Work being unreasonable, handed a work place adjustment form & told to get a doctor to look at it.

[TCrystal]

Hi so I’ve returned to work after being off with muscular/skeletal pain for 2 weeks. I’m 28 weeks pregnant and expressed my concern about travelling in rush hour traffic and that i start to get cramp half way through the drive. So asked for 9-5 to be 8-4 instead and basically got told they can’t just accommodate everything for me because I’m pregnant.

I don’t feel safe at work, I work in retail and asked to be moved onto lighter lifting but they’ve tried to get me on bakery which is harder than the department I’m already on. I feel like my head department manager isn’t very sympathetic and she basically told me that I have to work within the business needs and where I’ll fit?

i now feel anxious and will a doctor even look at a form my work place has given me regarding work place adjustments?

It’s very odd like this document I’ve been given. Department manager wrote on what they’d like to do/put me on & on the document have put 8-4 Hours change yet the lead manager (my Department managers, manager) turned around and said it isn’t doable, I said I’m getting tired so she suggested that next time we discuss next week maybe it’s worth me coming in at 7am and leaving earlier 😂. I think a lot of it comes down to a power thing personally and wanting the “last word”

Why wouldn’t the 7am start work? Would it not be quite handy to avoid rush hour and you’d get to finish early too so could have a nap when you get home? I’m not sure how reasonable employers are about tiredness really. Health issues they definitely need to be supportive with but I don’t know if tiredness is classed as one.

NHS online advised to adjust hours as during the last trimester you do begin to get tired and feel exhausted and that isn’t good while your working with bread slicers and driving in bad traffic. I don’t have a problem trying those hours at 7am (they were only suggested after I had my risk assessment though or I’d have agreed to try it) it was said informally - I just haven’t ever done them before so I’m not sure how it will affect me until it’s happening. I suppose I’m gonna have to just discuss it with a doctor and see what they think.

Are you part of a Union? I work in retail for one of the major food retailers and when I was pregnant I had access to the policy and risk assessment options that managers used to put safe working conditions in place. You should be able to look at the policy and all its supporting documents.

Also we don't have a HR now but have a protector line so we can call that but if you are in the union I'd call them and ask for rep from another store.

My adjustments were minor because I spent the first 3 months off with hyperemesis but when I returned I wasn't allowed in any open food areas such as the deli or bakery. If I was throwing up (which happened all 9 months) I was allowed to secretly hide sick bowls (not used ones) in areas hidden from customers so I could grab one when needed. I also had a amazing colleague who would come in when I was really ill and cover for me. I was very lucky

It’s the last 4 weeks of pregnancy where your leave starts, they can’t legally make you start it earlier than that. I probably am being over precautious but can I be blamed after the last few weeks? I was unable to breathe properly for a week and got sent to hospital while worrying about baby the whole time. I’m not a sickly or health anxious person at all, before I was pregnant I NEVER went to doctors or needed any involvement with them really the odd time I needed antibiotics that’s about it. Never even had a blood test til now!

“Surely if it impacts my health/baby they need to take that into consideration. If that’s the case I’d have thought that they’re meant to suspend on full pay if a role isn’t suitable or deemed unsafe.”

Is this what you’re wanting to happen?

if I were you I’d just get signed off.

I think their wanting me to get advise off a doctor. Preferably I would rather work as I enjoy working with the people it’s management that let the place down.

if it’s going to cause this amount of anxiety and stress that will affect me though maybe I am better signing off. I’m asking for a small adjustment that’s it. I haven’t been unreasonable I’ve offered to do multiple roles in different areas and I don’t feel they’re meeting me half way.

I’m glad you were treated okay!

I’ve been so lucky so far, it’s only up until 26 weeks where I’ve started having problems really, I felt sick but never was and still went to work - I have had 2 weeks off sick for quite a serious problem and just honestly thought what I was asking for to help me was “reasonable”.

Im not in the union either, I suppose I’ll have to just see what the doctors advice is!

