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 employer can’t act against medical advice so I think the easiest way to navigate this is to ask the GP to tailor the fit note to what OP needs. Something like ‘Unfit to work unless moving around is limited, x amount of breaks are provided, and suitable seating provided while working’ or something similar. If they then forced OP onto maternity leave rather than make the fairly simple adjustments she needs, they would have to justify why they weren’t possible from an operational point of view, and also why a formal risk assessment wasn’t carried out - especially important since OP’s pregnancy became problematic.

Interestingly she’s got it wrong about disability too. At the end of her post she states that the OP’s problems are not ‘a permanent issue’. To be considered disabled under the Equality Act you don’t have to have a permanent disability, it just needs to be substantial (meaning substantially affecting day to day activities) and long term - expected to last 12 months or more.

@motheronthedancefloor

Please don't use the language of 'reasonable adjustments' because as I said that is legal terminology that only applies to disabled people.

Your whole post was needlessly unkind and snarky (including saying to a pregnant that no wonder someone laughed at them) but also incorrect.

The NHS site states:

Pressed post by accident.

The NHS site uses the phrase ‘reasonable adjustments’ so it’s ridiculous to berate and mock OP for using the same phrase in a perfectly reasonable context.

Here is the specific section from the NHS site:

“Your rights at work while you're pregnant
If you're working while you're pregnant, you need to know your rights to antenatal care, maternity leave and benefits.
If you have any worries about your health while at work, talk to your doctor, midwife or occupational health nurse. You can also talk to your employer, union representative, or someone in the personnel department (HR) where you work.
Once you tell your employer that you're pregnant, they should do a risk assessment with you to see if your job poses any risks to you or your baby. If there are any risks, they have to make reasonable adjustments to remove them. This can include changing your working hours.”

She’s been pulled several times on this. Unkind, selfish and entitled - and totally factually incorrect. Right down to that last sentence. To qualify as disabled under the Equality Act, which is what this poster is referring to, you don’t need to have a permanent disability - it just has to be expected to last 12 months or more.

Equality Act 2010 covers protected characteristics and reasonable adjustment using the same terminology as for disabled people, so I’ve no idea why this poster spoke in such berating and entitled terms to the OP. MN is very strange sometimes.

Try reflexology, I had it when I was pregnant with #2 mainly for relaxation purposes but was soooo shocked when it got rid of my reflux and helped with pains.

No advice on the work situation, sorry wouldn’t want to give wrong info but wanted to share that reflexology really did help me

While pregnant, I worked in a job that was mainly standing and was struggling with pelvic pain. I asked my boss if I could have 2x 15 mins breaks on top of my 30 mins lunch. I was told yes but unpaid. Then I found out my maternity pay would be based on my new reduced pay. So I turned it down for that reason.

If I were you, I would go to your GP and get it signed off sick for the remainder of your work. Your employer is being hugely unreasonable, can you imagine if something awful happened in your pregnancy because of this! Go to ACAS and get some sound advice, but in the meantime, I would be getting myself signed off.

OP, apologies if someone has already linked to the ACAS, but your manager could not be more wrong. Guidance here.

https://www.acas.org.uk/managing-your-employees-maternity-leave-and-pay/discrimination-because-of-pregnancy-and-maternity

If they can't provide safe alternative work, or make adjustments to make it safe, then they must suspend on full pay.

Getting signed off risks starting maternity leave early, I think, though unsure so happy to be corrected by someone who knows better to the contrary.

I'd get a fit note from my doctor stating that you require x, y, z adjustments.
If you go off sick don't say it's maternity related or it might trigger your mat leave (not sure how many weeks you are).
You could put an officual freuvance in instead and if nothung is done resign and claim constructive dismissal.

Apologies if someone else has said this, but under the Equalities Act any discrimination on the grounds of pregnancy is what’s called “automatically unfair”, this means the employer is guilty of discrimination unless they can prove their innocence (the other way around to most laws!). Payouts at tribunal are huge, the record for sex discrimination (only women can be pregnant!) is about £10 million. You might want to smile sweetly at your manager and say you are considering suing their a*! Good luck, remember you are enormously protected in law.