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

Make sure you make copies of all the messages / emails they send you. Try to get every thing in writing like this and don’t discuss things on the phone.

If you send them emails, it will encourage them to report by email .

So if they phone you, send them an email saying

“ When we spoke on the phone today, you told me that I had to do x and y and I wasn’t allowed to do z. Does this apply from now or from [ another date ]?. Who should I hand the form in to? “

Or whatever.

Anything that makes them write back and clarify what they said. Ask as many daft questions as you like.

Don’t tell them you are going to ACAS or consulting anyone. Get it all in writing first.

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

Correct.

So can they legally ask for her appointment times and then adjust the rota?

There is nothing specific in the relevant legislation. I'm not sure if there have been any employment tribunal decisions on this point. In the absence of a tribunal decision I would say this is unclear. However, in this case putting the OP on the rota for closes does not appear to be an option for the employer due to the risks to the OP's health.

So Im still on sick leave for another 13 days and my manager has been trying to discuss with those above her, which is becoming tiresome.

We thought we were getting somewhere, however:

1. I still have not had a maternity pack they they told them they were putting together and sending out. So I still have 0 idea on what my company's policies are with maternity.

1. They initially stated that due to being in a very small work place (if two people try to walk behind the till you're rubbing against each other) crutches would pose a major H&S issue not only for me but for others, especially as we currently have a lady their who is pregnant and rhesus negative. They have now turned round and said they do not have to suspend me on full pay and won't be doing so I can either return back to work to do my job as per my contract (carrying heavy trays, closing, waiting, making drinks etc) or get signed of sick by my GP again.

They're now not responding to calls being made by my manager and she is at a loss as to what to do. We seem to not be getting anywhere with them and they seem to be doing nothing in the hopes I just sign off sick.

How stressful for you. ☹️

I highly recommend speaking to Maternity Action. They were really helpful when I had a lot of work related issues surrounding maternity leave and making sure my work were acting legally.

Write down a list of questions and the tell them what's happening. There's no queuing system on the phone line, just keep hitting redial. I seem to remember they're only open mornings.

Do you have all that information from your last post in writing op? If not, then send them an email right now confirming it. If its not in writing, it didn’t happen.

The fact that they are not replying to your manager isn’t your problem. You just need to keep contacting them by email and saying that you want to come back to work. Or whatever maternity action / your advisor has told you.

I've put it all in writing yes,

Most of the replies are coming from the companies solicitor surprisingly and I've CC'd in the company owner

I’m surprised they have their own solicitor when they don’t have any HR staff or maternity policy. Where is their solicitor based if they don’t have a head office ?

That’s great you have it all in writing. Please let us know what maternity action say .

Im not sure where he is based, however I assume in his firms office.

I will do

Ah I thought you meant in house. My mistake.

I'm really curious what company this is although I know you can't tell us!!

T

Jasmine von Loggerenberg discrimination lawyer . . .