Advice wanted from anyone in HR ...

[Sahkoora]

Hi,

My friend is pregnant and has suffered horrendous morning sickness. She's on cyclizine and work have been really awkward.

She works in a factory operating dangerous machinery, and they have told her she can't take cyclizine if she wants to come to work as it makes you drowsy.

There are other departments in the factory that don't use dangerous stuff, all of which my friend is qualified for, but they don't want to move her.

They have told her if she doesn't stop taking it, she will have to get signed off, which will mean she loses a considerable amount of money.

This doesn't sound right to me, it sounds a lot like discrimination. If she stops taking it, her health and her baby's would be in danger.

Can anyone point me in the direction of some legislation on this? Thanks!

Definetly discrimination. She has been told by the doctor to take the tablets during pregnancy, therefore they must accommodate , find alternative work or suspend her from work with full pay until she comes off them.
She should call HR and maybe raise a grievance according to procedure.
Hope that helps!

It does! Thank you. Apparently they have told her she is a health and safety risk in every department because she could fall asleep and bang her head at any moment.

I'm livid on her behalf, sounds like they are trying to bully her out of her job.

Yup. What Salmon said. They can move her to safer work or suspend on FULL pay. Is this a big company with HR?

What Salmon said. PLUS they can't hold any pregnancy related a absence against her - the sickness records should be kept separately. Get her to write everything down.

A company must do a pregnancy risk assessment. If they cannot provide her with a role that is safe and suitable, she must be signed off on FULL pay until such a time she is able to work safely in any aspect within the workplace.

If they deem it unsafe for her to work anywhere in their company with necessary medicatiom then they leave themselves no choice but to sign her off on full pay until she no longer needs to take the meds.

But what does FULL pay mean? If full pay is working 9-5 on standard rate but she normally does shifts that have a higher rate of pay, for instance, then which counts?

No- what she normally earns. Not some artificially held down calculation.

There is a company called ACCAS you will find it on the net, it is an independent organisation that will give full legal advice free of charge to employer/employee, just call them and explain and they will give you all you need to know! Good Luck and let us know how your friend gets on....oh and remind her she has every right to bring a little person into the world and to remember she is in the right and the are being totally discriminative towards her human rights! also maybe a good thing if she has a contract to read it as these usually cover maternity terms and conditions and health and safety etc.

Cheers.

FULL pay is whatever her contract states. So of she works 35 hours a week at £10 per hour, thats what she gets.

You and your friend should check out the HSE website. There is also citizens advice too.

www.hse.gov.uk/contact/faqs/pregnancy.htm

As she has Hyperemesis she should get signed off by her gp to give herself some breathing space. I'm amazed she can work I spent most of my first trimestet signed off and had to stop work completely at 17 weeks.

She's had quite a bit of time off and is still needing to be sick quite regularly at work. They have treated her like she is being a bit wet and keep telling her no one else has needed to take time off or have special measures.

Thanks for the links and advice, have passed them on and she's going in today well armed.

She probably could get signed off but doesn't want to as her sick pay is not good.

Will keep you updated, hopefully she will sort them out!