Worried about work

[Sarahcroucher]

Hi, I've just found out that I'm about 4 weeks pregnant. I've called the doctors and they have booked me in for the end of June for my 8 week midwife appointment.

My worry is my work- I know legally they have to allow you time off for appointments and legally can't fire you for being pregnant. However, I have no contract and I can see them finding an excuse to avoid the inconvenience of it all. I'm trying to avoid telling them until I really have to. We aren't allowed time off for doctors appointments and holidays have to be taken in week blocks. I guess the only option is to call in sick but I cant keep doing this.

Does anyone have experience of getting midwife appointments outside of the 9-5? The receptionist said I couldn't but I dont know if there's anywhere else I could go..

Sorry about the long post

How long have you worked there?

And why don't you have a contract?

My booking in is on a Sunday but that may be an exception. Last time all my appointments were on a wednesday as that was the only day there was a midwife at my surgery.

But more to the point, why don't you have a contract? It doesnt sound very secure even thinking beyond this one appointment

Yikes - your work sounds brutal. Is that even legal to not allow time off for doctors appointments? Can I ask where you're based?

It does sound very shaky with no contract. Is it casual working? Do you get payslips?

My first pregnancy I was seen by a midwife at the local community hospital so I was able to get my appointments a little later in the evening. It may be worth finding out if you have community midwives based somewhere other than your GP surgery.

Don't forget that your scan appointments will be during the day though

Unless you have some particular arrangement (like freelance/contractor, which is unlikely as you’d know) then you’re most likely an employee, and all employees have a contract with their employer. An employer doesn’t actually have to give you a piece of paper saying ‘contract’, but within 8 weeks of starting your role (IIRC) they should outline the particulars of your employment (eg where you’re working, hours, entitlements etc) in writing.

However these also aren’t the only terms of your employment - there will be implied terms, such as from employment legislation (the right to paid time off for antenatal care is one example) and from their employment policies (eg if they have a company handbook or intranet with policies around sick leave and such).

If they haven’t given you a written statement that is their breach. If they haven’t given you a contract that names all of your entitlements (statutory or company policy-wise, for instance) that doesn’t mean you don’t have them.

They literally can’t ‘avoid’ being in breach of their statutory requirements if they are your employer. They would have to argue that you are not an employee or a worker, which is likely to be hard for them to do and is something that most employment tribunals would take a dim view of. Even if you were classed as a worker and not an employee (which isn’t all that common in most jobs) you would still have statutory rights (including protection from discrimination, and usually SMP etc).

A couple of links - statement of particulars and worker status.

If you think this could get difficult, organisations like Acas, CAB and Maternity Action are useful sources of help and information.

...so just to be clear, apart from the fact that antenatal appointments are not often available outside of 9-5, you are entitled to paid time off work for antenatal care regardless of the absence of a piece of paper saying ‘contract’.

The time off should be reasonable, so if you work full time then you take the time needed for the appointment (including travel) and not a whole day if a whole day isn’t needed. If you work part time, you try to arrange appointments during your non working days if possible. But you are entitled to the time off, with pay.

Also, if you have a pregnancy-related sickness then that must be treated differently from standard sickness in company procedures (eg let’s say your work trigger disciplinary procedures for sick absence of more than 7 days in a year, the same rule shouldn’t apply to pregnancy-related sick absence). I know you were talking about bluffing sickness for the purposes of attending an appointment, but just thought I’d highlight that too.

Basically I highly recommend getting familiar with your rights if you suspect they’re the type of employer to try and avoid their legal obligations, which it sounds like they may have already done, if you have worked there longer than 2 months and still don’t have a written statement of particulars.

Pregnant employees’ rights... (last one, for now at least)

I've just seen these responses - sorry about the late reply!

I have been there over a year and neither myself or my colleague have received anything in writing at all. We have asked for a contract, or something but it just gets brushed off. We are employed directly by the company and get pay slips through them.

Thank you for all your advice. I'm going to make them aware of my pregnancy at 12 weeks - if I do lose my job then I will have a battle on my hands. At least once they know, like you say, they have to allow me time off. Again, if they don't, I can take this further.

Thank you:)

Good luck OP, I do hope they are sensible and that you don’t have to fight If you do lose your job, you would likely have a clear case of discrimination and unlawful dismissal (obviously seek professional advice in that event, and I do hope it doesn’t come to that).

But bear in mind... they have already breached their legal obligations to you (and your colleague) as an employer, by not having provided you with a written statement of particulars. Which suggests that despite having a business that employs people, they know woefully little (or simply do not care) about employment legislation. There may be many other areas in which they are already in breach.

(Sorry to be so ranty about this, I get frustrated by employers acting in this way and hope everyone can at least get treated in accordance with the law!)

Wishing you the very best for your pregnancy

www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/

You don't actually need a contract. Or you but it will actually exist without you having signed it so to speak to they can't get away from your employment rights.