Can a midwife stop me working night shifts?

[OnMyJourney]

Hi,

I'm coming up to 29 weeks pregnant and I'm 100% ready to leave but realistically that's not how it works lol so I'm due to go on maternity leave at 34 weeks but because my shifts are sometimes day shifts (8am-5pm) sometimes night shifts (4pm-1am) sometimes I'll work 12pm-8pm, it's so varied and I'm getting no sleep at night really and the night shifts are killing me off, I work in an hospitality so my job involves me lifting heavy buckets of money, putting away deliveries, running around, fixing machines, managing my team, serving at the bar, cooking food, running parties and generally it takes the life out of me. I'm really struggling to do the night shifts yet I know if I requested to my manager to not do night shifts, she would probably say no, is this something a midwife could write me a note for? If she can is my manager allowed to cut my working hours for this, because I can't afford that, I feel so done with work 😅

Do you a have a contract with a set number of hours? I know that work are supposed to do a health and safety assessment and have to make reasonable adjustments for your pregnancy if your job could put the pregnancy or your health at risk.
If you don’t have a contracted number of hours though I’m not sure where you stand legally.
Your company should have a maternity policy of some kind I think..

In theory they can say you aren't fit for work unless it's day shifts and do a fit note

The risk is that your employer may just say that you have to take sick leave. In a lot of work places by a certain point that then triggers your mat leave anyway

Your GP can write a 'may be fit for work' note and specify that you need a change in your hours/duties.

I am extremely surprised by your employment.
Making a pregnant woman work night shifts and lifting heavy stuff?
I worked in hospitality for over 10 years in numerous places (franchise, family run, casino, hotel) and pregnant women have always been put on dayshifts. I never heard such a thing and I definitely won't do it- they just get away with it because you didn't complain yet. They should have offered the option to move completely dayshift as soon as you told them that you are pregnant.

Your manager should have done a risk assessment linked to pregnancy

You need to have a risk assessment with reasonable accommodations made. Pregnancy is a protected characteristic by law, they have to do this. The midwife might be able to outline this necessity in a short letter, and point out they can be sued if they haven't done this and you or the baby end up in distress.

Being pregnant you have the right to request reasonable adjustments, so you could ask to change your shifts.

Also your employer is legally obliged to carry out a pregnant woman workplace risk assessment. That should ensure you are not over exerting yourself or doing any activities that could cause harm to you or your baby. This could include things like no lifting, no prolonged standing, extra breaks, not working in extreme temperatures... to name but a few.

Your employer should have a risk assessment in place and should be making reasonable adjustments

As per PP, your employer is legally obliged to do a risk assessment for you during your pregnancy, which you should have been involved in and should be revised regularly. I’d be very surprised if they have done one properly that the results would show that it was acceptable for you to carry on working in this way, the level of risk is too high. So I suspect either they have not done the risk assessment, or it has not been done properly. Either way they are breaking the health and safety at work regulations, so you should have this conversation with your manager or HR. Your midwife will definitely be worth talking to as they will be able to help explain this and will have good advise for you

Have you had a risk assessment?

I'm surprised at your employer allowing you to do all those tasks tbf. I'm a seasonal worker and I am not allowed to do any lifting, even small bags of cash, i also don't work lates/nights.

Your doctor can provide you with a sick note for workplace amendments if needed.

These aren't binding though, the employer has no obligation to do any of the suggested amendments.

What is the maternity policy where you work? Start there. Phone ACAS if you're getting the run-around.