break bones at worst who knows. None of the other staff are happy about using the space but they won't speak out. I've had to because I am pregnant again, peeing like a drunk fish and have suffered form dizzy fainty spells since.

My employers have said there is no money to refit the stairs and have told me that I have permission to leave the building to use the public loos (which are a 5 minute walk away and mank- when I used them one time none of the loos had seats and there were turds on the floor- nice) However we have a rule in place which means that no single member of staff is allowed to be in the building alone. Anyone who does this would get the sack for endangering their collegues (oh the irony )

I have not gone in today and have told them that I will return when the stairs are fixed. They have responded by telling me that I am breeching my contract in my refusal to return, I in turn have expressed my concern that they too are breeching thier contract in providing me with a safe place to work.

It is so bad that I almost considered peeing in a bloody plastic cup rather than crap myself going upstairs.[pardon the pun emoticon]

I hope there is someone here who can advise me. My dh just goes through the roof with anger and has insisted I go to the press if they cause a fuss.

It's awful, I feel really sidelined and very worried especially as i have only recently returned and had to tell my employers I am pregnant again

OP posts:
meemar · 17/01/2008 12:35

There sounds like a terrible H&S issue here. Can you find out if the stairs are legally allowed to be like this?

SoupDragon · 17/01/2008 12:36

So there is a toilet but it's up 2 flights of uneven, potentially dangerous stairs?? I don't think you have a gripe about the toilet (or anything to do with being pregnant) but you probably have a valid one about the stairs,

NAB3wishesfor2008 · 17/01/2008 12:38

It just sounds all wrong. I would get some advice in case they sack you for staying off work.

tictacto · 17/01/2008 12:38

The H&S officer came and agreed that something should be done about it. She even said that as you get bigger there is no way you'll be able to cope. I know I wouldnt

Her words

OP posts:
VinegarTits · 17/01/2008 12:39

Sounds like a Heath & Safety hazard! Shove this under your employers nose. You are well within your rights to expect them to provide you with a safe place to work!

meemar · 17/01/2008 12:39

What has the H&S officer told your employer to do about it?

beansprout · 17/01/2008 12:40

Sorry to hear this, sounds grim.

I did read the other day that under British Law, a pregnant woman is entitled to relieve herself anywhere she needs to, including, if requested, in a policeman's helmet. Your employer's tea mug does spring to mind.

Seriously though, I hope this can be resolved.

mrspnut · 17/01/2008 12:41

Have they done a risk assessment of you as a pregnant worker?

It's definitely a health and safety issue - so perhaps a call to the HSE for advice may be in order.

Nooname · 17/01/2008 12:43

Post under employment issues - may get someone who knows about employment law.

I suggest you speak to an employment lawyer to check your legal rights in this situation.

callmeovercautious · 17/01/2008 12:45

Has she done a formal Risk Assessment? Get a copy of it. If the Stairs are unsafe to use then that has to go in the RA and that then means there are no toilets.

An employer has to provide "adequate" toilet facilities (no fixed number though). These do not sound adequate to me. If your workplace is unsafe they have to provide you with alternative work or send you home on full pay.

I would be suprised if they let the RA say this but you can challenge it. You will need proper advice though so speak to the CAB or a H&S lawyer.

If the site is unfinished have you been provided with Personal Protective Equipment e.g Hard Hat and Hi Vis and Safety Boots? I have started work on 2 sites when they were unfinished and had all of this plus a Safety briefing and there were portaloos.

Squiffy · 17/01/2008 12:46

They MUST do a safety assessment and are in breach of their legal duties if they don't. And from the sound of it a safety assessment might well conclude that you can't work there until they have fixed the stairs, if that is the case then they will have to send you home on full pay.

I think if they refuse to give a date for carrying out an assessment you should take a camera in and film evidence of everything then go home and refuse to return until they give you a date for an assessment. If they do a half-hearted assessment and say everything is OK then god knows what you do next - get legal advice I guess (intitally speak to your union if you belong to one)

But Flowery is the person to answer this one fully for you as it sounds as if they won't do the right thing even if they know that is the law...

tictacto · 17/01/2008 12:54

Thanks for those reponses. I have already taken photos with date stamps. The H&S officer verbally agreed with me but has refused to write on her assesment that it is dangerous.

Oh get this, I work for the council. How's that for irony.

I just can't go back in. I can't risk it.

OP posts:
callmeovercautious · 17/01/2008 12:56

Get legal advice today. If she said that and then did not put it in the report the report is false.

Also you may find a call to the HSE will give them a kick.

hanaflower · 17/01/2008 12:59

This reply has been deleted

Message withdrawn at poster's request.

tictacto · 17/01/2008 13:05

Hana is has been mentioned that I could go into another building and fill envelopes until I leave That is not my job and I am seething that they expect me to do something like that

OP posts:
hanaflower · 17/01/2008 13:08

This reply has been deleted

Message withdrawn at poster's request.

Surroundedbysnot · 17/01/2008 13:14

PMSL at beansprout

had wonderful bath, Beansprout, with chocs, wine, and smelly stuff - bliss, many thanks again. Hope all is going well.

flowerybeanbag · 17/01/2008 13:20

HSE guide for expectant mothers

Tictacto your employer must adjust your working environment if it is not suitable which this clearly isn't. You mention another building - would it be possible to do your job from there?

If your employer can't adjust your job they must find you something else to do (which could be stuffing envelopes), and worse case scenario, suspend you on full pay if there is nothing else that can be done.

Don't go back into work. Write a letter and send it recorded delivery, saying that you believe you are being required to work in an environment which seriously endangers your own health and that of your unborn baby. Document the verbal comments of the H&S officer and enclose your photos. Say you feel unable to return to work unless this situation is resolved and remind them of their responsibility to make adjustments to the working environment of pregnant women or, if no adjustment is possible, to suspend on full pay.

loler · 17/01/2008 13:25

I work for HSE, you can ring and leave an anon complaint. We can visit and not even say that we've had a complaint. There are many different regulations that your employer seems not to be complying with and it doesn't seem like it's just you at risk of injury.

I've found that loads of Council H&S officers are about as useful as chocolate teapots and seem to spend most of their days looking into accidents rather than stopping them happen. A visit by HSE might give them a kick up the bum!

flowerybeanbag · 17/01/2008 13:29

And if they discipline you in anyway for not turning up to work in a dangerous environment that will be discrimination as well.....

Dropdeadfred · 17/01/2008 13:30

why did she refuse to put it in the report?

tictacto · 17/01/2008 13:30

Wow Loler thank you.
In fact thanlk you all. Flowery I am gutted that they can get me to do that for 5 months.

That isn't my job though I deal with the public. God sitting in an office by myself makes me want to resign

OP posts:
eleusis · 17/01/2008 13:32

Why can't they give you a laptop and mobile phone to work from home?

tictacto · 17/01/2008 13:34

Eleusis I am a staff trainer and a tutor.

And as per my title- employers are arses.

OP posts:
flowerybeanbag · 17/01/2008 13:41

Tictacto they can get you to do something else only if it is not possible to adjust the conditions of your own job. If it is possible to do that they should do.

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