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?

I also have PGP, have had it since week 15 and by 28 weeks I couldn't stand or walk for more than a couple of minutes, it is absolutely crippling. Other women here are giving you great advice already re work adjustments, I just wanted to express my sympathy because people around me just didn't have any understanding for me at all and I became extremely depressed. You're in a very difficult spot.

Please take care of yourself though because if you try to push through the pain, PGP will stay with you after pregnancy and you'll need to change work then anyway. It's an absolute nightmare.

Call ACAS. Tell them everything you said in the post. Hopefully they can help. They open tomorrow at 8 https://www.acas.org.uk/contact
Your manager is a dickhead. I’m assuming youngish and doesn’t have children.

In my work, if you have been employed for 2 years and thus are entitled to employment rights, we would have to make reasonable adjustments by law. If we didn't, you could take us to tribunal and probably win. A working station, chair and rest breaks are definitely reasoble.

I would put your request in writing (email) and if boss declines you have evidence. I would seek advice from a union (join one) or citezens advice. Good luck

Those saying just go on maternity leave or go at 36 weeks...why should she? The employer has legal obligation.

Just be careful, I’m fairly sure that if you go off sick within a certain time frame of your due date, they can force you onto mat leave early x

HR aren’t overly helpful with this sort of thing, whereas health and safety managers tend to be pretty hot on staying the right side of health and safety legislation.

the link you’ve been given earlier is pretty clear, their required to suspend you on full pay if they can’t make the workplace safe for you.

There should be some posters up somewhere about the Health and Safety at work Act with contact details for the responsible person on. Contact them and ask them specifically to find a way to make it safe for you to work while pregnant, given that your pregnancy related conditions are making things unsafe and that you haven’t had a revised risk assessment since the conditions changed.

If they can’t, ask them to arrange for you to be suspended on full pay as per the HSE guidances.

As a UK employer who has had several pregnant ladies in my time I can tell you that they should be carrying out regular risk assessments and making any reasonable adjustments necessary. You need to speak to ACAS and take legal advice. You will have a case.

Keep notes and get ready to sue

Your employer is breaking the law if you have a contract of employment. They have a statutory obligation to make reasonable adjustments to working conditions for pregnant employees once they are formally informed about the pregnancy If the job poses a risk to the employee or the baby. This includes conducting a risk assessment. As you have been diagnosed with pelvic girdle pain/complications which as an aside is an extremely painful and debilitating condition in pregnancy they must take this seriously and provide a safe and suitable working environment for you by making reasonable adjustments. It makes my blood boil in this day and age to hear of a woman being discriminated against in this way. You have rights under the equality act this is not a nice to have it's the law. Most employers are excellent but the ones who are not should be called out. Something most women don't feel able to do when pregnant especially in later pregnancy. I am so sorry to hear this. They also have a statutory obligation and follow medical recommendations from a doctor or midwife and cannot reduce pay or conditions as a result. They have the right to have this Information in writing from your doctor or midwife. I strongly urge you not to accept this behaviour and seek help from a trades union who will assist you whether you are a member or not or tell you how to get support. If it's easier acas have a confidential helpline and they will help you. The number is +443001231100. Please call them and tell them what is happening. Also if there is no TU rep go to the health and safety representative and tell them what you need and what's happening and ask them to record it. If that doesn't work contact The Health and safety Executive and they will help you. Also tell your doctor about this and a strong letter from your doctor will I am sure change your employers mind. You have lots of options and now they are not taking you seriously you need to move from informal conversations and exert your rights my love. This is not right. Bottom line is they are breaking the law. This is not a nice to do and you are not being a nuisance this is the law in this country. Make sure you record any conversations in writing if possible or make notes immediately after any conversation with them and date and time them and record who was present. This is evidence should you choose to go tribunal later and you have about 18 months post birth to do this from memory so make sure you keep these notes. If you put a written letter to them asking them to make reasonable adjustments and why you need reasonable adjustments it would be helpful as further evidence . Any employer should be happy to respond in writing on any such point. Pls don't let it go on any longer. Ask for a formal meeting to discuss this and take someone into the meeting with you preferably a TU rep the health and safety rep or if not a colleague and ask them to take notes in the meeting. If you go on the Gov.com website for maternity rights for pregnant women it is all explained and you can point this out to your employer. This is discrimination and it is wrong. Acas can assist you too as said and the helpline is +443001231100. I know I have already mentioned it but I really hope you take action and get the support you need and deserve. Good luck x

Can I add it's not you who need to make reasonable adjustments by taking stools and offering to take unpaid breaks. They are the employer and it's their statutory duty so I personally would not advise you to go down this road. Please call acas tomorrow if nothing else and get their help ... this is appalling

Wow! I also think it’s in bad taste that your (very short) breaks are unpaid. It just seems so mean spirited and petty. What a shit place to work. 😳

“yeah we’re not gonna give you the breaks you need, but you can have a small fraction of them, and we’ll decide when you take them……oh yeah and they won’t be paid”

I had a similar issue and I ended up going off sick. Pregnancy is a protected illness so they can’t sack you or anything for being off due to pregnancy related illness. I had severe pgp and nothing helped apart from giving birth.
i can’t tell you the relief!

seek legal advice and go to the union if you have one and acas too.
be careful with the time off though as i know at my workplace if you are off sick with anything pregnancy related in the last few weeks before a certain point of your pregnancy then you can be forced to take early maternity leave. I was forced to but once I was off work some of my complications stopped. I hope you get sorted out and good luck with the birth and the new baby!

