Legally, Can they do this?

[PregnancyAdvicePlease]

So I'm currently 14 weeks pregnant. I suffer with SPD (last pregnancy I ended up crutches, nearly in a wheelchair) and HG both of which the manager has been well aware of.

I told my manager 10 days ago my hips were hurting and SPD was unfortunately starting, to which they said it was fine. However I notice a few of my shifts were closes (think mopping, sweeping, hoovering, dragging in heavy furniture etc, all things they tell you not to do), and would cause excruciating pain and could make things worse, they basically said tough shit and I either do them or quit.

I did it, left in excruciating pain and the next day was asked how I was and told them truth. In an incredible amount of pain, but new I still had to come in. I leave work and have a message from my boss saying;

"I've removed you from the rota, you either need to get a sick note or hand your notice in".

On further correspondence I was told I told X I didn't want to work anymore, this never happened and in fact X told me the manager had arranged someone else to cover for me and not to worry. The manager then told me that the two people I were working with yesterday stated I did "fuck all and they closed by themselves whilst you sat around" Which is completely false and the CCTV will show this, those two have denied saying this.

There has been no risk assessment apparently they don't have to legally do one till 22 weeks, there is apparently no HR, head office and no maternity policy. All my antenatal appointments I've been told are unpaid if in work or should be taken in my own time.

Is this right

no this isn't right.

legally they are supposed to make reasonable adjustments to enable you to continue working.

the amount of maternity pay you get will depend on what you earn over the next few weeks - if your employers are a bit thick they may think they can save a bit of money by having you of sick but that would be a misunderstanding - the maternity pay is refunded by the government plus a bit extra for the inconvenience so they don't lose out.

do you have a union?

maternityaction.org.uk/advice/health-and-safety-during-pregnancy-and-on-return-to-work/

I do not have a union as far as im aware.

Apparently they don't have to make adjustments until I have a written request from a dr. They are aware im a high risk pregnancy due to many facts but said that's irrelevant until I have a letter stating so.

I've asked for their maternity policy because the manager was saying If I don't come back to work after the baby I have to repay the government and the company back, but nowhere can I see it state that in my signed contract and they can't provide me with any proof stating that.

Apparently our sick pay is statutory pay? My contract states I work 4 hours a week but I've been doing an average of 16 Hours a week for the past 4.5 months.

Hi, is it statutory maternity pay? And not their own, if so you do not have to pay it back if you leave and are not obliged to tell them your intentions about coming back after maternity leave.

I would talk to the citizens advice and get help as you are protected during pregnancy and there should be policies in place.

Don't let them cause you stress and try not to worry, I wonder wether you can ask the doctor to sign you off for a couple of days to take you away from the stress while you seek advice
and find out what rights you have.

They don't sound very supportive and could end up in a heap of trouble if you hurt yourself trying to do too much.

Sorry I don't know much in this situation but I'm pretty sure they must do a risk assessment legally.

Hope you get some helpful advice and look after yourself

@creaturcomforts I don't know. Nothing in my contract mentions maternity and apparently they don't have any maternity policy! I've not been given/shown anything related to how my company deals with maternity apparently they don't do anything of the sort.

They've said they only legally have to do a risk assessment after 22 weeks and don't do one before.

you do not have to pay back the statutory maternity pay under any circumstances.

if your employer offers extra over that they can conditions on it obviously but you are not obliged to spend the extra.

minimum that is unequivocally yours is 90% of normal pay for 6 weeks then 33 weeks at the SMP rate. this will come to you via your company's normal payroll but they get it refunded by the government and they cannot make you repay it or make any deductions from it

one problem is that the "normal pay" that you are entitled to is based on what you earn over the next few weeks.

Nope thats not legal you need to get proper advice asap. What a shitty company.

That is very poor, definitely get onto citizens advice as I'm sure they can give you helpful advice.

You'd think they would have something in place regarding pregnant workers, it has been many years since I took maternity leave, they did carry out a risk assessment as I had to ask my employer.

Definitely was entitled to paid leave for appointments if agreed in advance.

Sound as though they are making things harder for you than it should be, definitely refuse to anything that will put you at risk, as it yours and your babies health.

As soon as you can get a gp or midwife letter to them, get them to do a risk assessment, if you are not entitled to private sick pay, see if your gp is understanding and sign off on statutory sick pay to give you time to seek advice, I would cite stress that they caused!

They are definitely not considerate to you and asking other employees to agree that a pregnant employee is not pulling her weight is bullying!

If they had a concern and had handled it correctly they would have asked you how you were coping and if there's anything they can do instead of trying to get you off sick.

