Any advice appreciated...

[GH1307]

Currently 37 weeks pregnant with my second child. I have had ongoing issues with my employer around working from home. I am usually supposed to work 2 days in office. When I asked whether it was possible to work from home as I was struggling with the 1h30m-2h commute (and there isn't actually anyone from my team based in the same office) I was met with a hard no. I managed to dispute this as my risk assessments hadn't been (and still haven't been) completed. They now turn a blind eye to me working from home but are very clearly not happy about this.

Anyway, I am due the middle of October. I am working up until a week before my due date simply due to cost. My managers have since told other members of staff I will be commuting into office for 2 consecutive days, 6 days before my due date. This has not yet been shared with me but they have previously discussed that they will 'try to sort a date' for me to go into office. I do not always get seats on the train (despite getting there early and appearing heavily pregnant) and really struggle with the rush of the city train station and the taxi area.

My office would be a train drive and a taxi ride away from the hospital I plan to labour at (looking at well over a hour). I cannot bring my maternity forwards due to poor mat pay and I also labour very quickly.

I am worried about how I can approach this matter, I know they will be informing me shortly that I am needed in on these two days, as others have warned me. Any advice would be massively appreciated, my line manager and those above them can often be really awful to people who do not conform.

I'm sorry but your employers attitude is simply outrageous. They absolutely cannot expect you to commute up to 2 hours into the office 6 days before your due date and think that's acceptable.
The whole point of them doing risk assessments is to check on your overall health, safety and wellbeing whilst at work and they haven't even bothered to do this.
Do your company have a HR department or at the very least an OH provider? I'm assuming you requested the working from home adjustments in writing? What was their reason other than no? If you have put this in writing as a flexible working request they have to give a reason. I would argue that submitting a flexible working request (to work from home) because you are struggling with the commute and are heavily pregnant could potentially be seen as pregnancy discrimination, unless there is a true business reason for it.

Thanks for this response, feeling a little deflated at the moment as I feel I am just coming across as awkward.

Believe it or not I work for a government department (a very well known one at that) so they do have a HR and OH.

I requested the adjustments via email and a risk assessment via email numerous times but did not receive a response from managers. I do however know that they have discussed my situation with HR and it was after this they begun turning a blind eye to WFH. As they usually monitor this religiously.

They did not have a reason for saying no really. They avoided responding to me and when I approached it in person they said that they had not had a pregnant member of staff before and couldn't find guidance saying I could have it off. They also said that I might be considered not fit to work if I needed to be WFH. They told me they would be able to let me have 2 weeks WFH a month back as a courtesy due to the protests taking place but they would review it again. They did not review it but I took advantage of this and they have not since asked what days I am in, which they are usually very strict on.

Their attitude all sounds a bit off to me. It's a government department but they are claiming to not know the law around pregnant employees, yet when they speak to HR they go quiet for a while.
Asking to work from home does not mean you should be getting signed off sick, it's a reasonable adjustment because you are heavily pregnant and are struggling with the commute, it doesn't mean you are unable to fulfil your duties, unless there is a valid reason why you have to be in the office.
Personally if it were me I would put all correspondence regarding this matter in writing so you have a paper trail of everything. Ask them why they haven't carried out risk assessments throughout your pregnancy and why they didn't tell you why you couldn't work from home despite submitting a flexible working request. The fact they avoid your questions shows they either know what they are saying is wrong or they actually have no idea on the law and are just idiots.
Don't be bullied by them and escalate it to HR if you get no joy.

They have a statutory duty to carry out a risk assessment and are breaking the law by not having done one. Are you a member of a trade union? Could you ask Pregnant then Screwed to support you with challenging them?
Shocking practice!

@GH1307 im sorry you’re in this position. You need to stand firm. As previous poster said, they have a legal duty and are failing in that.

if you’re a member of a TU, go to them. If not, call acas. Make sure you keep all comms in writing so you have proof of your requests.

im an Employment Law advisor so drop me a PM - I can send a more details reply tomorrow 🙂