Not if she’s gone off sick because they haven’t done a risk assessment or provide the necessary reasonable adjustment to allow her to work safely they can’t.

If an employee is pregnant, disabled or has other protected characteristics as defined by the Equality Act 2010, the length of time they have worked for the employer is irrelevant - these rights are protected from day one.

Zero hours contractors are covered by the Equality Act 2010. OP’s pregnancy is a protected characteristic. The employer is breaking the law by not doing a risk assessment and providing reasonable adjustment.

Take lots of extra long toilet breaks until you get a better option so you can sit down?

Wearable beanbag? Only jk, but thought it might make you laugh

Wow, I couldn’t even walk around the supermarket with this is was that painful and if I forgot something at the other side, I wasn’t going back for it. I honestly don’t know how you’re managing.

I’d fight for your rights as people have said.

It’s not fair to be forced into starting your leave early when it will then finish early. They have to make adjustments, I’m not sure if you’re fit to work but they can’t have a safe environment for you they’re meant to finish you early on full pay. Definitely check it all out.

If you have a read up on PGP there are a couple of things you can do to make sure you evenly distribute your weight to help minimise pain but to be honest, it’s only for getting out of bed or in and out of a car etc, the only thing that helps is having the baby.

OP. Some great advice here. I would certainly use the contacts provided. I beg you to start a written trail of all this if you haven’t already: ASAP.
write to your crappy manager too and say : as advised I am formally writing to request X, y & z. I have previously made a verbal request for this and your reasons for not providing the adjustments are a,b & c.
i am requesting a written reply within 7 days to confirm this for my records should I need it if complications arise from PGP.
copy in uk HR, Main HR and your GP. Plus any other bloody contact that might make this loathsome idiot realise he is putting his job at risk. Then watch the stool appear pronto! X
i would throw in the word discrimination and illegal or by UK law in there. Nothing will make HR sit up faster x

They might be on paper but I'm really not sure what this actually looks like in real life.

Any employer who doesn't want to deal with a situation like this will just stop giving this person shifts.
The employee would have no way of proving that this is why the employer had done it. They could just say 'WE didn't have any hours for them'.

You don’t happen to be the woman that came racing down the aisle in her mobility scooter who told me to get out of her fucking way when a. I was there first and b. I was trying to get a bottle from the top shelf of someone that couldn’t reach. You sound just like her. The Equalities Act covers pregnancy so you are wrong. Just because someone doesn’t have a permanent disability doesn’t mean they are not protected by law. So get that right!!! Oh and we are all laughing at you by the way.

Are you a union member? Is there anyone above your immediate boss? This situation sounds ridiculous to me and so unfair. Sorry to hear you're having no joy. Maybe confront your boss again and record the conversation, then if he promises stuff and doesn't deliver you can prove what's been said. I hope you enjoy the rest of your pregnancy and am so sorry you've got this stress.

This is exactly what you need to do. Ask for a reply in writing or if they try to talk to you in person document what was said and send it to them. You need a paper trail if you intend to bring any sort of claim against them in future, but even if you don’t intend to do this having things in writing can often make them take you more seriously. A fit note would also help support your request but I wouldn’t delay if you have any issues getting one.

If they refuse any further help then raise a formal grievance with HR (Google/ACAS how to do this). Again this is required for a future claim.

If they still refuse your requests you may have no option but to go off sick and take maternity leave early as your health must come first. You can then decide whether to pursue a claim against the company and whether you want to return to working there.

If you are suffering from pregnancy related pain/ complications, get yourself signed off until your mat leave would be triggered (start of fourth week before due date) with pregnancy related sickness. They are not allowed to record this as usual sickness/ cannot count towards any disciplinary rules around sickness. They have to pay you at least statutory sick pay (or more , if your contract is more) for this time.

Please also note, while on mat leave you accrue annual leave as if you were still working. This includes any bank holidays you would usually take and have not because you are on mat leave. Make sure you get this time off/ paid in lieu of you decide to give notice whilst on mat leave.

Regarding the suspending on full pay where the situation is risky, the school I was working at in spring 2020 did this for two teachers in late stage of pregnancy as the situation re Covid was uncertain and they weren't sure of their risks in the situation.

Good luck OP.

Oh dear - naughty employer. Very definitely maternity discrimination. They do need to make adjustments. Be aware though that I believe you can be forced to start maternity leave early if you get signed off sick