Although in this situation I'd want to be away from it for a while, giving you time to find out where you stand.

Did you have to give your employer the matb1 form, which you need to claim statutory maternity pay?

If so, this does not need to be paid back to your employer, wether you come back or not.

@creaturcomforts Im going to hopefully book an appointment tomorrow to see the DR.

Yes I have to give a Mat B1 form this is the form that apparently starts the risk assessment nothing before

Nope! Phone ACAS in the morning.

Yup, get a letter stating your medical condition and shove it on his desk! Gp can charge for a letter but will often do it for free.

Should hopefully give you at least some support and they adjust your working so you are not so much at risk. Hope it gets sorted out for you.

Smells to me like a string case of discrimination and a lawsuit heading their way!

If you’ve been discussing this with them verbally, do make sure you get them to put in writing that they refuse adjustments, paid time for antenatal appointments and wish you to pay back SMP if you don’t return to your job after mat leave.

Please join a union. Many thousands of women are penalized for being pregnant by employers just like yours and a union can protect you. You can join online. Good luck OP

Your employer is in the wrong.

They are legally obliged to carry out right skmassessments whenever an employee alerts th m toma possbie hazard. They must act straight away (eg chemicals can be hazardous at any point in a pregnancy, and workers must be moved away from teratogenic ones as soon as pregnancy is known or suspected).

So yes, your employers must risk assess. It is reasonable for them to ask for a 'fit note' from your doctor so they know what is OK/not OK

Please join a trade union so you don't need to suffer nonsense like this and have proper legal representation at work.

www.tuc.org.uk/join-union

@creaturcomforts Manager is actually a her! I am seeing my GP soon though so will you know what he said/does.

@Morred I have a message saying "we don't pay you to attend antenatal appointments and you should make these in your own time, check your contract" which I did but my contract mentions nothing about maternity only sick and holiday leave. I was told they don't have to pay for my time off just have to let me go to my appointment.

I'll look into joining a union

This is an open and shut case of discrimination.

Whatever their contract says, theymust pay you to attend antenatal appointments. That is the law. Employment Rights Act 1996 sections 55 & 56. Their contract does no trump the law.

There is no legal requirement to conduct a specific risk assessment for expectant mothers. However, failure to do so can be held against them if, as a result, your health or your baby's health suffers. If they cannot remove the risks, e.g. by adjusting rotas or offering alternative work, they can suspend you on full pay. They cannot require you to take sick leave. The HSE would be very interested in their current stance.

They cannot require you to repay SMP under any circumstances.

They seem completely clueless.

I've removed you from the rota, you either need to get a sick note or hand your notice in

Get advice from a lawyer who specialises in employment law. I suspect that message on its own is all you need to win a case for pregnancy discrimination.

All the information your employer needs is freely available online - see www.gov.uk/working-when-pregnant-your-rights for starters. There is absolutely no excuse for this behaviour.

I have been signed off sick.

My employer has said "you signed a handbook where it states you will not be paid to attend antenatal appointments and these should be made in your own time" (I have been taken off work that day/had shifts moved to attend appointments)

They're 100% adamant there is no maternity policy, maternity pay should be paid back and there's not HR or Head Office.

She believes she's been more than fair and done nothing wrong.

I'll be contacting ACAS

Do you have a copy of the handbook documents you signed?

No I don't. I have only been given my contract which is the bare minimum.

You cannot sign away your rights. It doesn't matter what it says in the handbook. Even if you signed a handbook containing this statement they must give you paid time off for attending antenatal appointments. That is the law.

Equally, they cannot make you pay back SMP if you don't return to work.

If you've been signed off sick by your GP due to your employer failing to conduct a proper risk assessment and make reasonable adjustments they will be in trouble with HSE. You should report them.

They really have not got a clue. Their actions are clear discrimination. As soon as they consult a lawyer they will find out that they haven't got a leg to stand on.

Can I ask about the paid time off point please. If OPs contract is for 4 hours a week, then unless the appointment falls within her rota time she won’t be paid will she. So can they legally ask for her appointment times and then adjust the rota? This may also explain why she is being rotaed for closes as I guess it gets round the problem as I don’t suppose there are ante natal appointments that late.

MrsWobble3 My contract states 4 hours however my manager has told me multiple times they don't have 4 hours shifts. As such my usual shift is a 9-5, 8-4, 11-6:30pm (more often than not 7-7:30pm)

I was due to work a 9-5 shift when I had a 12am midwife appointment, subsequently that shift got taken off me and I was put on another shift.