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?

Email him confirming your conversation exactly as you’ve put above. Put at start i am emailing to confirm my understanding of our conversation, then at end out if I have misunderstood anything please let me know without delay,

otherwise further down the line he’ll deny what he’s said and said you misunderstood, people also don’t like things in black and white as they can’t gaslight and say you misunderstood. It sometimes forces them to say you must of misunderstood as they didn’t mean that at all

Keep notes of everything - this is discrimination and if there are problems further down the line then you have evidence!

Are you on a zero hours contract OP? I ask because if you were salaried you'd probably be due more than SSP for starters.

Also, if you are on a zero hours contract, then I suspect your manager just doesn't 'want the faff' of granting your reasonable adjustments when he could just, in theory, get someone else in and not give you (m)any shifts.

Thankfully, you couldn't be more wrong. Pregnant women are very much protected under the Equality Act and have very specific laws & policies relating to working during pregnancy that absolutely fall under reasonable adjustments.

This is awful.

I had some problems with bleeding in pregnancy and my work were absolutely fantastic. Immediate written risk assessment as soon as I informed them, asking what I needed to be able to keep working. Rearranged my workspace so I didn't have to do any lifting. Assigned colleagues to help with the hardest/most physical tasks.

That's what it should look like!

You need to stick your neck out here. Make trouble. Demand things that are your right within the law. Turn up with your own stool and sit on it!!!! Get GP/midwife backup. Demand things in writing/by email so you have a paper trail. Get legal advice if necessary.

This is what I might be inclined to do. See if anyone I know has a wheelchair and if so, ask to borrow it. Turn up at work in said wheelchair and say you are reporting for work. Tell them doctor has advise you need to be seated most of the time. Ask them where they are going to put you at work. Granted, this is probably not the best course of action, but it would be amusing to see what the manager says/does.

This sounds completely awful, I hope the advice given so far is helpful.

Just wanted to add that the London School of Osteopathy offers cheap appointments with supervised students and massively improved this issue for me when I was pregnant. Other osteopathy schools may do the same.

I agree- I also like to add in this...

Just to summarise the key points from our discussion today:

• Regarding breaks you have said...
• Regarding the stool you have said...

It can help to create a paper trail of a verbal discussion, I always keep it honest and unemotional, and the manager can always respond also.

Hey @orangesss

Sorry you are going through this. Which country is your retailer based in? Just wondering if it's American where they have woeful practices re pregnancy/ maternity.

Retail in the UK is usually pretty good at adapting for pregnancy. I have worked at many grocery retailers where they all have comprehensive pregnancy adjustment policies particularly for store and depot staff.

Absolutely get down in writing what your manager has said and your understanding of it. Get in touch with your HR person start quoting the equality act. Go to 'pregnant then screwed' website which has great information

@motheronthedancefloor

😮😮😮😮😮

Why did you take the time to provide such wrong advice??

And with such force, too "get that understood".

Jeez.

My friend had crutches when she had severe pelvic pain in pregnancy, can you get hold of some to. a) help you while working and b) show how serious it is. You shouldn’t have to though, what you are asking sounds very much like reasonable adjustments, is there anyone who would be happy to accompany you to another chat with your manager to support you? It’s just human nature that there is strength in numbers.

Wowwww. Usually I get frustrated by pregnant women being quite entitled in the workplace and thought this would be another one of those threads, but I apolpgise for expecting that, as this is SO out of order! What terrible employers. Absolutely get everything in writing and give ACAS a call. Go and see your GP too - you need all this recording officially.

Contact your Occupational Health Dept for further support if they have one.

My dh works 40 hours a week and only gets ssp when he’s off. It’s only really office jobs, professional jobs and public sector who get more.

I'd start maternity leave in this situation.

this ^

@orangesss how long do you have to go before baby is born?? can you go on maty leave earlier?

Well you seem like a lovely person. If you're a manager I feel very sorry for your employees
OP this vile poster is wrong and you are right, so keep pushing

www.google.com/search?q=reasonable+adjustments+pregnancy&ie=UTF-8&oe=UTF-8&hl=en-gb&client=safari

How can he want to lose a staff member in the name of not supplying a twenty quid chair?!
Surely head office and HR would have something to say about that? You cannot stand up for that long. There is a simple solution.
It sounds absolutely discriminatory and ridiculous.
Could you supply your own and invoice head office? You should not have to though. No way.

OP - don’t ask, tell them!! Just go through the HSE website, politely inform them of your rights under English law (assuming you’re in England - Scotland or NI will be different). If you want to provide your own stool (if you already have one) then just tell them you’re doing that. If you don’t have one, tell them you look forward to hearing how they intend to comply with their legal obligations and you’re available for a call on Monday. Do NOT let them get away with pregnancy discrimination!!!!

From reading a couple pages of that HSE link, I personally would say something like the below (if I had a GP letter as described), but I’d maybe run it past ACAS or somewhere helpful first to see what they think:

Dear HR

I enclose a link to the website for the Health and Safety Executive with reference to workplace requirements pursuant to English law for pregnant and new mothers: www.hse.gov.uk/mothers/employer/index.htm

I informed the company of my pregnancy on [DATE]. I understand it is a legal requirement to complete a risk assessment relating to my pregnancy, and record and share its findings with me. This must be reviewed and updated as necessary. I have yet to receive this risk assessment. Please provide this risk assessment as soon as possible.

A recent and material consideration to include in this risk assessment is my symptom of severe and debilitating pelvic girdle pain. I have been referred to physiotherapy for this symptom and await my appointment.

The HSE advises that employers must take account of any medical recommendations provided by a pregnant employee’s doctor or midwife. I therefore enclose a letter from my GP stating that due to this symptom I require reasonable adjustments including a stool at an appropriate height for the duration of my shift.

If you are unable to provide a stool, please confirm how you propose to comply with your obligations under health and safety law with reference to my pregnancy. If useful, may I draw your attention to paragraph 2 of the link enclosed above which summarises next steps.

I look forward to hearing from you soon.

Best regards

i JUST gave up work once pregnant. Restarted after 8 years

Life is too short to be doing this to yourself and no amount of money is worth it

Could be Japan or the USA. Neither are known for their empathetic treatment of pregnant workers.

@orangesss https://www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/check-health-and-safety-risks

I would ensure all comms are via email/ written forms and nothing verbal, considering your treatment so far.

if you have a verbal meeting, I'd take my own notes and email them through to the participants to keep a record - that they have a chance to correct if there has been a 'misunderstading'

Yes, good advice