I think the best thing you can do is get your gp's advise, it certainly can't help to hear what they have to say but if they're still not accomodating consider going on the sick as you're clearly stressed about it all anyway.

They shouldn't ever be making you go in the freezers though, was that not in your risk assessments? I work in retail for a supermarket and they've honestly been so brilliant so I'm sorry to hear you're going through this!

I think at this point it’s the only thing I can do, I’ve been left with no other option. They’ll be fed up of me this month 😂!

yeah, The agreement we had was that someone would go in for me manager wise & no one ever did, my own managers were asked & never went so felt like I had to just do it or I’d be leaving the next person short of stock! Unfortunately all of the experienced managers were made redundant at our place and replaced with uni graduates that haven’t really got a clue.

Both of my managers basically told me they’ve never done a maternity risk assessment before, it doesn’t fill me with much confidence at all!

If driving in rush hour is too much clutch work and causing your calf to cramp then wouldn't a better solution be to get the bus? That way you can stretch your legs and move them around as needed.

With regard lighter duties, what heavy duties are you doing in your current role? Have you been clear about which elements you can no longer do and is there someone else who can take those on?

As I’ve said, I am tired as it is and don’t want to end up travelling 3 hours a day via public transport making it a 10.5 hour day.. I used to do this before I drove and it drained me, never mind being 7months pregnant. I really don’t think it’s unreasonable asking to do 1 hour difference in timings. Not when they eventually said 7am (2 Hours earlier than me normal 9am start)

Crates full of chicken, lifting them & catching myself on the totes, taking trays out of ovens all day long and awkward movements.. going into a freezer and lifting heavy boxes amongst large rollers in the way that I have to push and physically strain myself doing so.. I haven’t had ANY adjustments the whole way through now I’m in my third trimester it’s beginning to catch up with me.. a supermarket has various roles which people with mental health/medical issues are catered for so why are pregnancy related issues any different? I find it baffling

You need to make adjustments to account for your pregnancy and enable you to work, your work need to take steps to ensure that you are not unsafe.

If you are getting tired then go to bed earlier to make sure you get more sleep and to make up for any lost sleep due to you waking up at 3am.

It doesn't sound as though lifting a tray of meat to the oven would be considered unsafe. I can also see that it would be very difficult to adapt the Deli counter role to remove all moving of trays and placing of trays in and out of the oven, so the only realistic option for your managers is to offer to swap you with someone else so that they do the entirety of your role and you do the entirety of theirs.

I'm not sure how role titles/contracts etc work in your company, but I'm guessing that you couldn't swap with someone from checkout team, you can only be swapped with someone from another cooking/baking/counter role, could that be the case?

If the role isn't unsafe for a pregnant woman to do, and they can only swap you to another similar role which you are unwilling to accept then it wouldn't be for them to suspend you, it would be for you to go on sick leave with whatever your sick pay is, because you and your doctor are determining that you are too unwell to fulfil your job role.

I do go to bed normally at 10 am and get up for 6.40 am.. it’s not about going to bed it’s the fact I’m uncomfortable and get back ache constantly tossing and turning and waking up from kicks.. that’s the nature of being pregnant - not the fact that I’m not going to bed

my job isn’t just “lifting a tray of meat” 😂.. read the actual comment.. it involves moving heavy rollers full of boxes of roughly 10 whole chickens, 80 thighs per box etc. I have been told to do packing in the bakery and my department comes under food which is the whole of shop floor too so there is multiple roles that I could do and have been flexible in saying I would do those roles.. I don’t think being thrown in a bakery and expected to train within a week and left alone is acceptable though!

I think everyone thinks checkouts is the way forward.. it’s not good sitting down for 7.5 hours - you need a mix standing and sitting which I’ve been told to do previously.

I think I’ll have to just discuss with doctor and explain how I’m feeling and what would potentially help me, it is causing stress that is really not needed though.. it doesn’t cost much to be empathetic really..

