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?

The duty to make reasonable adjustments in the law only applies to disabled people, not pregnant women. So get that understood - you can ask and they can say no because whilst pregnant women have rights, its not the same rights.

Please don't use the language of 'reasonable adjustments' because as I said that is legal terminology that only applies to disabled people. No wonder he smiled, he was probably holding back laughter at your incorrect assumptions.

You do need support at work but that wont be the same as for a disabled person as your legal rights are different. Your best chances are to go down the health and safety argument, not 'reasonable adjustments'.

Your probolems are not a permanent issue.

Under Health and Safety you are considered a vulnerable person and extra precautions have to be taken. You have had no proper H&S Risk Assessment (breach H&S), You have requested reasonable adjustment and it could easily be argued they have not provided anything other than 2 x 10 min breaks unpaid, could be argues reasonable but the unpaid bit would say not as it would impact any maternity pay. It is reasonable to ask for a stool - also to bring in yourself. The H&S argument is a dud one in this case given that the adjustment of a stool is reasonable and they have refused saying no budget, if you offer to bring one and they quote H&S ask them if other furnitures in the building have been assessed (I bet not as its not really covered, as long as you can show its built to take your weight and ergonomically works for you you should be good as this is all that is asked for desk chairs within a work station assessment). HR should have budget for this stuff if no allowance locally.

Interestingly H&S does actually say that if the work can be done from seated it should be - and that is for all not just the vulnerable.

When you do a risk assessment you have to look at what the outcome could be if you don't do something to mitigate the risk. In this case could be looking at premature birth, risk to life of child and further risk to life of Mother. Ergo they should sort a bloody stool out for you and allow you to use it at will to be honest and stuff unpaid sitting breaks.

Personally if you want to keep the job longer term (wrong way to look at it but I get the job risk thing) I would pursue the stool thing and get permission even if its bring your own in. I would then speak to colleagues and explain what is going on and that you need less strenuous work for the short term - so no lifting and shifting, stocking only to waist level and just above (no groveling on the floor etc) and regular time on the stool and work it out between you.

With regard to statutory sick and then maternity kicking in it can happen at 4 weeks before due date automatically due to ill health (pregnancy related)unless there is mutual agreement for it not to. By choice it can start up to 11 weeks before maternity leave, but remember if you start Mat leave early then it still finishes in the same time frame ie baby will be younger etc. You may have already expressed the option to only start Mat leave when baby is born but you can change this as obviously circumstances change.

Worth having a look here

Illness and difficult pregnancy - Managing pregnancy and maternity - Acas

• you are doing all the right things they are not. You could ask for an Occ Health review
• You could organise some antenatal appointments so shifts interrupted/finished earlier

Frankly with his attitude he deserves everything you throw at him to "get around" his stubborn discrimination.

The other thing I would say having worked for foreign based corporates myself is that they are often not fully aware of UK law around these matters and work to their own countries rules by default and need "reminding" that the UK is different. So another option is documenting your request for adjustments, mention of H&S and Risk Assessments for pregnancy and poss also maybe request OH review, copy in UK, Abroad and Mgr and go from there. GP letter as to what would be reasonable and that you are still fit for work otherwise may also help but you might have to pay for that.

I would set it out in an email. Just so you have a paper trail. And copy in HR.

Keep it very polite but factual. E.g:

Dear xx

Thank you for taking the time to discuss my concerns regarding my pregnancy and PGP as documented in my maternity notes.

It is no longer possible for me to stand for the duration of my shift.

I am seeking reasonable adjustments to enable me to continue and have requested the following:

• four five minute breaks to be evenly spaced throughout the day. In our meeting you confirmed these would need to be unpaid and to be taken as 10 minutes breaks. I am happy for these to be unpaid but would like the frequency originally requested. It is important to have regular time off my feet so wonder if this could be reconsidered.
• I requested the use of a stool at an appropriate work station. You said this would not be possible due to budgetary issues. I am happy to provide my own. Please could you confirm if this is acceptable?

I am also still awaiting my pregnancy health and safety assessment and would be grateful if this could be done as soon as possible.

I am keen to continue working and I will be able to perform my role to the expected standard with minor adjustments.

Best wishes

It ensures you have evidence and people panic when confronted with their unreasonable behaviour in polite writing.

Basically give them enough rope to hang themselves by providing you written evidence rather than you having a 'he said ' situation

And now everyone is laughing at you for your incorrect assumptions.

The treatment for PGP is rest.

Realistically for your health I would go off sick and accept your mat leave will start automatically.

This isn’t correct. Pregnancy is a protected characteristic and is covered by the Equality Act 2010 - which actually talks about reasonable adjustment in the same terms as for disabled people. The employer has a legal duty to carry out a proper risk assessment and make any reasonable adjustment necessary to allow the pregnant employee to work safely and comfortably. If they cannot provide that reasonable adjustment it must be for clear operational reasons. The employer also cannot go against medical advice. Pregnant women are also entitled to sue for discrimination in the same way as disabled people.

I would AGREE with previous poster don't conflate law regarding disabilities at work and that with regard to H&S. Technically you are afforded the same protection as disabled people under H&S law/ACOP's/Guidance but I was using reasonable adjustment in a none official sense (hence no caps). So the outcome of the Risk Assessment might be a recommendation to use a stool, technically this is a mitigation of the risk, which does have to be reasonable.

why are you commenting when you clearly don’t know what you are talking about? Poor form

If your employer cannot make reasonable adjustments for you to do your job, you are legally entitled to take a suspension ON FULL PAY, this is typically reserved for those roles in which a pregnant woman would be put at harm if they remained in work, such as working with ionising radiation as an example. Remind them of their legal obligations.

