To refuse to work until reasonable adjustments are made (pregnancy)?

[orangesss]

So I have about 8-9 weeks left in work before I go off on maternity leave. I'm on my feet the whole day, working full time. Risk assessment never officially done, just random chats every 6 weeks or so but nothing actually in writing. I've pushed for this and they keep saying they'll do one but never do.

Anyway, whole pregnancy has been unproblematic ish. Until recently. I have debilitating pelvic pain (been referred to physio but taking a bit longer than expected). I'm wearing a support belt and doing everything I can like exercises etc but I just don't know how the hell i'm going to carry on like I am in work, it's getting worse every day.

I've notified work of this and reminded them I needed reasonable adjustments to be made. I've suggested some short breaks to be factored in to my day, to be based at one particular station and to be provided with a stool that reaches the worktop so I can sit down. They said they'll figure it out not to worry etc.. that was 2 weeks ago. HR is based in another country, there's a UK member but they haven't been helpful.

Today I've gone in at breaking point, and spoke to my manager. He's said the following:

I can't have any breaks unless they're unpaid and it would be limited to 2 x 10 minute breaks per shift.
He can't provide me with a high stool so I can sit down and do my job as there's not a section in his funding for this as the norm is to stand.
He basically said I need to carry on doing what I'm doing as he can't change the job for me. Which is a bullshit cop out. He then smiled and said 'if there's anything else you need- let me know!'

So I told him in that case I'd have to go home, I'm in agony and can't work like that. He said that's fine and reminded me I wouldn't be paid and that he'd see me tomorrow if I was 'better' 🙃 I'm fuming, surely this is immoral and illegal. My job only pays statutory sick pay so it's not even like I can just get signed off.

I'm sitting here thinking how the hell am I going to work tomorrow. What the hell do I do. Was I out of line or was he?

Are you in the UK? How long are your shifts? If in the UK and working a normal 8 hours shift then 2x10 mins is illegal.
You are totally within your rights to ask for reasonable adjustments. This charity help women with problems like this during pregnancy, might be worth reaching out to them - https://maternityaction.org.uk/advice/pregnancy-discrimination/

Sorry I should've clarified! I do get a 30 min unpaid lunch but I was asking if I could have a few more short breaks scattered throughout the day (even 5 minute ones where I can just sit down). He said I can take 10 mins unpaid after my first 2 hours and 10 mins unpaid an hour before I finish. I asked for them to be broken up and he said no as not convenient. Better than nothing I guess but doesn't really help 😩 especially as the main adjustment I needed was a stool/chair...

This sounds very bad. Will you be forced to start maternity leave if you go sick? It appears so from time scale you mentioned if in UK. A stool is not unreasonable. Is the objection purely on cost or just that they don’t want the stool there? TBH I would want to raise a discrimination case against them but that won’t help you short term.

They are flouting every rule in the book re health and safety for pregnant women. Document everything, consider submitting sick line and raise a discrimination case is the right answer, but how will that affect your finances now?

Contact ACAS, Maternity Action, and your union OP. You need proper advice and you need your union rep to come to the next meeting you have about this.

what would they say if you showed up with your own stool? If he refused to allow it I would definitely go employment tribunal route and put sick not in.

For the pelvic pain see www.pelvicpartnership.org.uk you will probably have to go private for an effective treatment. There is a list of recommended practitioners.on the website. Was life-changing for me.

Agree with those telling you to seek out proper legal advice, and make diary notes of what you ask for, when, and any help given following. Your workplace has a duty of care towards you and your unborn child. Try not to let it become confrontational. Why don’t you get Statutory sick pay?

Hoping for your sake this isn’t some terrible sweatshop factory place. Once you have had your baby, take some time to consider a work change maybe, with better employment rights, and a more caring environment. Hope things go well.

Apologies, just realised you do get Statutory sick pay.

Thanks everyone, just to clear stuff up.

I'm UK based, didn't want to be outing but it's retail if that gives any more context... we have a few stations in the store and I've asked to be placed at one I can sit at with a stool which has basically been refused.

I will email today and ask if I bring my own stool in would it make a difference. I assume he'll say no as it's not health and safety assured etc. which will then cement to me that he quite obviously has a problem...

