My boss is punishing me

[newbabynewname]

Ok bit of a long story will keep it short as possible .

I work in a job where I am around violent adults on a daily basis . Some are violent on a daily basis some every so often some have a history of violence but haven't been so in a long time . I had a bad incident a few months ago where I ended up off sick for a month with stress . I have been back a few weeks and have told my boss I am pregnant . I told her on Friday and she refused to do a risk assessment until she had proof from my dr . Yesterday I mentioned she would have it this morning and she said it doesn't matter anyway because I will still be working with everyone anyway. So then I got agitated and upset and she said there's no need for that if that's the way your feeling I'll just send you to the other department (which I have never worked in before it's in a different town completely) so now I feel like she is basically saying if I don't carry on as normal I will be moved which she knows I don't want . I am worried sick and didn't sleep a wink last night . I don't really know what my rights are ? Whether I should get a fit to work nite from my go saying I should only work within my own department with people who aren't violent . I don't know what to do I'm dreading getting this risk assessment done !

That should be "fit to work note from my gp too much ranting !

I don't know much about employment rules in pregnancy but wanted you to have a bit of support whilst you are waiting for someone more knowledgeable to turn up.

I am certain that you shouldn't be forced to work with violent adults whilst pregnant. Are there other duties you could do (and would be comfortable with) within your department?

If you aren't happy with your bosses risk assessment when it comes, is there someone above her that you can go to?

OK. Let's break it down.

1. You told her you were PG on Friday and asked her to conduct a risk assessment immediately?
2. Are you at immediate risk, in your opinion?
3. Assuming you were immediately risk assessed and found to be at risk, you do realise that it would be quite reasonable for her to move you to another dept in another town (so long as other town is reasonably commutable)?

You have no right to insist that they deal with a risk in one way and not another, if there are a number of options on the table. If you were excluded from violent clients at your current workplace, then surely all the other people will then have to deal with more violent clients than normal, which might seem to be unfair to them. Moving you away from the situation and replacing you with someone else completely sounds quite reasonable, and I don't think you can complain about this.

You should try to repost this in the 'employment' section for more responses.

Yeah my bosses boss always takes her side afaik a few people have had no joy with her .

There really aren't any other duties I could do I have to work hands on with the clients . But there is no reason for her not to put me with non-violent ones other than the fact she doesn't want to .

If you cannot do your normal duties during pregnancy because of the risks, then you need to be moved to other duties (I think a useful comparison here would be female police officers or military personnel who are put on lighter (usually desk) duties for the duration). What appears to be on offer seems reasonable, unless the second location is an excessively difficult journey away or the role an insulting downgrade.

The important thing is that you get away from the actual risk from the risk of violence, and it is a good thing that there is an alternative.

I think this is a difficult situation because you obviously have a lot of stress related to your job and with you boss. You're scared both of being assualted during pregnancy and of being transferred to a role that you are not familiar with. In addition your recent stress and your pregnancy hormones are magnifying your emotions.

When people outside the situation see what you have written though, it's difficult to see what else your boss could do because:

You believe that you are at risk in your current situation and want an immediate assessment.

She suggested that you would be able to carry on your current duties and you became very distressed. (This does seem unreasonable of her, especially if she said it unsensitively).

She suggested an alternative and you are unhappy with that too.

I understand that if you don't have a good relationship with your boss - especially if her attitude is poor - then this seems personal. But it would be a tricky situation even with a good boss as your job seems incompatible with pregnancy so you would need to change to a less risky role anyway.

Have you explicitly said that you are happy to deal with the less violent people? Is it possible that she isn't disguishing between the violent/less violent people because they could all be a risk to you? Just because someone isn't violent all the time doesn't mean you are 100% safe.

If you were to work in this other department then you might be more safe and have less stress related to your working relationship with your boss. I know the travel could be a hassle and getting used to new collegues and work might be difficult, but it might be the best thing whilst you are pregnant. You might find you like it and want a permanent transfer when you return to work!

I'm sorry, because it doesn't seem like there is an outcome that is 100% brilliant for you at the moment. The important thing is that you and your baby are safe and exposed to as little stress as possible.

Make time to do things you enjoy and that you feel relaxed about so that you and your baby are getting a break from this work related stress. Hopefully someone else will reply with more details on how you can deal with the whole risk assessment/unfriendly boss situation.