No you can be on the sick till 36 weeks.

I don't understand why you'd object to being trained for the bakery? Their choice to pay for your time that way, surely? And gives you more options on return to work.

If rolling out cases of produce is a problem in the rotisserie, I can understand why they wouldn't want you stacking even crisps etc. Presumably you'd have to get them to the aisle. Same with queue busting - that's not always needed is it.

I think you'd be less stressed if you were clearer about boundaries. You get to say what you can't do for medical reasons - freezer, rush hour commute etc. They get to say what's available and useful to them that meets those conditions.

You seem to be going from not observing your own boundaries to wanting a really specific solution. Are these two different anxious responses do you think?

If there's work you can safely do for a few weeks and you want to be at work, I'd just roll with that and try not to think too hard about managers and their thought processes.

Honestly if management are being this difficult and crap (and they are !) I think you should get signed off sick until 38 weeks.

I complete maternity risk assessments as part of my role and it sounds like they aren’t looking to support you OP.

I disagree. I get the impression that they are trying to support her but she’s disagreeing with all their suggestions.
OP, if you’re not able to carry out any reasonable duties because of your pregnancy then you will have to be signed off sick.

Crates full of chicken, lifting them & catching myself on the totes, taking trays out of ovens all day long and awkward movements.. going into a freezer and lifting heavy boxes amongst large rollers in the way that I have to push and physically strain myself doing so.. I haven’t had ANY adjustments the whole way through now
The above is the kind of thing that a pregnancy risk assessment should consider and probably say you shouldn't be doing. But leg cramps that you only get from driving in the rush hour isn't a medical condition - that's why they've told you to ask for GP's advice, because they don't think it's reasonable. They have to follow medical advice, but they don't have to give you whatever you ask for.

You said at the beginning of your post that it's actually harder or heavier to do the bakery packing job,how is that harder?all you would do is pack bread,donuts and croissants etc in their packaging.if that is heavy work...🙄 and as for checkouts you wouldn't be sitting for 7.5 hours,you would get breaks and you can also serve people standing no one is going to force you to sit down,and presumably as checkouts is not your department you would also need to be trained for that,even if you did queue busting in the past is not the same as being full time checkout colleague.

Hey, OP. I'm so sorry you're going through this.
Legally, your employer should have done a pregnancy risk assessment upon finding out about your pregnancy and throughout.
Different rules apply to fit notes and workplace adjustment when pregnant. If your employer can not tailor to your needs, then they must suspend you with full pay.
Please seek support from HR and escalate your concerns above your managers.
Please refer to the Health & Safety Executive Law and ACAS - Specifically the pregnancy parts and slap that in an email telling your employers to refer to it.
Pregnancy is also a protected characteristic. Please also refer to the Equality Act 2010.
Can you access the workplace policies?
You are completely in the right OP. Do not start maternity leave earlier than you need. Hold your employer accountable for their actions.
It is the law that your employer must abide by!
Let us know how you get along

I haven’t objected, my concern is that I know what their like and I KNOW It wont be just packing, it’ll be expected that I need to do other jobs. If it was just packing I wouldn’t care/code checking involves basically getting right down on the floor aswell that was mentioned..

You’re right about the boundaries and being clear because I’ve been let down so far the whole way through. what they have said they’ll help with they haven’t therefore I’m getting anxious about it the bigger I get.

I feel like a lot of people on this thread think being awkward/lazy and that’s the last thing I am. By all means, I Can get to a doctor and confirm that cramp is caused by pregnancy I’ve never suffered before from it. To me it’s just wasting a doctors time for a simple 1 hour adjustment, clearly the adjustment isn’t a problem as their expecting me to potentially come in at 7am despite me saying I’m knackered from shite sleep.. it comes down to the management team, I know for a fact if it was experienced managers I’d be more looked after.

How exactly do I break a journey up without having to park up for half an hour? That’s also changing my hours by a day.. it makes no sense.