I would advise contacting ACAS as well as the HSE, if you can afford to possibly resigning with immediate effect citing constructive dismissal on the grounds of discrimination. Take it to a tribunal and you will receive compensation for loss of earnings plus some extra. But it won't be a quick process.

The way you are being treated is not only disgusting but illegal.

Before going off sick, op, check the Gov website which explains that employers must take reasonable steps to avoid risks including those caused by sitting or standing for long periods. That if an employer can’t ensure your safety or find you alternative work, they must suspend you on full pay.
Then, as others have sensibly suggested, ring ACAS and explain to them what’s happening. They’ll be able to further advise you.
I am so tired of hearing about employers who think they don’t have to even know the law as it applies to pregnant women let alone stick to it. My children were born in the 2000s/2010s; how sickening to hear that pregnancy discrimination is still going strong.

www.gov.uk/working-when-pregnant-your-rights

Pregnancy is covered by the Equality Act 2010 as well as health and safety laws and the EA talks about reasonable adjustment in the same terms as apply to disabled people. Disability and pregnancy are both protected characteristics under the EA and entitled to reasonable adjustment to accommodate in the work place. Any refusal for reasonable adjustment has to be for clearly stated operational reasons.

Equality law should also not be conflated - and yes you could have a discrimination issue here as well (well its clear you do have to be honest). The immediate issue is H&S based.

For me its clear your manager has no clue on this front, but in retail doesn't surprise me

You have so many rights, please look them up, send to your HR representative and say the company has not followed correct procedures by law, that you will raise a grievance if they don’t make reasonable requirements. Your manager sounds horrible and sorry you’re in this.
I returned from maternity a year ago. Before I went off I was being given more and more work (I manage a team) and ended signed off for 2 weeks as blood pressure through the roof due to work (was 115 normally but raised to 165) When I came back they ensured they didn’t overload me but this was instigated by HR. Go to your dr and get signed off but say it is due to work stress (don’t say pregnancy pain on sick note) as then you can’t be made to start maternity early.

Do you have a union?
health and safety department?

Please don’t flame me because this isn’t intended to be ableist - I’m disabled myself, but I suspect this poster is disabled. I was a disability outreach worker for a long time, and came across this mindset a lot. Some people claim reasonable adjustment as only applying to disability because that’s their only experience of it - the last sentence ‘Your problems are not a permanent issue’ gives it away IMO.

@motheronthedancefloor just echoing the terminology used on the NHS website and other maternity websites. You know what I mean so don't be so pedantic! Haven't once compared myself to a disabled person and it's not a race to the bottom 😊

Not conflating anything though. EA calls for risk assessment and reasonable adjustment, and applies to pregnancy as a protected characteristic in the same way as for disabled people. The employer is in clear breach of that as well as health and safety issues. It depends on which course of action will result in the quickest resolution. The EA states that employers can’t act against medical advice so a possible solution is for OP to visit her GP and tell them what’s happening, and what she needs, and have the doctor specify it on the fit note.

Contact pregnant then screwed for advice, they were wonderful when I encountered discrimination while I was on maternity leave and offer free ongoing advice and support from a named solicitor. The fact that they haven’t done your maternity assessment goes against them and the things you’re asking for are a reasonable adjustment but that doesn’t help you right away. I’d also send a follow up email summarising the conversations you’ve had so far so you have evidence of these. I’d definitely ask about taking your own stool in too. Good luck with it.

Thank you so much to everyone who's provided some amazing advice. I'm ever so grateful and after a little blip this morning I'm set on getting this sorted! He's being extremely unfair! Thank you x

I’m also wondering if it’s worth emailing your manager a link to a summary of the responsibilities employers have for pregnant employees.

Just to echo all the other excellent advice and resources @orangesss

An employer must also LEGALLY provide a pregnant woman with somewhere to rest, and lie down if necessary.

Am I entitled to more breaks while I'm pregnant?
Yes. You should agree this with your employer. The length and frequency of your breaks will depend on the hours and nature of the work you do.

www.qualitysolicitors.com/employment-law/working-whilst-pregnant/faq/am-i-entitled-to-more-breaks-while-im-pregnant#

Based on this post, I'm going to guess that the HR is based somewhere in the EU so they are probably breaking EU legislation too.

Gather the information you need and then forward it to HR, Occupational Health & Safety and your manager and advise them that due to their lack of a formal H&S review at the start of this pregnancy, you're unable to continue working until the minimum requirements are met. You'll still show up (so they can't say that you're not available for working) but you won't be able to work - sit on a sofa in store until such time as your basic requirements are met.

That's what I would do.

Following in from very helpful advice before, I strongly encourage you to contact the ACAS helpline as soon as you can, as they may offer to email/write to the UK HR business partner to s-p-e-l-l out your H&S & employment rights.

Tackle the low hanging fruit first.

Retail store with just a few branches in UK?

I'd be fuming aswell. They should provide reasonable adjustments for you and it sounds like they are refusing. I would contact acas as others have said. If you can't go on the sick I suggest taking the breaks and sit downs anyway. What's the worst they can do ! Your boss sounds like a knob!