Yeah but the other department is the same there is violent clients there too . Albeit slightly less but not enough for it to be worth the stress of the moving . And why all of a sudden have I to work with everyone , when the four people who have got pg in the last two years have only worked with non-violent clients ?

Thanks for the reply everyone I know I am coming across a bit aggressive I am just so worried I do appreciate all of your opinions .

I don't feel like she offered me an alternative she basically threatened me with it . And I feel singled out as I said there have been women pregnant before with no issues . We even had two pregnant sessional workers that when they picked up shifts we had to swap out with them so they weren't put at risk .

It does seem odd that previous pregnancies have been dealt with differently. Can you talk to these people and ask to see their risk assessments?

Chin up, OP - it''s horrible to have a boss that doesn't seem to be on your side. Make sure you look after yourself...and your little one. :)

If she can not offer you an option that is risk free than I believe you could be entitled to paid leave. I am sure that she wont want to go down that route. I would research your rights thoroughly and present her with all the options. You need to be risk assessed and I am pretty sure she can't refuse to do a risk assessment. Even if they move you to another department you need to be risk assessed there too.

I am not 100% sure on all aspects of this so as I say, do your homework. Knowledge is power so find out exactly what you are and aren't expected to do as a pregnant woman in the eyes of the law.

The direct gov website has information on working when pregnant, and links to the health and safety executive website. Basically it is illegal for them to treat you less favourably because you are pregnant and if they can't safely accomodate a pregnant worker they will have to put you on paid leave, I'm sure if they know that they will manage to find a suitable alternative (not sure being moved somewhere else would count if it will cause more problems). Hope that helps

I work with violent adults and from the minute I was told I was removed from violent or physically heavy eg those in wheelchairs or needing rolling on a bed etc. In my line of work which sounds similar they move you to clients who don't pose a risk or to a less risky service. I think moving you is probably a reasonable adjustment if less than 15 miles away from your original place of work but if you where unable to work anywhere and they can not find you any duties then I would expect you to be paid leave. That's what happens here

I just don't understand her reasoning . She is saying to me I have either to work with everyone in my place of work or go to the other department . I don't understand why I can't have the same risk assessment as the other girls and work with certain clients !! I'm in with a relatively violent one today (little and often I would say) but I wanted to be risk assessed not to work with this one, and Shes said I agreed to work with her today so I can't then ask to be risk assessed not to . And now she's said I'm not getting my risk assessment done til next week !!

Id ask for supervision and ask her to note that you feel you are being put unnecesarily at risk by her refusal to follow the law and that you require this to be noted.

Then go on the sick.

Some bosses are shocking.

I don't understand why she is refusing to do the risk assessment - it should be carried out as soon as you notify them about the pregnancy. And the fact that you are being treated differently to other pregnancy employees sounds as if you have a good case for discrimination.

Check out this government website - clearly sets out what your employer is supposed to do, and what your rights are. You can call the Health and Safety executive helpline for advice too.

Your GP should be able to specifically recommend that you do not work with violent clients in either department. Especially since your working conditions have already resulted in you becoming ill once - this should be a big red flag!

Also, I strongly suggest that you document what has happened in a letter to your employer (preferably the HR department if there is one) - what you requested, what she said, etc etc. Otherwise it will just get swept under the carpet.

Are you in a union? If you are (or if there is an appropriate one to join) they can offer you support here and free legal advice.

What I would say is that you sound very stressed and upset by the whole thing and as though you have a bad wokring relationship with your boss and unfortunately this is not going to go over well. Try writing down calm, reasonable points - either to use as a prompt when talking to her or in the form of a letter so that it is all official and in writing (get someone to check this to make sure you've got the tone right). I'd say you need to get accross the following points (check the directgov website for useful quotes and specifics):

1. You are legally entitled to a risk assessment and feel that you (and your baby) are currently working in an unsafe environment
2. You are happy to take paid leave if a more suitable working environment/duties can be found
3. You would be happy to have a restricted/changed 'client list' as previous pregnant colleagues have
4. Your current situation is causing you large amounts of stress and are concerned that if there is no quick resolution you may have to take further sick leave (be careful not to make this sound like a threat!)
5. You feel that personality differences with your current boss are leading you to be treated differently (in a less favourable manner) - again, this needs careful wording to avoid sounding petty!

HTH