Thanks for the advice everyone. I just don't know what to do. He was fine with me before I got pregnant. I want to sign off but can't possibly live on statutory sick pay until my mat leave is triggered early 😫

Do you have an issue with the breaks being unpaid or is it that they are not at convenient times for you? I think he has a duty to be flexible but not too pay you for time you are not working. Can you not start maternity leave a bit sooner?

Can’t you get signed off on sick pay now due to the pelvic pains and work sayin zero reasonable adjustment can be made without it stating the clock on maternity pay?

I want to sign off but can't possibly live on statutory sick pay

Your company has no sick pay?

@vdbfamily I'm not bothered about them being unpaid, just the fact he's not budging on 2 x 10 minute breaks. If I'm being unpaid for them surely I could have 4 x 5 min breaks. It's purely just to sit down.. I wouldn't even need the breaks if he let me have a stool/chair. I just cannot physically stand up for 7.5 hours. Not in the financial situation to take it too early but thinking will have to. Even then it's only statutory pay so I've saved up my whole pregnancy. 😩

@orangesss ask your GP for a fit note that states “may be fit for work if a stool is provided and rest breaks” Tell your GP exactly what you need.

Email the fit note to your manager, copy in HR and your H &S rep. State as part of your maternity risk assessment you have been requesting this for weeks. State that if you work at x station you can use a stool so easy to solve.

You could also mention it’s maternity discrimination as well as a H &S breach.

@ToBeDetermined nope statutory only unfortunately. 🥲

https://www.hse.gov.uk/mothers/

@Harassedevictee this is brilliant advice, thank you. I will book an appointment for Monday. It seems so unfair they won't listen to me, I do have all my notes from midwife etc that state PGP. I'll try that see if I have any luck!

I don't have formal advice, OP, but you seem very very sensible and you are asking for very minimal adjustments which seem like they will make a big difference.

I hope you get it sorted. Your manager seems awful.

You are being treated horribly and as a pp put it quite possibly illegally. I am so sorry you are having to fight for your rights, you shouldn’t have to. You should be able to focus on the pregnancy and your health without your work being such twats.

Please contact https://pregnantthenscrewed.com/, you're being majorly discriminated against.

You can't book an appointment to see HSE, that's not how it works I'm afraid. You can use that guidance to speak to your employer though.

If it's retail, is it a small business or a chain? Is there a HR dept? Or a manager above your boss?

@ButtSurgery sorry, Book a GP appointment was what I meant in response! To get a fit note that reinforces what I'm saying!

It's a big company but only a few UK based stores as not a uk company originally. Most of the HR etc is based in a different country so everything is over teams and hard to get in touch to arrange meetings etc.. UK member of HR doesn't seem to know what they're doing. It's an odd structure for sure! 😫

Pregnancy is a protected characteristic under the Equality Act 2010. I’d ring ACAS and get some advice as well as the relevant section of the act. He’s breaking the law by just refusing without a reasonable account of how any of your requests would impact the workplace. I don’t think he can dock pay either, but you need to clarify with ACAS. Do you have HR - if so bring it to their attention because a formal risk assessment hasn’t been done - also illegal.

Sorry, edited because I’ve just seen your post re- HR. You need advice from ACAS and you need to contact your GP and tell them what’s going on.

Link to the relevant section of the EA below.

https://www.equalityhumanrights.com/equality/equality-act-2010/your-rights-under-equality-act-2010/pregnancy-and-maternity#:~:text=The%20Equality%20Act%202010%20protects,characteristic%20of%20pregnancy%20and%20maternity.

You have two choices here:

Fight them the whole way. Get support from all the organisations listed, and if necessary fight them right into the court to get compensation, and get the company fined for their appalling discrimination and law-breaking.

Go off sick, and then after your maternity just resign. (Check the rules about having to pay back any maternity money if you never go back there). Because why would you want to work for such a shitty company? Just leave, and move on with your life.

Nobody would blame you for taking option two - you don't have to take on the fight for the good of other women if you just don't have the energy.

They have to conduct a risk assessment for pregnant workers.
They have to make reasonable adjustments that can be supported operationally.

At 31/32 weeks you can reasonably signed off sick until 36 weeks and start your mat from 36 weeks.

I'm sorry you can't cope on SSP. How will you cope on Statutory Maternity Pay.

I think it's a polite note to the UK HR person with the HSE link, formally requesting a risk assessment.. Sadly I suspect this organisation provides minimum statutory benefits to all and there will be no comparator of someone being treated better than you.